[Congressional Record Volume 158, Number 16 (Wednesday, February 1, 2012)]
[House]
[Pages H230-H304]
CONFERENCE REPORT ON H.R. 658, FAA REAUTHORIZATION AND REFORM ACT OF
2012
Mr. Mica submitted the following conference report and statement on
the bill (H.R. 658) to amend title 49, United States Code, to authorize
appropriations for the Federal Aviation Administration for fiscal years
2011 through 2014, to streamline programs, create efficiencies, reduce
waste, and improve aviation safety and capacity, to provide stable
funding for the national aviation system, and for other purposes:
Conference Report (H. Rept. 112-381)
[...]
Subtitle B--Unmanned Aircraft Systems
SEC. 331. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Arctic.--The term ``Arctic'' means the United States
zone of the Chukchi Sea, Beaufort Sea, and Bering Sea north
of the Aleutian chain.
(2) Certificate of waiver; certificate of authorization.--
The terms ``certificate of waiver'' and ``certificate of
authorization'' mean a Federal Aviation Administration grant
of approval for a specific flight operation.
(3) Permanent areas.--The term ``permanent areas'' means
areas on land or water that provide for launch, recovery, and
operation of small unmanned aircraft.
(4) Public unmanned aircraft system.--The term ``public
unmanned aircraft system'' means an unmanned aircraft system
that meets the qualifications and conditions required for
operation of a public aircraft (as defined in section 40102
of title 49, United States Code).
(5) Sense and avoid capability.--The term ``sense and avoid
capability'' means the capability of an unmanned aircraft to
remain a safe distance from and to avoid collisions with
other airborne aircraft.
(6) Small unmanned aircraft.--The term ``small unmanned
aircraft'' means an unmanned aircraft weighing less than 55
pounds.
(7) Test range.--The term ``test range'' means a defined
geographic area where research and development are conducted.
(8) Unmanned aircraft.--The term ``unmanned aircraft''
means an aircraft that is operated without the possibility of
direct human intervention from within or on the aircraft.
(9) Unmanned aircraft system.--The term ``unmanned aircraft
system'' means an unmanned aircraft and associated elements
(including communication links and the components that
control the unmanned aircraft) that are required for the
pilot in command to operate safely and efficiently in the
national airspace system.
SEC. 332. INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO
NATIONAL AIRSPACE SYSTEM.
(a) Required Planning for Integration.--
(1) Comprehensive plan.--Not later than 270 days after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with representatives of the
aviation industry, Federal agencies that employ unmanned
aircraft systems technology in the national airspace system,
and the unmanned aircraft systems industry, shall develop a
comprehensive plan to safely accelerate the integration of
civil unmanned aircraft systems into the national airspace
system.
(2) Contents of plan.--The plan required under paragraph
(1) shall contain, at a minimum, recommendations or
projections on--
(A) the rulemaking to be conducted under subsection (b),
with specific recommendations on how the rulemaking will--
(i) define the acceptable standards for operation and
certification of civil unmanned aircraft systems;
(ii) ensure that any civil unmanned aircraft system
includes a sense and avoid capability; and
(iii) establish standards and requirements for the operator
and pilot of a civil unmanned aircraft system, including
standards and requirements for registration and licensing;
(B) the best methods to enhance the technologies and
subsystems necessary to achieve the safe and routine
operation of civil unmanned aircraft systems in the national
airspace system;
(C) a phased-in approach to the integration of civil
unmanned aircraft systems into the national airspace system;
(D) a timeline for the phased-in approach described under
subparagraph (C);
(E) creation of a safe
(F) airspace designation for cooperative manned and
unmanned flight operations in the national airspace system;
(G) establishment of a process to develop certification,
flight standards, and air traffic requirements for civil
unmanned aircraft systems at test ranges where such systems
are subject to testing;
(H) the best methods to ensure the safe operation of civil
unmanned aircraft systems and public unmanned aircraft
systems simultaneously in the national airspace system; and
(I) incorporation of the plan into the annual NextGen
Implementation Plan document (or any successor document) of
the Federal Aviation Administration.
(3) Deadline.--The plan required under paragraph (1) shall
provide for the safe integration of civil unmanned aircraft
systems into the national airspace system as soon as
practicable, but not later than September 30, 2015.
(4) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to
Congress a copy of the plan required under paragraph (1).
(5) Roadmap.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall approve and make
available in print and on the Administration's Internet Web
site a 5-year roadmap for the introduction of civil unmanned
aircraft systems into the national airspace system, as
coordinated by the Unmanned Aircraft Program Office of the
Administration. The Secretary shall update the roadmap
annually.
