The U.S. House of Representatives on Wednesday passed the legislation with a 387-26 vote after the Senate approved it last week, meaning the only thing standing in the way of the bill becoming law is a signature from President Joe Biden. The bill would reauthorize the FAA for the next five years.

Drone and AAM industry stakeholders have plenty of reasons to be excited. Within the legislation are several critical provisions intended to move the industries forward and assert the U.S. as a global leader in emerging aviation technology.

For example, the bill would require the FAA, within four months of passage, to issue a Notice of Proposed Rulemaking (NPRM) for drone flights beyond the visual line of sight (BVLOS) of a human operator. A BVLOS regulation has long been sought by the drone industry, as it would allow drones to fly farther than they do with humans directly watching them, opening new use cases.

The bill also contains a mandate for the FAA to publish a final special rule for operations of powered-lift aircraft—a new category that includes eVTOL air taxis—within seven months of passage. It would expand FAA research into preparing the U.S. for the safe integration of electric, hydrogen-electric, and other new aircraft types, including type and pilot certification, the electrification of existing aviation infrastructure, and the installation of vertiports.

Immediate reactions to the legislation’s House passage have been overwhelmingly positive.

The Commercial Drone Alliance (CDA), which comprises U.S. uncrewed aircraft systems (UAS) companies and organizations, offered general praise for the long-awaited bill.

“The FAA Reauthorization Act of 2024 brings much-needed stability to both the FAA and aviation industry and enables the U.S. drone industry to keep pace with other countries,” said Lisa Ellman, executive director of the CDA. “This legislation reflects years of dedicated collaboration between lawmakers and industry stakeholders, including the CDA.”

The Association for Uncrewed Vehicle Systems International (AUVSI), a global nonprofit, highlighted a few provisions in particular, such as the progress toward a final BVLOS rule and powered-lift aircraft operations.

“We look forward to working with the FAA and Administrator [Michael] Whitaker on the implementation of congressional mandates on key issues for our industries, including a Part 108 BVLOS rule and a special final rule for powered lift aircraft operations, which will safely unlock scalability and new, high-value commercial drone and AAM operations,” said Michael Robbins, president and CEO of AUVSI.

Pete Bunce, president and CEO of the General Aircraft Manufacturers Association (GAMA), applauded the bill for “furthering air traffic and airport operations through…electric aircraft infrastructure, fostering future improvements in certification and production oversight, expanding sustainability research programs, and following through on initiatives focused on a safe transition to unleaded avgas.”

U.S. lawmakers—on both sides of the aisle—similarly applauded the bill’s passage in the House.

Representative Steve Cohen (D-Tenn.), who authored provisions in the legislation that would invest $1 billion into airport improvement projects, praised the bipartisanship of the House vote and several forward-thinking provisions within the bill.

“Our reauthorization legislation addresses several critical priorities, including…addressing environmental resiliency, strengthening the general aviation sector, [and] ensuring the safe operation and integration of Unmanned Aircraft Systems (UAS) and Advanced Air Mobility (AAM) aircraft,” said Cohen.

Senator Todd Young (R-Ind.) highlighted the bill’s benefits to the domestic drone industry. The legislation would ban federal procurement and use of drones produced by Chinese manufacturers—a longtime target of U.S. lawmakers, who perceive the foreign drones as a threat to U.S. industry and national security. Attempts to restrict Chinese-made drones have been the subject of controversy among industry stakeholders.

“This bill contains many provisions important to the Hoosier [State] aviation industry and the flying public,” said Young. “I am pleased that it passed the Senate in a strong bipartisan vote and urge the House to pass this critical bill.”

Manufacturers of electric vertical takeoff and landing (eVTOL) air taxis have heaped praise on the bill’s AAM provisions.

Joby Aviation singled out language around the type certification of novel aircraft and propulsion sources, training of eVTOL pilots, development of AAM operational rules, and production of sustainable aviation fuel (SAF).

Joby board members Michael Huerta, who was FAA administrator from 2013 to 2018, and Dan Elwell, who served as deputy and acting FAA administrator from 2017 to 2020, went into more detail in a blog post.

