S 1939 Introduced
FAA Reauthorization
Earlier this month, Sen Cantwell (D,WA) introduced S 1939, the FAA Reauthorization Act of 2023. In addition to the periodic reauthorization of various FAA programs, the bill includes aircraft cybersecurity provisions and unmanned aircraft system (UAS) requirements of concern here. UAS provisions include:
Beyond visual line of sight flight rules,
Prevention of tracking or interfering with unmanned aircraft,
Extend DOJ and DHS counter UAS authority, and
Allow UAS to transport hazardous materials.
Cybersecurity
Section 331 requires to GAO to prepare a report on the “the consideration, identification, and inclusion of aircraft cybersecurity into the strategic framework for aviation security as part of the FAA’s cybersecurity strategy.” The review would include:
How onboard aircraft cybersecurity risks and vulnerabilities are defined and accounted for in the strategy aviation security framework, particularly in pillar 2 of that framework to “protect and defend FAA networks and systems to mitigate risks to FAA missions and service delivery”,
How onboard aircraft cybersecurity, particularly of the aircraft avionics, is considered, incorporated, and prioritized in the cybersecurity strategy pursuant to section 509 of the FAA Reauthorization Act of 2018 (49 U.S.C. 44903 note),
How roles and responsibilities for aircraft and ground systems cybersecurity are differentiated and enforced between the Transportation Security Agency and the FAA,
How aircraft and ground systems cybersecurity vulnerabilities are being identified and prioritized for mitigation, particularly considering the commercial technology ecosystem, and
The budgets of the parties responsible for implementing the strategy framework for aviation security, as identified in subsection (a), to satisfy those mitigation requirements necessary to secure the aviation ecosystem from onboard cybersecurity vulnerabilities.
Section 332 would amend Section 506(a) of the FAA Reauthorization Act of 2018 (42 USC 44704 note) by adding a new paragraph (3):
“(3) to require that software-based systems and equipment, including aircraft flight critical systems, be verified to ensure the software-based systems and equipment have not been compromised by unauthorized external and internal access.”.
UAS Provisions of Interest
Section 803 would amend 49 USC Chapter 448 by adding a new § 44811, Beyond visual line of sight operations for unmanned aircraft systems. The new section would require the FAA to publish a notice of proposed rulemaking “establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as ‘BVLOS’) operations.” The rulemaking would, as a minimum:
Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks,
Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights,
Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance,
Establish a special airworthiness certificate to be issued upon a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance,
Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described above,
Section 811 would amend 49 USC Chapter 448 by adding a new § 44813 Unmanned aircraft system detection and mitigation enforcement. The new section would prohibit anyone (other than certain government agencies and employees) from operating “a system or technology to detect, identify, monitor, track, or mitigate an unmanned aircraft or unmanned aircraft system in a manner that adversely impacts or interferes with safe airport operations, navigation, or air traffic services, or the safe and efficient operation of the national airspace system.” The term “adversely impacts or interferes with’ is not defined. Violators would be subject to a civil penalty of not more than $25,000 per violation. This prohibition would terminate on September 30, 2028.
Section 814 indirectly amends 6 USC 124n(i) extending the authority for DOJ and DHS to protect of certain facilities and assets from unmanned aircraft. The section changes the termination date from September 30th, 2023, to September 30, 2026.
Section 816 directs DOT to establish operational requirements “to approve or authorize the safe transportation of hazardous materials by unmanned aircraft systems providing common carriage” under 14 CFR Part 135. In developing the requirements, standards or special permits, DOT will consider:
The safety of the public and users of the national airspace system,
Efficiencies of allowing the safe transportation of hazardous materials by unmanned aircraft systems, and
The risk profile of the transportation of hazardous materials by unmanned aircraft systems, taking into consideration the likelihood, if any, that such operations will carry small quantities of hazardous materials.
Once the new processes are established, DOT is then required to modify the hazardous materials regulations under 49 CFR Parts 173 and 175 to support the transportation of hazardous materials via UAS.
Moving Forward
Cantwell is the Chair of the Senate Commerce, Science, and Transportation Committee. This means that she certainly has the influence to see this bill considered in Committee. Given that Sen Cruz (R,TX), the Ranking Member of the Committee is a cosponsor of the bill, there should be bipartisan support for this bill. We will have to see if the amendment process in Committee changes that support. This is one of the ‘must pass’ bills that the Senate deals with every year.
Typically, we would expect the House to pass their FAA reauthorization bill (HR 3935). Then the Senate would take up the bill and the first amendment (offered by Cantwell) would be to offer the language from this bill as substitute language. Then the amendment process would start. Once the amended House bill is passed, the bill would normally go to a conference committee to work out the differences between the two versions of the bill. With the current leadership upheaval in the House, it will be interesting to see if the ‘standard process’ is followed this year.