(b) Rulemaking.--Not later than 18 months after the date on
which the plan required under subsection (a)(1) is submitted
to Congress under subsection (a)(4), the Secretary shall
publish in the Federal Register--
(1) a final rule on small unmanned aircraft systems that
will allow for civil operation of such systems in the
national airspace system, to the extent the systems do not
meet the requirements for expedited operational authorization
under section 333 of this Act;
(2) a notice of proposed rulemaking to implement the
recommendations of the plan required under subsection (a)(1),
with the final rule to be published not later than 16 months
after the date of publication of the notice; and
(3) an update to the Administration's most recent policy
statement on unmanned aircraft systems, contained in Docket
No. FAA-2006-25714.
(c) Pilot Projects.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a
program to integrate unmanned aircraft systems into the
national airspace system at 6 test ranges. The program shall
terminate 5 years after the date of enactment of this Act.
(2) Program requirements.--In establishing the program
under paragraph (1), the Administrator shall--
(A) safely designate airspace for integrated manned and
unmanned flight operations in the national airspace system;
(B) develop certification standards and air traffic
requirements for unmanned flight operations at test ranges;
(C) coordinate with and leverage the resources of the
National Aeronautics and Space Administration and the
Department of Defense;
(D) address both civil and public unmanned aircraft
systems;
(E) ensure that the program is coordinated with the Next
Generation Air Transportation System; and
(F) provide for verification of the safety of unmanned
aircraft systems and related navigation procedures before
integration into the national airspace system.
(3) Test range locations.--In determining the location of
the 6 test ranges of the program under paragraph (1), the
Administrator shall--
(A) take into consideration geographic and climatic
diversity;
(B) take into consideration the location of ground
infrastructure and research needs; and
(C) consult with the National Aeronautics and Space
Administration and the Department of Defense.
(4) Test range operation.--A project at a test range shall
be operational not later than 180 days after the date on
which the project is established.
(5) Report to congress.--
(A) In general.--Not later than 90 days after the date of
the termination of the program under paragraph (1), the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure and the Committee on
Science, Space, and Technology of the House of
Representatives a report setting forth the Administrator's
findings and conclusions concerning the projects.
(B) Additional contents.--The report under subparagraph (A)
shall include a description and assessment of the progress
being made in establishing special use airspace to fill the
immediate need of the Department of Defense--
(i) to develop detection techniques for small unmanned
aircraft systems; and
(ii) to validate the sense and avoid capability and
operation of unmanned aircraft systems.
(d) Expanding Use of Unmanned Aircraft Systems in Arctic.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a plan and
initiate a process to work with relevant Federal agencies and
national and international communities to designate permanent
areas in the Arctic where small unmanned aircraft may operate
24 hours per day for research and commercial purposes. The
plan for operations in these permanent areas shall include
the development of processes to facilitate the safe operation
of unmanned aircraft beyond line of sight. Such areas shall
enable over-water flights from the surface to at least 2,000
feet in altitude, with ingress and egress routes from
selected coastal launch sites.
(2) Agreements.--To implement the plan under paragraph (1),
the Secretary may enter into an agreement with relevant
national and international communities.
(3) Aircraft approval.--Not later than 1 year after the
entry into force of an agreement necessary to effectuate the
purposes of this subsection, the Secretary shall work with
relevant national and international communities to establish
and implement a process, or may apply an applicable process
already established, for approving the use of unmanned
aircraft in the designated permanent areas in the Arctic
without regard to whether an unmanned aircraft is used as a
public aircraft, a civil aircraft, or a model aircraft.
SEC. 333. SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT
SYSTEMS.
(a) In General.--Notwithstanding any other requirement of
this subtitle, and not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall
determine if certain unmanned aircraft systems may operate
safely in the national airspace system before completion of
the plan and rulemaking required
[[Page H248]]
by section 332 of this Act or the guidance required by
section 334 of this Act.
(b) Assessment of Unmanned Aircraft Systems.--In making the
determination under subsection (a), the Secretary shall
determine, at a minimum--
(1) which types of unmanned aircraft systems, if any, as a
result of their size, weight, speed, operational capability,
proximity to airports and populated areas, and operation
within visual line of sight do not create a hazard to users
of the national airspace system or the public or pose a
threat to national security; and
(2) whether a certificate of waiver, certificate of
authorization, or airworthiness certification under section
44704 of title 49, United States Code, is required for the
operation of unmanned aircraft systems identified under
paragraph (1).
(c) Requirements for Safe Operation.--If the Secretary
determines under this section that certain unmanned aircraft
systems may operate safely in the national airspace system,
the Secretary shall establish requirements for the safe
operation of such aircraft systems in the national airspace
system.