“This congress has implemented foundational legislation that sets the stage for U.S. leadership in the next hundred years of aviation,” Huerta and Elwell wrote. “By mandating the FAA to lean into AAM, Congress aims to ensure that the FAA will serve as a driving force for innovation and continued U.S. leadership while keeping safety at the heart of its mission.”

Across the Atlantic, German eVTOL manufacturer Lilium, which is seeking type certification with both the European Union Aviation Safety Agency (EASA) and FAA, spoke highly of the bill’s commitment to modernizing AAM and eVTOL infrastructure in particular.

“We commend the United States Congress for their dedication to electrifying aviation and for recognizing the vital role that our industry will play in the future of transportation,” said Matt Broffman, head of partnerships and public affairs for the Americas at Lilium.

Added Klaus Roewe, CEO of Lilium: “The U.S. is a globally important market for aircraft like the Lilium Jet and we welcome this additional guidance from the U.S. Congress as we seek dual certification in both the U.S. and at home in Europe.”

Similarly, U.S. manufacturer Beta Technologies, which is building a network of proprietary electric aircraft chargers nationwide, praised the legislation’s emphasis on eVTOL infrastructure. The company shared with FLYING last year’s congressional testimony from CEO Kyle Clark, in which Clark lauded several measures. Among them are provisions around building new infrastructure, such as vertiports, as well as the electrification of existing airports.

“This is the first comprehensive piece of federal legislation that specifically advances the priorities of the AAM industry, which feels like a big win,” Beta told FLYING. “It’s the result of a multiyear effort by the whole industry, and we look forward to working with the FAA and DOT to implement these provisions.”

While FAA reauthorization still awaits the president’s signature, the industry, evidently, expects it to happen soon. At first glance, it appears to be a crowd pleaser: the rare piece of legislation that satisfies the demands of all, or nearly all, parties. The next challenge will be to ensure that the implementation of these provisions goes smoothly.

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The NDAA includes language that would prohibit federal agencies and federally funded programs from purchasing or using drones manufactured in countries that are viewed as threats to U.S. national security: namely, China and Russia. It’s now a signature from President Joe Biden away from becoming law.

While the legislation did not name specific companies, the restrictions would take aim at China’s DJI—the largest consumer drone company in the world by market share—and Autel, which isn’t far behind. According to Drone Industry Insights, DJI owns 73 percent of the U.S. market.

The drone-related provisions in the NDAA come from the American Security Drone Act (ASDA) of 2023: one of several protectionist bills introduced to shield American skies from the supposed threat of Chinese and Russian drone surveillance. Lawmakers have characterized the aircraft as “TikTok with wings,” alluding to allegations that the Chinese social media platform spies on its users.

The bipartisan legislation was first introduced in the Senate in February and was added to the NDAA in July. An identical House version of the bill was introduced in November.

The NDAA’s passage was cheered by Senator Rick Scott (R-Fla.), one of architects behind the Senate ASDA bill, and Representative Mike Gallagher (R-Wis.), an original cosponsor of the House bill.

“Getting this bill passed in this year’s NDAA is a massive win for our national security and the safety of Florida families,” said Scott. “Communist China has been known to spy on us, using companies like drone maker DJI, who are obligated by law to report back to the evil regime, to carry out its information collection missions…The U.S. will now no longer spend taxpayer dollars to let Communist China spy on us through their drones.”

At present, there is no conclusive evidence that the Chinese government or Chinese Communist Party (CCP) is using drones from DJI or other manufacturers to spy on American citizens or assets. However, lawmakers continue to decry the potential for sensitive information to be beamed back to China. They also worry the drones are being used for other nefarious purposes.

For example, allegations that DJI drones are being used by the Chinese government to surveil Uyghur muslims prompted the Department of Defense to dub it a “Chinese military company,” a characterization the firm swiftly denied. However, despite China’s restriction of drone exports, DJI technology has been discovered in drones on the battlefield in Russia and Ukraine and the Middle East.

