H.R. 3969 – Reading Mode

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.

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.

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.