Unmanned Aircraft Systems (UASs)

Unmanned Aircraft Systems (UASs):

Unmanned Aircraft Systems (UASs), also known as Unmanned Aerial Vehicles (UAVs), Remotely Piloted Aircraft Systems (RPAS), or drones, are commonly used in research, media and marketing. However, before you purchase or use them on the UTC campus, it is essential to understand key federal, state and UT policies governing UAS use on campus.

EFFECTIVE DECEMBER 22, 2025: The American Security Drone Act restricts the purchase and use of certain non-U.S. manufactured UASs, including those produced by DJI, Autel Robotics and others. The restrictions apply to both new UAS units and those already acquired by UTC Departments. See “Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities" below for additional information, including lists of prohibited and approved manufacturers.
 

UTC’s UAS Policy:

Purchasing a UAS: Before purchasing a UAS, you must contact[MC1.1] ORI’s Export Control Officer ([email protected]) for an export control review of the item. The American Security Drone Act imposes restrictions on certain non-U.S. manufactured UASs and Tennessee law prohibits UTC from purchasing UASs that are restricted under the National Defense Authorization Act (NDAA). This review will ensure that your purchase adheres to these regulations.
Receiving a UAS: Within three business days of receipt of your new UAS, you are required to notify the UT Office of Risk Management to ensure your UAS is covered by the State of Tennessee’s insurance coverage. More information about the Office of Risk Management can be found here: https://tennessee.edu/about/divisions/finance-admin/treasurer/risk-management/

Operating a UAS: If you plan to use a UAS over UTC airspace or while on UTC property, you must obtain prior approval from UTC’s UAS Coordinator in the Department of Public Safety. For more information, please contact the Department of Public Safety at https://www.utc.edu/finance-and-administration/department-of-public-safety/staff
[MC3.1]

Export Control: When flying/ using UASs, you must comply with export control regulations, which can affect the use and transfer of UASs and related technology. These regulations are based on UAS’s capabilities and are primarily governed by the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Compliance requires verifying the UAS's classification, understanding restrictions on foreign national access, and obtaining necessary licenses before international travel or use, with penalties for non-compliance including fines and reputational damage. 

A "deemed export" can occur when a foreign national is provided with access to controlled UAS technology or software within the U.S., even if the UAS itself is not physically exported. If you plan to send or hand carry a UAS outside the U.S., U.S. export controls restrictions may apply. Prior to any of these activities, UTC’s Office of Research Integrity (ORI) must conduct an export analysis.

No Longer Using a UAS: If you are no longer using a UAS, you must notify ORI’s Export Control Officer ([email protected]) of the disposition of the UAS.
 

Regulations and Policies:

FI0137 Unmanned Aircraft Systems (“Drones”) Policy 

https://policy.tennessee.edu/policy/fi0137-unmanned-aircraft-systems-drones/

Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities 

https://www.acquisition.gov/far/52.240-1 is a federal regulation that prohibits purchasing or operating UASs from certain foreign companies. This prohibition is set to become fully effective on December 22, 2025, and applies to all federally funded contracts. If you are using a UAS for a federally sponsored award, you must use an approved UAS.

Key points of the prohibition:

• Purpose: The act is intended to enhance national security and mitigate cybersecurity risks associated with using UASs from certain foreign nations.
• What is prohibited: The delivery, procurement, or operation of UASs manufactured or assembled by companies on the "American Security Drone Act-covered foreign entities" (ASDA-covered entities) list.

A list of prohibited entities is maintained by the U.S. government and can be found on the  SAM.gov website: https://sam.gov/announcements/american-security-drone-act-covered-foreign-entity-list. Search for the company in question. If it is marked as “Excluded,” then it is considered a prohibited company and use of their technologies and/or services is prohibited.

The Federal Acquisition Security Council (FASC) maintains a list of "covered foreign entities" for federal contracts, which includes companies like DJI and Autel Robotics. Separately, the Department of Defense (DoD) has its own list of banned entities under Section 889: https://www.acquisition.gov/Section-889-Policies, and the U.S. Federal Communications Commission (FCC) has recently taken steps to ban DJI drones from import. 

• Who it affects: Federal contractors performing on contracts that involve federal funds and UASs.
• What to do:  After the effective date, you must use UASs from a list of approved manufacturers, such as the Blue UAS Cleared List[MA5.1], which is a DOD approved list and can be found here: https://www.diu.mil/blue-uas-cleared-list
• Screen foreign nationals: Work with your export control office to screen foreign nationals who may have access to controlled UASs.
• Exemptions: The rule includes some exemptions and exceptions for specific situations. Contact UTC Export Control Officer ([email protected]) to see if your activities may qualify.
   

Tennessee Code Annotated, Title 4, Chapter 46, Part 1

https://law.justia.com/codes/tennessee/title-4/chapter-56/section-4-56-112/

U.S. Federal Aviation Administration (FAA)

The U.S. Federal Aviation Administration (FAA) considers the use of UASs in university-related research to be “commercial use” and, therefore, regulated by the FAA. In 2016, the FAA issued the Small UAS Rule (Part 107), available here https://www.faa.gov/newsroom/small-unmanned-aircraft-systems-uas-regulations-part-107 . This rule permits commercial operation of small UASs (< 55 lbs.) if operators abide by the rule’s required safety restrictions. These restrictions include, but are not limited to:

1.  A maximum air speed of 100 mph and a maximum altitude of 400 feet above ground level.
2. The UAS must remain within the operator’s visual line of sight; the UAS cannot be flown directly over people; and flights are limited to daytime or civil twilight operations only.
3. UASs can be flown in unrestricted (Class G) airspace without prior approval; however, additional approvals are required for flights within restricted airspace.
4. UAS’s operators must obtain a Remote Airman Certificate before operating the UAS.

More information about Part 107’s safety restrictions as well as information about how to obtain a Remote Airman Certificate is available here: https://www.faa.gov/uas/commercial_operators/become_a_drone_pilot. If you plan to use a UAS outside of the Part 107 restrictions, the FAA has included a waiver process. The operator must submit an application to the FAA requesting authorization to deviate from certain waivable restrictions. The FAA will then review the waiver request on a case-by-case basis. 

FAA Registration Requirement

Apart from the FAA’s Small UAS Rule (Part 107), the FAA requires that all UASs > 55 lb. be registered with the FAA. Most UASs can be registered online. For more information on registering for a UAS, please visit: https://www.faa.gov/uas/getting_started/register_drone

Local Laws

If you plan to use a UAS outside the U.S., additional regulations may apply. Other countries regulate the use of UASs in their airspace. Before you fly your UAS outside the U.S., you should be aware of and must comply with local laws. 

Potential consequences of non-compliance:

• Contract termination.
• Disallowance of costs.
• Severe financial penalties (up to $1.2 million per violation)
• Criminal penalties (Up to $1 million- and 20-years imprisonment).
• Debarment from future exports.
• Seizure of goods.
• Significant reputational damage.

For advice, and resources, please contact UTC Export Control Officer at [email protected]

• If you are interested in purchasing/ using UASs.
• If you are registering for a UAS that will be used at UTC.
• If you plan to export a UAS outside the U.S..
• If you have questions about the FAA’s Small UAS Rule (Part 107).
• If you will be using a UAS > 55 lbs or otherwise outside the scope of FAA’s Part 107.
• If you are interested in applying for a waiver from the FAA.