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FAA Reauthorization Clears the House of Representatives: Package Calls for More Progress on BVLOS Flight, Drone Integration

Miriam McNabb
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Photo: @MRobbinsAUVSI (Twitter)

The U.S. House of Representatives Transportation and Infrastructure Committee passed the FAA Reauthorization Package, Securing Growth and Robust Leadership in American Aviation Act (H.R. 3935), by a vote of 63 – 0 today.  The Act calls for the FAA to commit to timelines for a BVLOS rulemaking, UTM, and drone integration.

The legislation would provide funding for the FAA for the next five years: the current authorization expires in September of 2023.  The package addresses all aspects of the FAA’s purview, and Title VI – Aerospace Innovation, Sections 601 – 687, addresses  Unmanned Aircraft Systems and Advanced Air Mobility.

Timeline for BVLOS Rulemaking

One notable aspect of the Act concerns a rulemaking on drone operations Beyond Visual Line of Sight (BVLOS.). While the BVLOS Aviation Rulemaking Committee released their recommendations in March of 2022, no Notice of Proposed Rulemaking (NPRM) has followed.  The Act would require the FAA to move forward with the rulemaking process according to a specific timeline:

(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 systems operated beyond visual line of sight that are intended to operate primarily at or below 400 feet above ground level.

….(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 sec- tion 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.

While this could mean that a BVLOS NPRM would be issued early next year, the timeline is dependent upon agreement between House and Senate, and the timely passage of a comprehensive package.  The current Reauthorization package, passed in 2018, followed several years of interim extensions.

Support from the Drone Industry

On behalf of the Association for Uncrewed Vehicle Systems International (AUVSI), Chief Advocacy Officer Michael Robbins issued the following statement in support of the bill:

“The world is entering an exciting new era of aviation, but for the benefits of advanced aviation, drones and Advanced Air Mobility (AAM) to be realized, U.S. companies need more support and regulatory clarity.

This legislation is a meaningful step forward in safely integrating drones and AAM into the airspace and increasing U.S. global competitiveness by supporting domestic workforce growth and technology innovation and manufacturing.

AUVSI commends Chairman Sam Graves, Ranking Member Rick Larsen, Aviation Subcommittee Chair Garret Graves, and Subcommittee Ranking Member Steve Cohen for their bipartisan leadership. We call on the full House of Representatives to swiftly pass this bill to enhance safety for all users of the national airspace system.”

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