SEC. 334. PUBLIC UNMANNED AIRCRAFT SYSTEMS.
(a) Guidance.--Not later than 270 days after the date of
enactment of this Act, the Secretary of Transportation shall
issue guidance regarding the operation of public unmanned
aircraft systems to--
(1) expedite the issuance of a certificate of authorization
process;
(2) provide for a collaborative process with public
agencies to allow for an incremental expansion of access to
the national airspace system as technology matures and the
necessary safety analysis and data become available, and
until standards are completed and technology issues are
resolved;
(3) facilitate the capability of public agencies to develop
and use test ranges, subject to operating restrictions
required by the Federal Aviation Administration, to test and
operate unmanned aircraft systems; and
(4) provide guidance on a public entity's responsibility
when operating an unmanned aircraft without a civil
airworthiness certificate issued by the Administration.
(b) Standards for Operation and Certification.--Not later
than December 31, 2015, the Administrator shall develop and
implement operational and certification requirements for the
operation of public unmanned aircraft systems in the national
airspace system.
(c) Agreements With Government Agencies.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall enter into
agreements with appropriate government agencies to simplify
the process for issuing certificates of waiver or
authorization with respect to applications seeking
authorization to operate public unmanned aircraft systems in
the national airspace system.
(2) Contents.--The agreements shall--
(A) with respect to an application described in paragraph
(1)--
(i) provide for an expedited review of the application;
(ii) require a decision by the Administrator on approval or
disapproval within 60 business days of the date of submission
of the application; and
(iii) allow for an expedited appeal if the application is
disapproved;
(B) allow for a one-time approval of similar operations
carried out during a fixed period of time; and
(C) allow a government public safety agency to operate
unmanned aircraft weighing 4.4 pounds or less, if operated--
(i) within the line of sight of the operator;
(ii) less than 400 feet above the ground;
(iii) during daylight conditions;
(iv) within Class G airspace; and
(v) outside of 5 statute miles from any airport, heliport,
seaplane base, spaceport, or other location with aviation
activities.
SEC. 335. SAFETY STUDIES.
The Administrator of the Federal Aviation Administration
shall carry out all safety studies necessary to support the
integration of unmanned aircraft systems into the national
airspace system.
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems
into Federal Aviation Administration plans and policies,
including this subtitle, the Administrator of the Federal
Aviation Administration may not promulgate any rule or
regulation regarding a model aircraft, or an aircraft being
developed as a model aircraft, if--
(1) the aircraft is flown strictly for hobby or
recreational use;
(2) the aircraft is operated in accordance with a
community-based set of safety guidelines and within the
programming of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator and the airport
air traffic control tower (when an air traffic facility is
located at the airport) with prior notice of the operation
(model aircraft operators flying from a permanent location
within 5 miles of an airport should establish a mutually-
agreed upon operating procedure with the airport operator and
the airport air traffic control tower (when an air traffic
facility is located at the airport)).
(b) Statutory Construction.--Nothing in this section shall
be construed to limit the authority of the Administrator to
pursue enforcement action against persons operating model
aircraft who endanger the safety of the national airspace
system.
(c) Model Aircraft Defined.--In this section, the term
``model aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person
operating the aircraft; and
(3) flown for hobby or recreational purposes.
[...]
SEC. 903. UNMANNED AIRCRAFT SYSTEMS.
(a) Research Initiative.--Section 44504(b) is amended--
(1) in paragraph (6) by striking ``and'' after the
semicolon;
(2) in paragraph (7) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) in conjunction with other Federal agencies, as
appropriate, to develop technologies and methods to assess
the risk of and prevent defects, failures, and malfunctions
of products, parts, and processes for use in all classes of
unmanned aircraft systems that could result in a catastrophic
failure of the unmanned aircraft that would endanger other
aircraft in the national airspace system.''.
(b) Systems, Procedures, Facilities, and Devices.--Section
44505(b) is amended--
(1) in paragraph (4) by striking ``and'' after the
semicolon;
(2) in paragraph (5)(C) by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(6) to develop a better understanding of the relationship
between human factors and unmanned aircraft system safety;
and
``(7) to develop dynamic simulation models for integrating
all classes of unmanned aircraft systems into the national
airspace system without any degradation of existing levels of
safety for all national airspace system users.''.
[...]
Subtitle B--Unmanned Aircraft Systems
DEFINITIONS
H321/S--
House bill
Section 321 defines the terms: ``certificate of waiver'',
``sense and avoid capability'', ``public unmanned aircraft
system'', ``small unmanned aircraft'', ``test range'',
``unmanned aircraft'', and ``unmanned aircraft system
(UAS).''
