Senate Commerce OKs FAA Reauthorization Through 2021; Drone Industry Lauds Bill
The Senate Commerce Committee unanimously advanced legislation reauthorizing the FAA through 2021, adopting 56 amendments en bloc without discussion, including several on drones and one requiring that passengers be barred from talking on their cellphones during flights. “Our committee has acted to continue advancing unmanned aircraft systems and other aviation innovations while offering airline passengers new protections,” said a statement from Chairman John Thune, R-S.D., whose substitute amendment was approved during the Thursday markup.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
The panel also unanimously approved a substitute amendment from Sen. Dan Sullivan, R-Alaska, that would require the GAO to study and submit a report to both the House and Senate Commerce committees on filing requirements for carriers participating in the Universal Service Fund (USF). S-875, which Sullivan introduced in April (see 1705110060), would require analysis of the financial impact of those filing requirements and recommendations on how to consolidate redundant requirements. FCC Commissioner Michael O'Rielly said in a statement that "duplicative or unnecessary FCC filing requirements drain resources from broadband deployment, and this review could also be a good platform to stomp out useless and redundant [Universal Service Administrative Co.] internal procedures, which harm applicants and eventual recipients." The study may spur the commission to put the USF administration contract out for bid, he added.
Senators said they expect some more work on S-1405 before it hits the Senate floor, but those issues are unrelated to drones. The Senate version wouldn't create an unmanned traffic management (UTM) system, which was part of the House Transportation Committee version passed Tuesday. Small UAV Coalition Executive Director Michael Drobac said his group is pleased with both the House and Senate versions. He said it "included needed reforms of the FAA’s waiver processes, requires the FAA and [Department of Transportation] each to establish a process to allow for delivery as well as a case-by-case permit process for delivery before the FAA completes its certification process." The coalition favors implementation of a UTM system, but he said his group will work with the Senate committee "on crafting a suitable UTM implementation provision for floor consideration."
Association for Unmanned Vehicle Systems International President Brian Wynne said in a statement the Senate legislation, like the House version, will help develop the commercial drone industry. It would "help lay the foundation for more complex operations, such as mandating a coordinated effort between the FAA, FCC, and NTIA to report on spectrum needs" for small drones, he said. He said the bill will help move drone usage to include beyond-line-of-sight operations, flights over people, flights to higher altitudes and package delivery.
One approved amendment proposed by Sen. Dean Heller, R-Nev., would give the FAA administrator power to grant waivers for delivery operations until the agency completes a rulemaking for air carrier certification. Another approved amendment that Heller proposed with Sen. Catherine Cortez Masto, D-Nev., would extend use of drone test sites like one in Nevada through 2024 and encourage the FAA to issue guidance on waivers so drones can be used during disasters and other emergencies. Another Cortez Masto amendment approved would provide $1 million from FY 2018-2021 for the Know Before You Fly campaign to educate the public about drones.
Sens. Maggie Hassan, D-N.H., and Jim Inhofe, R-Okla., had an amendment approved that would require the FAA to provide guidance to state and local governments on how they can respond better to security threats from drones and how they can use the technology to improve law enforcement. A couple of amendments from other senators encouraged use of drones in colleges and universities for educational and training purposes.
An amendment by Sen. Ed Markey, D-Mass., would require the secretary of transportation to issue regulations that would prevent passengers from using their cellphones to talk during a flight but would exempt flight crews and attendants and federal law enforcement officers on duty. On Wednesday, Markey, who introduced legislation (see 1706280066) with Sen. Lamar Alexander, R-Tenn., to do that, said in a news release that passengers shouldn't suffer through others' phone conversations "and flight crews should not be disrupted while performing their important safety and security duties."
Sen. Cory Gardner, R-Colo., had an amendment approved that would provide a "sense of Congress" that the Spectrum Efficient National Surveillance Radar program should continue "to assess the feasibility of consolidating certain long-range, short-range, and weather radar systems" to make the 1300-1350 MHz band available for nonfederal use.