[Federal Register Volume 82, Number 208 (Monday, October 30, 2017)]
[Presidential Documents]
[Pages 50301-50304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23746]



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Vol. 82

Monday,

No. 208

October 30, 2017

Part V





The President





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Memorandum of October 25, 2017--Unmanned Aircraft Systems Integration 
Pilot Program


                        Presidential Documents 



Federal Register / Vol. 82 , No. 208 / Monday, October 30, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 50301]]

                Memorandum of October 25, 2017

                
Unmanned Aircraft Systems Integration Pilot 
                Program

                Memorandum for the Secretary of Transportation

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. It shall be the policy of the United 
                States to promote the safe operation of unmanned 
                aircraft systems (UAS) and enable the development of 
                UAS technologies for use in agriculture, commerce, 
                emergency management, human transportation, and other 
                sectors. Compared to manned aircraft, UAS provide 
                novel, low-cost capabilities for both public and 
                private applications. UAS present opportunities to 
                enhance the safety of the American public, increase the 
                efficiency and productivity of American industry, and 
                create tens of thousands of new American jobs.

                The private sector has rapidly advanced UAS 
                capabilities to address the needs of recreational, 
                commercial, and public users. To promote continued 
                technological innovation and to ensure the global 
                leadership of the United States in this emerging 
                industry, the regulatory framework for UAS operations 
                must be sufficiently flexible to keep pace with the 
                advancement of UAS technology, while balancing the 
                vital Federal roles in protecting privacy and civil 
                liberties; mitigating risks to national security and 
                homeland security; and protecting the safety of the 
                American public, critical infrastructure, and the 
                Nation's airspace. Well-coordinated integration of UAS 
                into the national airspace system (NAS) alongside 
                manned aircraft will increase the safety of the NAS and 
                enable the authorization of more complex UAS 
                operations.

                The Federal Aviation Administration (FAA) has taken 
                steps to integrate UAS into the NAS at specific test 
                sites and has issued operational requirements for small 
                UAS operations in the NAS. Further integration will 
                require continued private-sector cooperation and the 
                involvement of State, local, and tribal governments in 
                Federal efforts to develop and enforce regulations on 
                UAS operations in their jurisdictions. Input from 
                State, local, tribal, and private-sector stakeholders 
                will be necessary to craft an optimal strategy for the 
                national management of UAS operations. A coordinated 
                effort between the private sector and among these 
                governments will provide certainty and stability to UAS 
                owners and operators, maximize the benefits of UAS 
                technologies for the public, and mitigate risks to 
                public safety and security.

                Sec. 2. UAS Integration Pilot Program. (a) Within 90 
                days of the date of this memorandum, the Secretary of 
                Transportation (Secretary), in consultation with the 
                Administrator of the FAA (Administrator), shall 
                establish a UAS Integration Pilot Program (Program) to 
                test the further integration of UAS into the NAS in a 
                select number of State, local, and tribal 
                jurisdictions.

                    (b) The objectives of the Program shall be to:

(i) test and evaluate various models of State, local, and tribal government 
involvement in the development and enforcement of Federal regulations for 
UAS operations;

(ii) encourage UAS owners and operators to develop and safely test new and 
innovative UAS concepts of operations; and

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(iii) inform the development of future Federal guidelines and regulatory 
decisions on UAS operations nationwide.

                Sec. 3. Implementation. (a) To implement the Program, 
                the Secretary or the Administrator, as appropriate, 
                shall:

(i) solicit proposals from State, local, and tribal governments to test 
within their jurisdictions the integration of civil and public UAS 
operations into the NAS below 200 feet above ground level, or up to 400 
feet above ground level if the Secretary determines that such an adjustment 
would be appropriate;

(ii) select proposals by State, local, and tribal governments for 
participation in the Program according to the criteria listed in subsection 
(b) of this section;

(iii) enter into agreements with the selected governments to establish the 
terms of their involvement in UAS operations within their jurisdictions, 
including their support for Federal enforcement responsibilities; describe 
the proposed UAS operations to be conducted; and identify the entities that 
will conduct such operations, including, if applicable, the governments 
themselves; and

(iv) as necessary, use existing authorities to grant exceptions, 
exemptions, authorizations, and waivers from FAA regulations to the 
entities identified in the agreements described in subsection (iii) of this 
section, including through the issuance of waivers under 14 CFR Part 107 
and Certificates of Waiver or Authorization under section 333 of the FAA 
Modernization and Reform Act of 2012 (FMRA) (Public Law 112-95).

                    (b) In selecting proposals for participation in the 
                Program under subsection (a) of this section, the 
                Secretary shall consider:

(i) overall economic, geographic, and climatic diversity of the selected 
jurisdictions;

(ii) overall diversity of the proposed models of government involvement;

(iii) overall diversity of the UAS operations to be conducted;

(iv) the location of critical infrastructure;

(v) 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;

(vi) the involvement of affected communities in, and their support for, 
participating in the Program;

(vii) 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; and

(viii) 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; and

  (E) using radio spectrum efficiently and competitively.