Lawmakers’ concerns are shared by some within the drone industry. The Association for Uncrewed Vehicle Systems International (AUVSI), for example, lauded the NDAA’s inclusion of ASDA language, urging the Biden administration to sign it into law quickly.

“Prohibiting federal agencies from purchasing or operating non-secure drones, especially those produced by Chinese firms, is a necessary step in protecting our nation from cyber risks, espionage, and sabotage,” said Michael Robbins, chief advocacy officer of AUVSI. “Rational, tailored country-of-origin drone restrictions like those within ASDA are critical to protecting U.S. national security…American reliance on foreign adversaries for drone technology must end.”

While lawmakers on both sides of the aisle appear to support the ASDA language, detractors argue that country-of-origin bans are simply unnecessary. Some contend that the legislation props up technologically inferior, domestic drones at the expense of models from foreign manufacturers such as DJI, which are considered by many to be the best available.

“There is legislation pending in Congress today that addresses a national security situation that has been created out of thin air,” Steve Sherman, a former Iowa House candidate, wrote for RealClearPolicy. “Furthermore, the legislation is protectionist and an attempt to shield inferior products from competition abroad. Congress does not have the time to tackle mythical national security threats when there are real ones that go unaddressed every day.”

Like it or not, however, the ASDA is poised to become law in the not-so-distant future. And it could have a significant impact on the U.S. drone market.

What’s in the Bill?

Scott and Senator Mark Warner (D-Va.) introduced the original ASDA legislation in February, garnering cosponsors from both parties.

At a high level, the proposed bill called for a ban on federal procurement and operation of foreign, commercial off-the-shelf drones or unmanned aircraft systems (UAS) manufactured or assembled in “covered” countries, or those the U.S. views as hostile. China—and entities thought to be under its control—are on the list. The bill also proposed prohibiting state and local governments from procuring covered tech using federal funding.

In July, Scott and Warner celebrated the bill’s addition to the NDAA, which put it on the radar of others on Capitol Hill. The language can be found under Title XVIII Subtitle B of the published text of the final NDAA, titled “Drone Security.”

Digging deeper, the legislation directs the Federal Acquisition Security Council and the Department of Transportation to develop and update a list of banned aircraft and components. Two years after passage, federal departments would be prohibited from using them.

In addition, all federal agencies would be required to collect data on their existing inventories of banned technology, which the government could track “at a classified level.” And within nine months, the U.S. Comptroller General would need to submit a report on the number of restricted drones procured by the government. Another required report would examine covered drone supply chains.

But there are several proposed exemptions to the restrictions.

The Departments of Homeland Security, Defense, State, and Transportation, FAA, National Transportation Safety Board (NTSB), and a few other agencies could still procure covered drones if they’re absolutely necessary for their missions. The first three, for example, could acquire banned technology if it’s in the U.S. “national interest” and would be used for research or counterterrorism purposes. Agencies would also be able to apply for waivers.

Notably, the ASDA language would not apply to any U.S. “intelligence activities.” State, local, or territorial law enforcement and emergency service agencies using non-federal dollars to procure banned tech would also be exempt. However, a few of them have taken matters into their own hands by introducing state-level bans on DJI and other drones, which are very popular among public safety agencies.

What It Means

The ASDA language only targets foreign drone use and procurement at the federal level, which means—for now—that DJI hobbyists will be unaffected. But that could change.

The U.S. has a long-standing aversion to Chinese drones. Its first success in weeding out the technology came in 2019 with the passage of the 2020 NDAA. That legislation prohibited the Department of Defense from acquiring and using drones manufactured in covered countries for military use, and the Department of Energy from doing so for defense activities.

Since then, DJI and other Chinese firms have been placed on the Department of Commerce’s Entity List, blacklisted by the Treasury Department, and even targeted via executive order. But many of these are considered “de facto” bans, holding little sway over actual government activities.

The ASDA language in the NDAA would change that. And if lawmakers are feeling emboldened, they could push for another piece of legislation that proposes more sweeping restrictions. The Countering CCP Drones Act, introduced in April by Gallagher and Rep. Elise Stefanik (R-N.Y.), could extend bans on Chinese drones to hobbyists, which in DJI’s case is its most popular segment.

