HR-3969 : Still Just a Bill

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.

Specifically, the FAA must

• establish a means to accept certain proposed standards (e.g., airworthiness standards for unmanned aircraft),
• enable the ability to operate unmanned aircraft for agricultural purposes,
• establish a process by which the FAA may approve or accept third-party compliance services,
• establish protocols for a networked information exchange, and
• establish qualifications and standards for remote pilots operating an unmanned aircraft system (UAS).

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. 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.

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.