The U.S. House of Representatives passes, 351 to 69, “Ensuring Growth and Firm Leadership in U.S. Aviation Law.”
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US House of Representatives passed Five-year FAA reauthorization bill. HR 3935“Ensuring Growth and Firm Leadership in American Aviation Law” was passed by a bipartisan vote of 351 to 69.
The bill passed the House Transportation and Infrastructure Committee in June. Several controversial aspects of the proposal were dropped before the final vote, including expanding flights to Washington, D.C.’s Ronald Reagan International Airport.
The bill is set to pass the Senate soon. The Senate is considering its own bill. circa 1939.
The current FAA reauthorization expires on September 30. By that date, Congress must either pass a 2023 reauthorization or pass an extension of an existing bill for the FAA to continue operating.
The FAA’s reauthorization includes many details on modernizing airports and infrastructure, addressing pilot and ATC shortages, cybersecurity, pilot training, drone integration, and more. Historically, getting through FAA reauthorization has been difficult. Prior to the FAA Reauthorization Act of 2018, the FAA operated under a series of extensions. The 2018 law was passed for the first time since 2012. It was the first reauthorization in five years since 1982.
FAA Reauthorization and the Drone Industry
Timely passage of the FAA reauthorization bill is critical for the drone industry to move forward. Both the House and Senate versions of the bill include provisions related to the commercial drone and AAM industries. In the near future, the FAA recertification package may drive rulemaking for BVLOS flights, following specific timelines and referencing BVLOS ARC recommendations released in March 2022.
From HR 3935:
Within four months of the date of enactment of this act, the Federal Aviation Administration administrator shall issue a notice of proposed rulemaking establishing performance-based airworthiness standards and risk-based operating regulations for BVLOS unmanned aerial systems intended primarily to operate at 400 feet or less above the ground.
In addition to directly addressing BVLOS rulemaking, the package defines agency mandates including UAS flights over the Arctic, drone transport of hazardous materials, Know Before You Fly education campaign funding, integration, remote ID, tethered drones for public safety, human resource development, and more. For example, the House package directs the FAA to hire more personnel for the UAS Consolidation Office and implement the UAS Consolidation Strategy.
The FAA still has no permanent leader as the FAA’s reauthorization passes through Congress. The FAA Director is appointed by the President with approval of the Senate. Since President Trump-appointed FAA Administrator Steve Dixon stepped down in March 2022 midway through his five-year term, the agency was initially led by Acting FAA Administrator Billy Nollen and is now led by Acting FAA Administrator Polly Trottenberg. Denver Airport CEO Phil Washington, who was President Biden’s first nominee to head the FAA, withdrew from the process after being questioned about his depth of experience. According to reports, President Biden will nominate former FAA Deputy Undersecretary Mike Whittaker next.
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Miriam McNabb, editor-in-chief of DRONELIFE and CEO of professional drone services marketplace JobForDrones, is a keen observer of the emerging drone industry and drone regulatory environment. Miriam is an international speaker and industry recognized figure, with over 3,000 articles focused on the commercial drone space. Miriam has a degree from the University of Chicago and he has over 20 years of experience in high tech sales and marketing new technologies.
For drone industry consulting or writing, email Miriam.
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