The bill calls for DJI and others to be added to the Federal Communications Commission’s (FCC) covered list, preventing their tech from using FCC infrastructure. And with the FAA’s Remote ID rule taking effect March 16, almost all drones will be required to communicate using that infrastructure—which means even recreational drones could be grounded. Those rules would also apply to DJI’s recently unveiled delivery drone.

There has been little movement on the legislation since it was introduced. But with continued lobbying from American drone firms—and the impending expiration of federal counter-drone authority on February 3—lawmakers may be motivated to snuff out the perceived threat quickly.

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The post Defense Policy Bill Would Ban Chinese, Russian Drone Tech in U.S. appeared first on FLYING Magazine.

After approving a three-month extension in September that keeps the FAA funded through December 31, the House this week passed a second elongation that will stretch the deadline out to March 8. The House signed off on an FAA reauthorization bill in July, but the legislation has stalled in the Senate as lawmakers quibble over provisions such as pilot training.

The FAA’s current authorization dates back to 2018, when the most recent reauthorization bill was passed. The agency must be reauthorized every five years or risk being cut off from federal funding, which would be the likely outcome should the government fail to approve a new bill by March 8.

“We remain committed to enacting a comprehensive, long-term FAA reauthorization bill as soon as possible,” said House Transportation and Infrastructure Committee Chairman Sam Graves (R-Mo.), Aviation Subcommittee Chairman Garret Graves (R-La.), and respective ranking members Rick Larson (D-Wash.) and Steve Cohen (D-Tenn.) in a joint statement. “Such a bill is vital to ensuring the United States continues its global leadership in aviation and remains the gold standard in aviation safety.”

The lawmakers continued: “Our long-term bipartisan bill…passed the House by a wide margin nearly five months ago, but the Senate has yet to act on our bill or a bill of their own. Because of the Senate’s inaction, [this] extension is necessary to ensure the continued safe operation of our aviation system. But make no mistake—the Senate must promptly act on a long-term bill, as a series of short-term extensions hamstrings FAA operations, maintains outdated policies, and fails to provide critical policy updates for aviation safety, efficiency, innovation, and more.”

Calls for a swift, final FAA reauthorization bill—and not a series of short-term extensions—have rung out on Capitol Hill from lawmakers on both sides of the aisle, and even from Joe Biden administration cabinet members.

So far, those calls have gone unanswered as Washington weighs how best to address issues such as the air traffic control shortage, pilot retirement age, and the integration of new aircraft—such as electric air taxis—into the national airspace.

Earlier this month, a collective of stakeholders representing the General Aviation Manufacturers Association (GAMA), National Air Traffic Controllers Association (NATCA), American Association of Airport Executives (AAAE), and Transport Workers Union (TWU) gave their feedback at an aviation subcommittee hearing. All of them urged the Senate to act quickly.

The groups’ testimony echoed the sentiments of other industry stakeholders, 28 of which penned the FAA a letter in September. Among them were GAMA, the Aircraft Electronics Association (AEA), Aircraft Owners and Pilots Association (AOPA), Experimental Aircraft Association (EAA), and National Business Aviation Association (NBAA).

The letter was addressed to Senate Majority Leader Chuck Schumer (D-N.Y.), Senate Minority Leader Mitch McConnell (R-Ky.), Senate Commerce, Science and Transportation Committee Chair Maria Cantwell (D-Wash.), and Ranking Member Ted Cruz (R-Texas).

The Senate may be making progress on at least one provision included in the proposed FAA reauthorization bill. In November, it was reported that lawmakers were nearing an agreement on relaxing airline pilot training—the legislation calls for the number of loggable simulator hours to be raised from 100 to 150.

According to Senator John Thune (R-S.D.), who serves on the Senate Commerce, Science, and Transportation Committee, an agreement is in place that “deals with the pilot shortage, pilot supply issue and incorporates some of the best and greatest technology.”

