HR 3935 Introduced
FAA Reauthorization
Last week, Rep Graves (R,MO) introduced HR 3935, Securing Growth and Robust Leadership in American Aviation Act. This is the latest FAA reauthorization act. The bill includes two unmanned aircraft system (UAS) provisions of interest here; an expansion of the critical infrastructure designation requirements and a rulemaking requirement for carriage of hazardous materials by UAS.
CI Designation
Section 608 of the bill would amend §2209 (130 STAT. 634) of the FAA Extension, Safety, and Security Act of 2016 (PL 114–190). That section required the FAA to “establish a process to allow applicants to petition the Administrator of the Federal Aviation Administration to prohibit or restrict the operation of an unmanned aircraft in close proximity to a fixed site facility.” The amendments expand the list of facilities which would be able to request the designation while removing the FAA’s authority to further expand the list.
Section 608(1) amends §2209(b)(1)(C) by striking the phrase “Other locations that warrant such restrictions”. It then adds “State correctional facilities” and “Eligible outdoor gatherings.” Section 608(2) then provides a definition of the term “Eligible outdoor gatherings”. This definition is added in a new subsection (f), but that should be subsection (e) as the last subsection in §2209 is (d).
A new subsection (f) requires FAA to publish a notice of proposed rulemaking implementing §2209 by March 1st, 2024 followed by a final rule within 16 months of the NPRM’s publication. There is no attempt made in §608 to revise the current rulemaking deadline that already exists in §2209 for establishing the process within 180 days of the PL 114-190’s enactment (July 15th, 2016).
HAZMAT Transportation by UAS
Section 617(a) establishes requirements for the FAA and PHMSA (within 180 days of enactment) to revise processes in effect on the date of enactment of this Act for the carriage of hazardous materials by unmanned aircraft systems. These would apply to unmanned aircraft operations in which the aircraft weighs less than 100 pounds; and is capable of carrying less than 10 pounds gross weight of limited quantity cargo. For the FAA those processes would include special conditions, waivers, or other requirements necessary to enable the carriage of hazardous materials in the existing regulatory and operator certification processes. For PHMSA those processes would apply to the existing special permitting process or other existing processes carried out by PHMSA.
Section 617(b) requires DOT (within one year of enactment) to revise requirements, guidance, standards, or other policy materials governing the carriage of hazardous materials to allow for the carriage of a de minimis amount of hazardous materials by an unmanned aircraft.
Section 617(d) exempts actions taken by the FAA under this section from the “transportation, packaging, marking, or description of hazardous materials” requirements of 49 USC 106(g)(1). That paragraph requires the FAA Administrator to carry out the duties “and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material)”. Most hazardous materials responsibilities reside with PHMSA.
Moving Forward
The House Transportation and Infrastructure Committee is meeting today to mark-up this bill. This is one of the ‘must pass’ bills that will be taken up by the full House under a rule. Once the Committee publishes their report on the bill, it will be cleared for consideration. It will probably not make it to the floor before the summer recess.