§44803. Unmanned aircraft system test ranges
(a)
(1)
(A) enable a broad variety of development, testing, and evaluation activities related to UAS and associated technologies; and
(B) the extent consistent with aviation safety and efficiency, support the safe integration of unmanned aircraft systems into the national airspace system.
(2)
(A)
(i) Section 332(c) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note), as in effect on the day before the date of enactment of the FAA Reauthorization Act of 2018 (
(ii) Any other test ranges designated pursuant to the amendment made by section 2201(b) of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) after the date of enactment of such Act.
(B)
(C)
(3)
(A) be an instrumentality of a State, local, Tribal, or territorial government or other public entity;
(B) be approved by the chief executive officer of the State, local, territorial, or Tribal government for the principal place of business of the applicant, prior to seeking designation by the Administrator;
(C) undertake and ensure testing and evaluation of innovative concepts, technologies, and operations that will offer new safety benefits, including developing and retaining an advanced aviation industrial base within the United States; and
(D) meet any other requirements established by the Administrator.
(b)
(1)
(A) accommodating hazardous development, testing, and evaluation activities to inform the safe integration of unmanned aircraft systems into the national airspace system; or
(B) other activities authorized by the Administrator pursuant to subsection (f).
(2)
(3)
(A)
(B)
(4)
(c)
(1) may develop operational standards and air traffic requirements for flight operations at test ranges;
(2) shall coordinate with, and leverage the resources of, the Administrator of the National Aeronautics and Space Administration and other relevant Federal agencies, as determined appropriate by the Administrator;
(3) shall address both civil and public aircraft operations;
(4) shall provide for verification of the safety of flight systems and related navigation procedures as such systems and procedures relate to the continued development of regulations and standards for integration of unmanned aircraft systems into the national airspace system;
(5) shall engage test range sponsors, as necessary and with available resources, in projects for development, testing, and evaluation of flight systems, including activities conducted pursuant to section 1042 of the FAA Reauthorization Act of 2024, to facilitate the development of regulations and the validation of standards by the Administrator for the safe integration of unmanned aircraft systems into the national airspace system, which may include activities related to-
(A) developing and enforcing geographic and altitude limitations;
(B) providing for alerts regarding any hazards or limitations on flight, including prohibition on flight, as necessary;
(C) developing or validating sense and avoid capabilities;
(D) developing or validating technology to support communications, navigation, and surveillance;
(E) testing or validating operational concepts and technologies related to beyond visual line of sight operations, autonomous operations, nighttime operations, operations over people, operations involving multiple unmanned aircraft systems by a single pilot or operator, and unmanned aircraft systems traffic management capabilities or services;
(F) improving privacy protections through the use of advances in unmanned aircraft systems;
(G) conducting counter-UAS testing capabilities, with the approval of the Administrator; and
(H) other relevant topics for which development, testing or evaluation are needed;
(6) shall develop data sharing and collection requirements for test ranges to support the unmanned aircraft systems integration efforts of the Administration and coordinate periodically with all test range sponsors to ensure the test range sponsors know-
(A) what data should be collected;
(B) how data can be de-identified to flow more readily to the Administration;
(C) what procedures should be followed; and
(D) what development, testing, and evaluation would advance efforts to safely integrate unmanned aircraft systems into the national airspace system;
(7) shall allow test range sponsors to receive Federal funding, including in-kind contributions, other than from the Federal Aviation Administration, in furtherance of research, development, testing, and evaluation objectives; and
(8) shall use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems.
(d)
(e)
(1) provide access to all interested private and public entities seeking to carry out research, development, testing and evaluation activities at the test range designated pursuant to this section, to the greatest extent practicable, consistent with safety and any operating procedures established by the test range sponsor, including access by small business concerns (as such term is defined in section 3 of the Small Business Act (15 U.S.C. 632));
(2) ensure all activities remain within the geographical boundaries and altitude limitations established for any restricted area, special use airspace, or other similar type of airspace covering the test range;
(3) ensure no activity is conducted at the designated test range in a careless or reckless manner;
(4) establish safe operating procedures for all operators approved for activities at the test range, including provisions for maintaining operational control and ensuring protection of persons and property on the ground, subject to approval by the Administrator;
(5) exercise direct oversight of all operations conducted at the test range;
(6) consult with the Administrator on the nature of planned activities at the test range and whether temporary segregation of the airspace is required to contain such activities consistent with aviation safety;
(7) protect proprietary technology, sensitive data, or sensitive research of any civil or private entity when using the test range;
(8) maintain detailed records of all ongoing and completed activities conducted at the test range and all operators conducting such activities, for inspection by, and reporting to, the Administrator, as required by agreement between the Administrator and the test range sponsor;
(9) make all original records available for inspection upon request by the Administrator; and
(10) provide recommendations, on a quarterly basis until the program terminates, to the Administrator to further enable public and private development, testing, and evaluation activities at the test ranges to contribute to the safe integration of unmanned aircraft systems into the national airspace system.
(f)
(1)
(2)
(g)
(h)
(1)
(A) providing matching funds to commercial entities that contract with a UAS test range to demonstrate or validate technologies that the FAA considers essential to the safe integration of UAS into the national airspace system; and
(B) supporting or performing such demonstration and validation activities described in subparagraph (A) at a test range designated under the section.
(2)
(i)
(Added
Editorial Notes
References in Text
Section 332(c) of the FAA Modernization and Reform Act of 2012, referred to in subsec. (a)(2)(A)(i), is section 332(c) of
The date of enactment of the FAA Reauthorization Act of 2018, referred to in subsec. (a)(2)(A)(i), is the date of enactment of
Section 2201(b) of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (a)(2)(A)(ii), is section 2201(b) of
the date of enactment of such Act, referred to in subsec. (a)(2)(A)(ii), is the date of enactment of
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is
Section 1042 of the FAA Reauthorization Act of 2024, referred to in subsecs. (c)(5), (f)(1), and (g), is section 1042 of subtitle B of title X of
Prior Provisions
A prior section 44803, added
Statutory Notes and Related Subsidiaries
Expanding Use of Innovative Technologies in the Gulf of Mexico
"(a)
"(b)
"(1) identify challenges associated with aviation operations over large bodies of water;
"(2) provide transportation of cargo and passengers to offshore energy infrastructure;
"(3) assess the impacts of operations in saltwater environments;
"(4) identify the challenges of integrating such technologies in complex airspace, including with commercial rotorcraft; and
"(5) identify the differences between coordinating with Federal air traffic control towers and towers operated under the FAA [Federal Aviation Administration] Contract Tower Program.
"(c)
"(d)
"(1)
"(A) located in a state bordering the Gulf of Mexico which does not already contain a UAS Test Range;
"(B) has an air traffic control tower operated under the FAA Contract Tower Program;
"(C) is located within 60 miles of a port; and
"(D) does not have any scheduled passenger airline service as of the date of the enactment of this Act [May 16, 2024].
"(2)
"(3)
[For definition of "unmanned aircraft system" as used in section 937 of