Senate bill
No similar provision.
Conference Substitute
House and Senate bills merged to include all of House
definitions and Senate definition of ``Arctic''.
INTEGRATION OF CIVIL UNMANNED AIRCRAFT SYSTEMS INTO NATIONAL AIRSPACE
SYSTEM
H322/S320, 607(a)(b)(d)(e)(f)
House bill
Section 322 requires the Secretary of Transportation to
develop a plan, in consultation with aviation and Unmanned
Aircraft Systems (UAS) industry representatives, within nine
months of enactment, for the safe integration of civil UASs
into the Nation Airspace (NAS). This plan must contain a
review of technologies and research to assist in this goal,
recommendations for a rulemaking on the definition of
acceptable standards, ensure civil UAS have sense and avoid
capability, develop standards and requirements for operator
and pilots of UASs, and recommendations. The plan must
include a realistic time frame for UAS integration into the
NAS, but no later than September 30, 2015. The plan must be
submitted to Congress within one year of enactment. The FAA
is required to initiate a Notice of Proposed Rulemaking
(NPRM) for site integration of UAS within 18 months of the
date of enactment of the integration plan.
Senate bill
Section 320 requires the FAA to develop a plan within one
year to accelerate the integration of UASs into the NAS. This
plan must include: 1) a pilot project that includes the
integration of UAS into six test sites, representing
geographic and climate differences within the United States,
by 2012; 2) development of certification, flight standards,
and air traffic requirements for UAS; 3) the dedication of
funding for research on UAS certification, flight standards,
and air traffic control (ATC); 4) coordination of research
between NASA and DOD; and 5) verification of the safety of
UAS before their integration into the NAS. This section would
allow the FAA Administrator to include testing at six test
sites as part of the integration plan by 2012. The FAA is
directed to work with DOD to certify and develop flight
standards for military unmanned aerial systems and to
integrate these systems into the NAS as part of the UAS
integration plan. The FAA Administrator is required to submit
a report describing and assessing the progress made in
establishing special use airspace for DOD to develop
detection techniques for small UASs.
Section 607 allows the FAA to conduct developmental
research on UASs. It would direct the FAA and the National
Academy of Sciences to create an assessment of UAS
capabilities and would require the National Academy of
Sciences to submit a report to Congress on the subject. It
requires the FAA to issue a rule to update the most recent
policy statement on UASs. The FAA is directed to identify
permanent areas in the Arctic where UASs may operate 24 hours
a day. The FAA is to take part in cost-share pilot projects
designed to accelerate the safe integration of UASs into the
NAS.
Conference Substitute
House and Senate bills merged. The conference committee
directs the Secretary to develop a plan to accelerate the
safe integration of unmanned aircraft systems (UAS) into
the national airspace system. The Secretary is directed to
develop the plan in consultation with the aviation
industry, federal agencies using UASs, and the UAS
industry as soon as practicable, but no later than
September 30, 2015. Concurrent with the integration
planning, the Secretary is directed to publish, and update
annually, a five-year roadmap describing the activities of
the FAA's Unmanned Aircraft Program Office, and its
efforts to safely integrate UASs into the national
airspace system. The conference committee also directs the
Secretary to promulgate rules to allow for integration of
small UASs into the national airspace system. The
conference committee also directs the Administrator of the
Federal Aviation Administration to establish six test
ranges until September 30, 2020. Test range locations are
not designated in the legislation.
[[Page H280]]
Instead, the Administrator is directed to coordinate
with, and leverage resources from, the National
Aeronautics and Space Administration and the Department of
Defense to select the test ranges based on the criteria
set forth in this section. This language is consistent
with legislative direction in the National Defense
Authorization Act for Fiscal Year 2012 (Public Law 112-
81). The intent of the committee is for the Administrator
to establish a total of six test ranges under both laws,
and not six ranges to be established under each law for a
total of twelve. The conference committee directs the
Secretary to develop a plan for the use of UASs in the
arctic, as defined in this subtitle. Finally, the term
``non-exclusionary airspace'' was removed as the FAA does
not recognize that term. The conference committee intends
that when the FAA establishes the program to integrate
UASs into the national airspace system at six test ranges,
the Administrator shall safely designate airspace for
integrated manned and unmanned flight operations in the
national airspace system.
SPECIAL RULES FOR CERTAIN UNMANNED AIRCRAFT SYSTEMS
H323/S--
House bill
Section 323 directs that within 180 days the Secretary of
Transportation, prior to completing of the Commercial UAS
integration plan, will determine if certain UAS may operate
in the NAS. Assessment of the UASs will determine which types
of UAS do not create hazard to users of NAS or national
security, and whether a certificate of waiver or
authorization of airworthiness is required. If the Secretary
determines UAS may operate safely in the NAS, the Secretary
shall establish requirements of the safe operation of such
systems.