                    (c) Within 180 days of the establishment of the 
                Program, the Secretary shall enter into agreements with 
                State, local, or tribal governments to participate in 
                the Program, with the goal of entering into at least 5 
                such agreements by that time.
                    (d) In carrying out subsection (c) of this section, 
                the Secretary shall select State, local, or tribal 
                governments that plan to begin integration of UAS

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                into the NAS in their jurisdictions within 90 days 
                after the date on which the agreement is established.
                    (e) The Secretary shall consider new proposals for 
                participation in the Program up to 1 year before the 
                Program is scheduled to terminate.
                    (f) The Secretary shall apply best practices from 
                existing FAA test sites, waivers granted under 14 CFR 
                part 107, exemptions granted under section 333 of the 
                FMRA, the FAA Focus Area Pathfinder Program, and any 
                other relevant programs in order to expedite the 
                consideration of exceptions, exemptions, 
                authorizations, and waivers from FAA regulations to be 
                granted under the Program, as described in subsection 
                (a)(iv) of this section.
                    (g) The Secretary shall address any non-compliance 
                with the terms of exceptions, exemptions, 
                authorizations, waivers granted, or agreements made 
                with UAS users or participating jurisdictions in a 
                timely and appropriate manner, including by revoking or 
                modifying the relevant terms.

                Sec. 4. Coordination. (a) The Administrator, in 
                coordination with the Administrator of the National 
                Aeronautics and Space Administration, shall apply 
                relevant information collected during the Program and 
                preliminary findings to inform the development of the 
                UAS Traffic Management System under section 2208 of the 
                FAA Extension, Safety, and Security Act of 2016 (Public 
                Law 114-190).

                    (b) The Secretary, in coordination with the 
                Secretaries of Defense and Homeland Security and the 
                Attorney General, shall take necessary and appropriate 
                steps to:

(i) mitigate risks to public safety and homeland and national security when 
selecting proposals and implementing the Program; and

(ii) monitor compliance with relevant laws and regulations to ensure that 
Program activities do not interfere with national defense, homeland 
security, or law enforcement operations and missions.

                    (c) The heads of executive departments and agencies 
                with relevant law enforcement responsibilities (Federal 
                law enforcement agencies), including the Attorney 
                General and the Secretary of Homeland Security, shall 
                develop and implement best practices to enforce the 
                laws and regulations governing UAS operations conducted 
                under the Program.
                    (d) In carrying out the responsibilities set forth 
                in subsection (c) of this section, the heads of Federal 
                law enforcement agencies shall coordinate with the 
                Secretaries of Defense and Transportation, as well as 
                with the relevant State, local, or tribal law 
                enforcement agencies.
                    (e) In implementing the Program, the Secretary 
                shall coordinate with the Secretaries of Defense and 
                Homeland Security and the Attorney General to test 
                counter-UAS capabilities, as well as platform and 
                system-wide cybersecurity, to the extent appropriate 
                and consistent with law.

                Sec. 5. Evaluation and Termination of UAS Integration 
                Pilot Program. (a) The Program shall terminate 3 years 
                from the date of this memorandum, unless extended by 
                the Secretary.

                    (b) Before and after the termination of the 
                Program, the Secretary shall use the information and 
                experience yielded by the Program to inform the 
                development of regulations, initiatives, and plans to 
                enable safer and more complex UAS operations, and 
                shall, as appropriate, share information with the 
                Secretaries of Defense and Homeland Security, the 
                Attorney General, and the heads of other executive 
                departments and agencies.
                    (c) After the date of this memorandum and until the 
                Program is terminated, the Secretary, in consultation 
                with the Secretaries of Defense and Homeland Security 
                and the Attorney General, shall submit an annual report 
                to the President setting forth the Secretary's interim 
                findings and conclusions concerning the Program. Not 
                later than 90 days after the Program is terminated, the 
                Secretary shall submit a final report to the President 
                setting forth the Secretary's findings and conclusions 
                concerning the Program.

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                Sec. 6. Definitions. As used in this memorandum, the 
                next stated terms, in singular and plural, are defined 
                as follows:

                    (a) The term ``unmanned aircraft system'' has the 
                meaning given that term in section 331 of the FMRA.
                    (b) The term ``public unmanned aircraft system'' 
                has the meaning given that term in section 331 of the 
                FMRA.
                    (c) The term ``civil unmanned aircraft system'' 
                means an unmanned aircraft system that meets the 
                qualifications and conditions required for operation of 
                a civil aircraft, as defined in 49 U.S.C. 40102.

                Sec. 7. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof;

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals; or

(iii) the conduct of public aircraft operations, as defined in 49 U.S.C. 
40102(a)(41) and 40125, by executive departments and agencies, consistent 
with applicable Federal law.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.
                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                    (d) The Secretary is authorized and directed to 
                publish this memorandum in the Federal Register.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, October 25, 2017

[FR Doc. 2017-23746
Filed 10-27-17; 11:15 am]
Billing code 4910-9X-P