To provide for a rulemaking on operation of unmanned aircraft beyond visual line of sight, and for other purposes.

Bill: 118-hr-3969
Sponsor: full_name: Rep. Graves, Garret [R-LA-6]
Introduced: 2023-06-09
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Agricultural practices and innovations

Aviation and airports

Department of Transportation

Transportation safety and security
Latest action: action_date: 2023-06-12
text: Referred to the Subcommittee on Aviation.

Summaries:
action_date: 2023-06-09
action_desc: Introduced in House
text: <p>This bill requires the Federal Aviation Administration (FAA) to issue rules to update the airworthiness and operating requirements for unmanned aircraft, also known as drones, operating beyond visual line of sight (BVLOS) and intended to operate primarily at or below 400 feet above ground level.</p><p>Specifically, the FAA must</p><ul><li>establish a means to accept certain proposed standards (e.g., airworthiness standards for unmanned aircraft),</li><li>enable the ability to operate unmanned aircraft for agricultural purposes,</li><li>establish a process by which the FAA may approve or accept third-party compliance services,</li><li>establish protocols for a networked information exchange, and</li><li>establish qualifications and standards for remote pilots operating an unmanned aircraft system (UAS).</li></ul><p>The bill also transfers to the FAA from the Department of Transportation special authority to use a risk-based approach to determine how UAS may operate safely in the national airspace system.&nbsp;The FAA must use this process to authorize BVLOS UAS operations until it publishes the final rules required under this bill. The FAA must also establish requirements, or a process to accept proposed requirements, for the safe operation of UAS, including for the testing and evaluation of proprietary systems.</p><p>Further, a UAS operation conducted exclusively within Mode C veil airspace (the airspace within 30 nautical miles of certain airports, from the surface upward to 10,000 feet mean sea level) and that employs specific mitigation measures must be treated as satisfying certain safe operation requirements.</p><!--tinycomments|2.1|data:application/json;base64,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-->

tv_txt: I 118th CONGRESS 1st Session H. R. 3969 IN THE HOUSE OF REPRESENTATIVES June 9, 2023 Mr. Graves of Louisiana (for himself and Ms. Titus ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for a rulemaking on operation of unmanned aircraft beyond visual line of sight, and for other purposes.

1. Beyond visual line of sight rulemaking (a) In general Not later than 4 months after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a notice of proposed rulemaking establishing airworthiness and operational regulations for unmanned aircraft operated beyond visual line of sight that are intended to operate primarily at or below 400 feet above ground level and the associated elements of such aircraft. (b) Contents In carrying out subsection (a), the Administrator shall— (1) establish a means to accept proposed— (A) airworthiness standards for unmanned aircraft; (B) standards for associated elements of unmanned aircraft; and (C) qualification standards for remote pilots operating unmanned aircraft; (2) enable the ability for unmanned aircraft to be operated for agricultural purposes; (3) establish a process by which the Administrator may approve or accept third-party compliance services in support of the safe integration of unmanned aircraft systems into the national airspace system; and (4) establish protocols, as appropriate, for networked information exchange, including network-based remote identification in support of beyond visual line of sight operations. (c) Unmanned aircraft airworthiness standards In carrying out subsection (b)(1)(A), the Administrator shall— (1) define the operational environments of which an airworthiness certification is needed to ensure aviation safety; (2) establish an airworthiness category or categories for unmanned aircraft to be eligible for a special airworthiness certificate; and (3) establish a process to approve standards, means of compliance, and declarations of compliance. (d) Unmanned aircraft associated elements standards (1) In general In carrying out subsection (b)(1)(B), the Administrator shall establish a process to accept or approve the associated elements of an unmanned aircraft that, when considered collectively with other associated elements and an unmanned aircraft, meet an acceptable performance-based safety standard. (2) Considerations In establishing the process under paragraph (1), the Administrator shall consider the ways associated elements of an unmanned aircraft system interact with other associated elements and unmanned aircraft. (e) Remote pilot qualifications (1) In general In carrying out subsection (b)(1)(C), the Administrator shall establish qualifications and standards, or a means to accept proposed qualifications and standards, for remote pilots operating unmanned aircraft systems. (2) Considerations In carrying out subsection (e)(1), the Administrator shall account for the varying levels of automation of unmanned aircraft systems. (3) Rule of construction Nothing in this subsection may be construed to allow for the establishment of type-ratings that apply specifically and exclusively to an aircraft manufactured by 1 manufacturer. (f) Interim approvals Before the date on which the Administrator issues a final rule under this section, the Administrator shall use the process described in section 44807 of title 49, United States Code, to authorize unmanned aircraft system operations conducted beyond visual line of sight. (g) Final rule Not later than 16 months after the date of enactment of this Act, the Administrator shall issue a final rule establishing the regulations required under this section. (h) Definitions In this section: (1) Associated elements The term associated elements means any component of an unmanned aircraft system, not permanently affixed to the unmanned aircraft, required for the remote pilot to operate such aircraft safely and efficiently in the national airspace system. (2) Beyond visual line of sight The term beyond visual line of sight means a distance at which the remote pilot in command of an unmanned aircraft system cannot see the unmanned aircraft with vision unaided by any device other than corrective lenses. (3) Unmanned aircraft; unmanned aircraft system The terms unmanned aircraft and unmanned aircraft system have the meaning given such terms in section 44801 of title 49, United States Code. 2. Special authority for unmanned aircraft systems Section 44807 of title 49, United States Code, is amended— (1) in subsection (a)— (A) by inserting or chapter 447 after this chapter ; (B) by striking the Secretary of Transportation and inserting the Administrator of the Federal Aviation Administration ; and (C) by striking if certain and inserting how ; (2) in subsection (b)— (A) by striking the Secretary and inserting the Administrator ; and (B) in paragraph (1)— (i) by striking which types of unmanned aircraft systems, if any, as a result of their size and inserting how the unmanned aircraft, as a result of such aircraft’s size ; and (ii) by striking do not create and inserting does not create ; (3) in subsection (c) to read as follows: (c) Requirements for safe operation (1) In general For unmanned aircraft systems that the Administrator determines under this section may operate safely in the national airspace system, the Administrator shall establish requirements, or a process to accept proposed requirements, for the safe operation of such aircraft systems in the national airspace system, including operation related to testing and evaluation of proprietary systems. (2) Treatment of mitigation measures To the extent that a proposed operation will be conducted exclusively within the airspace of a Mode C Veil during the entirety of the operation, such operation shall be treated as satisfying the requirements of section 91.113(b) of title 14, Code of Federal Regulations, so long as the operation employs— (A) ADS–B In-based detect and avoid capabilities; (B) air traffic control communication and coordination; and (C) aeronautical information management systems to notify other aircraft operators of such operations. (3) Rule of construction Nothing in this subsection shall be construed to give an unmanned aircraft operating pursuant to this section the right of way over a manned aircraft. ; (4) in subsection (d) by striking 2023 and inserting 2033 ; and (5) by adding at the end the following: (e) Limitation In making determinations under this section, the Administrator may not consider unmanned aircraft systems to the extent that such systems may meet the requirements of established regulations applicable to the proposed operation of a system. .