[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3969 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3969
To provide for a rulemaking on operation of unmanned aircraft beyond
visual line of sight, and for other purposes.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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.
SEC. 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.''.
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