(1) accepting risk-based consensus safety standards related to the design, production, and modification of small unmanned aircraft systems;
(2) authorizing the operation of small 2 unmanned aircraft system make and model designed, produced, or modified in accordance with the consensus safety standards accepted under paragraph (1);
(3) authorizing a manufacturer to self-certify a small unmanned aircraft system make or model that complies with consensus safety standards accepted under paragraph (1); and
(4) certifying a manufacturer of small unmanned aircraft systems, or an employee of such manufacturer, that has demonstrated compliance with the consensus safety standards accepted under paragraph (1) and met any other qualifying criteria, as determined by the Administrator, to alternatively satisfy the requirements of paragraph (1).
(1) Technologies or standards related to geographic limitations, altitude limitations, and sense and avoid capabilities.
(2) Using performance-based requirements.
(3) Assessing varying levels of risk posed by different small unmanned aircraft systems and their operation and tailoring performance-based requirements to appropriately mitigate risk.
(4) Predetermined action to maintain safety in the event that a communications link between a small unmanned aircraft and its operator is lost or compromised.
(5) Detectability and identifiability to pilots, the Federal Aviation Administration, and air traffic controllers, as appropriate.
(6) Means to prevent tampering with or modification of any system, limitation, or other safety mechanism or standard under this section or any other provision of law, including a means to identify any tampering or modification that has been made.
(7) Consensus identification standards under section 2202 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).
(8) To the extent not considered previously by the consensus body that crafted consensus safety standards, cost-benefit and risk analyses of consensus safety standards that may be accepted pursuant to subsection (a) for newly designed small unmanned aircraft systems.
(9) Applicability of consensus safety standards to small unmanned aircraft systems that are not manufactured commercially.
(10) Any technology or standard related to small unmanned aircraft systems that promotes aviation safety.
(11) Any category of unmanned aircraft systems that should be exempt from the consensus safety standards based on risk factors.
(1) airworthiness certification requirements under section 44704 of this title; or
(2) type certification under part 21 of title 14, Code of Federal Regulations.
(1) The aircraft system's operating instructions.
(2) The aircraft system's recommended maintenance and inspection procedures.
(3) The manufacturer's statement of compliance described in subsection (h).
(4) Upon request, a sample aircraft to be inspected by the Federal Aviation Administration to ensure compliance with the consensus safety standards accepted by the Administrator under subsection (a).
(1) identify the aircraft make, model, range of serial numbers, and any applicable consensus safety standards used and accepted by the Administrator;
(2) state that the aircraft make and model meets the provisions of the consensus safety standards identified in paragraph (1);
(3) state that the aircraft make and model conforms to the manufacturer's design data and is manufactured in a way that ensures consistency across units in the production process in order to meet the applicable consensus safety standards accepted by the Administrator;
(4) state that the manufacturer will make available to the Administrator, operators, or customers—
(A) the aircraft's operating instructions, which conform to the consensus safety standards identified in paragraph (1); and
(B) the aircraft's recommended maintenance and inspection procedures, which conform to the consensus safety standards identified in paragraph (1);
(5) state that the manufacturer will monitor safety-of-flight issues and take action to ensure it meets the consensus safety standards identified in paragraph (1) and report these issues and subsequent actions to the Administrator;
(6) state that at the request of the Administrator, the manufacturer will provide reasonable access for the Administrator to its facilities for the purposes of overseeing compliance with this section; and
(7) state that the manufacturer, in accordance with the consensus safety standards accepted by the Federal Aviation Administration, has—
(A) ground and flight tested random samples of the aircraft;
(B) found the sample aircraft performance acceptable; and
(C) determined that the make and model of aircraft is suitable for safe operation.
(A) the make and model has been authorized for operation under subsection (a); or
(B) the aircraft has alternatively received design and production approval issued by the Federal Aviation Administration.
(Added Pub. L. 115–254, div. B, title III, §345(a), Oct. 5, 2018, 132 Stat. 3291.)
Section 2202 of the FAA Extension, Safety, and Security Act of 2016, referred to in subsec. (b)(7), is section 2202 of Pub. L. 114–190, which is set out in a note under section 44802 of this title.
Pub. L. 115–254, div. B, title III, §345(b), Oct. 5, 2018, 132 Stat. 3293, provided that: "The Center of Excellence for Unmanned Aircraft Systems shall establish an unmanned aircraft systems research facility to study appropriate safety standards for unmanned aircraft systems and to validate such standards, as directed by the Administrator of the Federal Aviation Administration, consistent with section 44805 of title 49, United States Code, as added by this section."
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be preceded by "a".
3 So in original. There are no subsecs. (c) and (d).