Senate bill
No similar provision.
Conference Substitute
House bill.
PUBLIC UNMANNED AIRCRAFT SYSTEMS
H324/S--
House bill
Section 324 directs that within 270 days the Secretary of
Transportation will issue guidance on the operation of public
UASs to expedite the certificate of authorization process,
provide a collaborative process for expansion of access to
the NAS, and provide guidance on public entities responsible
when operating UASs. By December 31, 2015, the Secretary is
required to implement operational and certification
standards. The Secretary is directed to enter in agreements,
within 90 days, with appropriate government agencies to
simplify and expedite the process for issuing certificates of
waiver or authorization regarding applications seeking
authorization to operate public UAS in the NAS.
Senate bill
No similar provision.
Conference Substitute
House bill.
SAFETY STUDIES
H325/S--
House bill
Section 325 directs the Administrator to conduct all safety
studies necessary to support integration of UAS into the NAS.
Senate bill
No similar provision.
Conference Substitute
House bill.
SPECIAL RULE FOR MODEL AIRCRAFT
H--/S607(g)
House bill
No similar provision.
Senate bill
Section 607(g) exempts most model airplanes used for
recreational or academic use from any UAS regulations
established by the FAA.
Conference Substitute
Senate bill with modifications. Language including model
aircraft for the purposes of sports, competitions and
academic purposes is removed and replaced with ``hobby''. The
modified section includes language requiring that the model
aircraft must be operated in a manner that does not interfere
with and gives way, to all manned aircraft. In addition,
language that requires that model aircraft flown within five
miles of an airport will give prior notification to the
airport and the air traffic control (ATC), and that model
aircraft that are flown consistently within five miles of the
ATC will do so under standing agreements with the airports
and ATC. Lastly, language is added that will ensure that
nothing in this provision will interfere with the
Administrator's authority to pursue enforcement action
against persons operating model aircraft who endanger the
safety of the national airspace system. In this section the
term ``nationwide community-based organization'' is intended
to mean a membership based association that represents the
aeromodeling community within the United States; provides its
members a comprehensive set of safety guidelines that
underscores safe aeromodeling operations within the National
Airspace System and the protection and safety of the general
public on the ground; develops and maintains mutually
supportive programming with educational institutions,
government entities and other aviation associations; and
acts as a liaison with government agencies as an advocate
for its members.
UNMANNED AIRCRAFT SYSTEMS TEST RANGE
H326/S607(c)
House bill
Section 326 directs the Administrator no later than one
year after enactment to establish a program to integrate UASs
into the national airspace system at no fewer than four test
ranges. The program will include safely designating
nonexclusionary airspace for integrated unmanned flight
operations, develop certification standards and air traffic
requirements, coordinate and leverage the resources of
National Air and Space Administration and Department of
Defense, address both civil and public UAS, ensure the
program is coordinated with NextGen, and provide for
verification of safety of UASs. In determining test range
locations the Administrator shall consider geographic and
climate diversity and consult with NASA and the Air Force.
Senate bill
Section 607(c) is a similar provision, but it allows the
Administrator to include testing at three test sites as part
of the integration plan by 2012. It directs the FAA to work
with DOD to certify and develop flight standards for military
UASs and to integrate these systems into the NAS as part of
the UAS integration plan.
Section 320 establishes a test range program for 10 sites.
Conference Substitute
House and Senate bills merged into language that is
included in Section 332 ``Integration of civil unmanned
aircraft into the national airspace system''.
[...]
UNMANNED AIRCRAFT SYSTEMS
H1004/S607(a)
House bill
Section 1004 requires the Administrator in conjunction with
other appropriate federal agencies to develop technologies
and methods to assess the risk and prevent defects, failures,
and malfunctions of products, parts and processes for use in
all classes of Unmanned Aircraft Systems (UAS) that could
result in catastrophic failure of UAS or endanger other
aircraft in the NAS. The Administrator is required to
supervise research which will develop better understanding of
the relationship between human factors and UAS safety and
develop simulation models for integration of all UASs into
the NAS without degrading safety for current users.
Senate bill
Section 607(a) permits the FAA to conduct developmental
research on UASs. It authorizes the FAA, in conjunction with
other federal agencies as appropriate, to develop
technologies and methods to assess the risk of and prevent
defects, failures, and malfunctions of products, parts, and
processes, for use in all classes of unmanned aircraft
systems that could result in a catastrophic failure.
Conference Substitute
House bill.
