米国では、連邦航空局(Federal Aviation Administration)に対して、5年間の財務的支出を承認するための法律であるFAA Reauthorization Act of 2018の法案が、2018年10月3日に上院で可決されたようです。残りの手続きは大統領の署名で、これにより執行されるようです。同日付のワシントンポストの記事に掲載されている上院議員の談話を読むと、争点が多く、交渉に時間を要したことが強調されています。
Sections 341～384がドローンに関するものです。Section 349は娯楽目的のドローンの運用に関する規制になっています。Section 351が、先日コメントした、Integration Pilot Programに関するもの、Section 366が、公共の安全を脅かすドローンに対する今後の対応方針に関するもので示唆に富みます。351と366を引用してみます(赤字は筆者の備忘のためのものです）。
SEC. 351. Unmanned aircraft systems integration pilot program.
(a) Authority.—The Secretary of Transportation may establish a pilot program to enable enhanced drone operations as required in the October 25, 2017 Presidential Memorandum entitled “Unmanned Aircraft Systems Integration Pilot Program” and described in 82 Federal Register 50301.
(b) Applications.—The Secretary shall accept applications from State, local, and Tribal governments, in partnership with unmanned aircraft system operators and other private-sector stakeholders, to test and evaluate the integration of civil and public UAS operations into the low-altitude national airspace system.
(c) Objectives.—The purpose of the pilot program is to accelerate existing UAS integration plans by working to solve technical, regulatory, and policy challenges, while enabling advanced UAS operations in select areas subject to ongoing safety oversight and cooperation between the Federal Government and applicable State, local, or Tribal jurisdictions, in order to—
(1) accelerate the safe integration of UAS into the NAS by testing and validating new concepts of beyond visual line of sight operations in a controlled environment, focusing on detect and avoid technologies, command and control links, navigation, weather, and human factors;
(2) address ongoing concerns regarding the potential security and safety risks associated with UAS operating in close proximity to human beings and critical infrastructure by ensuring that operators communicate more effectively with Federal, State, local, and Tribal law enforcement to enable law enforcement to determine if a UAS operation poses such a risk;
(3) promote innovation in and development of the United States unmanned aviation industry, especially in sectors such as agriculture, emergency management, inspection, and transportation safety, in which there are significant public benefits to be gained from the deployment of UAS; and
(4) identify the most effective models of balancing local and national interests in UAS integration.
(d) Application submission.—The Secretary shall establish application requirements and require applicants to include the following information:
(1) Identification of the airspace to be used, including shape files and altitudes.
(2) Description of the types of planned operations.
(3) Identification of stakeholder partners to test and evaluate planned operations.
(4) Identification of available infrastructure to support planned operations.
(5) Description of experience with UAS operations and regulations.
(6) Description of existing UAS operator and any other stakeholder partnerships and experience.
(7) Description of plans to address safety, security, competition, privacy concerns, and community outreach.
(e) Monitoring and enforcement of limitations.—
(1) IN GENERAL.—Monitoring and enforcement of any limitations enacted pursuant to this pilot project shall be the responsibility of the jurisdiction.
(2) SAVINGS PROVISION.—Nothing in paragraph (1) may be construed to prevent the Secretary from enforcing Federal law.
(3) EXAMPLES OF LIMITATIONS.—Limitations under this section may include—
(A) prohibiting flight during specified morning and evening rush hours or only permitting flight during specified hours such as daylight hours, sufficient to ensure reasonable airspace access;
(B) establishing designated take-off and landing zones, limiting operations over moving locations or fixed site public road and parks, sidewalks or private property based on zoning density, or other land use considerations;
(C) requiring notice to public safety or zoning or land use authorities before operating; and
(D) prohibiting operations in connection with community or sporting events that do not remain in one place (for example, parades and running events).
(f) Selection criteria.—In making determinations, the Secretary shall evaluate whether applications meet or exceed the following criteria:
(1) Overall economic, geographic, and climatic diversity of the selected jurisdictions.
(2) Overall diversity of the proposed models of government involvement.
(3) Overall diversity of the UAS operations to be conducted.
(4) The location of critical infrastructure.
(5) The involvement of commercial entities in the proposal and their ability to advance objectives that may serve the public interest as a result of further integration of UAS into the NAS.
(6) The involvement of affected communities in, and their support for, participating in the pilot program.
(7) The commitment of the governments and UAS operators involved in the proposal to comply with requirements related to national defense, homeland security, and public safety and to address competition, privacy, and civil liberties concerns.
(8) The commitment of the governments and UAS operators involved in the proposal to achieve the following policy objectives:
(A) Promoting innovation and economic development.
(B) Enhancing transportation safety.
(C) Enhancing workplace safety.
(D) Improving emergency response and search and rescue functions.
(E) Using radio spectrum efficiently and competitively.
(g) Implementation.—The Secretary shall use the data collected and experience gained over the course of this pilot program to—
(1) identify and resolve technical challenges to UAS integration;
(2) address airspace use to safely and efficiently integrate all aircraft;
(3) inform operational standards and procedures to improve safety (for example, detect and avoid capabilities, navigation and altitude performance, and command and control link);
(4) inform FAA standards that reduce the need for waivers (for example, for operations over human beings, night operations, and beyond visual line of sight); and
(5) address competing interests regarding UAS operational expansion, safety, security, roles and responsibilities of non-Federal Government entities, and privacy issues.
(h) Notification.—Prior to initiating any additional rounds of agreements with State, local, or Tribal governments as part of the pilot program established under subsection (a), the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations in the Senate.
(i) Sunset.—The pilot program established under subsection (a) shall terminate 3 years after the date on which the memorandum referenced in subsection (a) is signed by the President.
(j) Savings clause.—Nothing in this section shall affect any proposals, selections, imposition of conditions, operations, or other decisions made—
(1) under the pilot program developed by the Secretary of Transportation pursuant to the Presidential memorandum titled “Unmanned Aircraft Systems Integration Pilot Program”, as published in the Federal Register on October 30, 2017 (82 Fed. Reg. 50301); and
(2) prior to the date of enactment of this Act.
(k) Definitions.—In this section:
(1) The term “Lead Applicant” means an eligible State, local or Tribal government that has submitted a timely application.
(2) The term “NAS” means the low-altitude national airspace system.
(3) The term “UAS” means unmanned aircraft system.
SEC. 366. Strategy for responding to public safety threats and enforcement utility of unmanned aircraft systems.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall develop a comprehensive strategy to provide outreach to State and local governments and provide guidance for local law enforcement agencies and first responders with respect to—
(1) how to identify and respond to public safety threats posed by unmanned aircraft systems; and
(2) how to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and first responders.
(b) Resources.—Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a publicly available Internet website that contains resources for State and local law enforcement agencies and first responders seeking—
(1) to respond to public safety threats posed by unmanned aircraft systems; and
(2) to identify and take advantage of opportunities to use unmanned aircraft systems to enhance the effectiveness of local law enforcement agencies and public safety response efforts.
(c) Unmanned aircraft system defined.—In this section, the term “unmanned aircraft system” has the meaning given that term in section 44801 of title 49, United States Code, as added by this Act.