Still, the Senate has yet to approve the bill in full, which has kept fresh funding behind bureaucratic red tape and could stymie recently appointed FAA Administrator Michael Whitaker. The good news is it will have a few more months to deliberate.

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Now for this week’s top story:

U.S. Sanctions Take Aim at Russian Lancet Suicide Drones

What happened? The U.S. State, Commerce, and Treasury departments brought sanctions against Zala Aero—the manufacturer of Lancet kamikaze drones used by Russia against Ukraine—its suppliers, and more than 100 other companies thought to be providing Moscow with defense technology. It’s the first time the U.S. has targeted the Lancet with sanctions.

A “step change”: According to British military intelligence, Lancet drones have helped Russia create a “step change” in its offensive capabilities through precise, long-range, deadly strikes. The so-called loitering munitions can hang in the air over enemy territory for hours, waiting for the right moment (and target) to attack. Each costs only around $35,000 to produce.

Russia has reportedly been using a new variant of the Lancet since October 21—this model has an even greater range (45 miles) than its predecessor and is designed to be flown in a swarm, adding another dimension to the threat. Russia also deploys Iranian-made Shahed-136 kamikaze drones, while Ukraine relies on Turkish Bayraktar TB2s and U.S.-made Switchblades.

Will sanctions move the needle? In short…maybe. The State and Treasury departments each designated more than 100 firms and individuals for sanctions, while the Commerce Department added 13 companies, including Zala, to its entity list, curbing U.S. exports. The restrictions take aim directly at Russian manufacturers but also their procurement networks in other countries.

U.S. sanctions on Russia so far have been a mixed bag. But Ukrainian president Volodymyr Zelenskyy and others are optimistic about the latest round. One expert told FLYING the Lancet uses nearly 20 parts produced in the U.S., so sanctions figure to throw a wrench in Moscow’s plans. At the very least, they’ll force Russia to look elsewhere for components.

Quick quote: “The Lancet has been a powerful weapon for Russia, providing a high-speed precision strike capability for use against Ukrainian artillery and Western-supplied armored vehicles and tanks. In many ways, the Lancet has been key to blunting Ukraine’s counter-offensive,” Dr. James Rogers, executive director of Cornell University’s Brooks Tech Policy Institute, told FLYING.

My take: This week’s sanctions mark the first official action the U.S. government has taken against the Lancet threat, and any impediment to Russia’s production could have a sizable impact.

According to the Institute for the Study of War, Russian forces are “relying heavily” on Lancet drones to make up for a lack of efficacy on the ground. The kamikaze drones have been used to hit targets deep in Ukrainian territory from behind the frontlines, and while they’re usually foiled by air defenses, just one of the cheaply made aircraft can inflict significant damage.

The Lancet is not the only suicide drone Russia deploys. But it has the advantage of being homebuilt, while Iranian Shahed munitions must be imported. Still, Moscow is dependent on foreign technology to build its Lancets, and sanctions will almost certainly limit production—at least until Russia can find another supplier. Given how heavily its forces have relied on the aircraft, a dent in Lancet production could mean a dent in Russia’s offensive power.

Deep dive: U.S. Sanctions Take Aim at Russia’s Lancet Kamikaze Drones for First Time

In Other News…

The U.S. Is Flying Surveillance Drones Over Gaza, Pentagon Confirms

What happened? As the U.S. takes aim at Russian loitering munitions, it’s continuing to fly its own over the Gaza Strip. Following reports of mysterious uncrewed aerial vehicles (UAVs) in the area, the Pentagon last week confirmed U.S. Special Operations Forces (SOF) are flying unarmed MQ-9 Reaper drones over the region to aid Israel in hostage recovery efforts.

What’s in the air? Amelia Smith, an open source investigator who has been tracking the drones’ movement, told FLYING that a total of seven Reapers—four per day—are flying over Gaza, by her estimate. A Pentagon spokesperson confirmed the flights began October 7, the day of Hamas’ deadly invasion. U.S. officials say these are the first drone missions over Gaza.

The MQ-9 is considered the U.S.’s first “hunter-killer” UAV, but today it’s used mainly for intelligence, surveillance, and reconnaissance purposes. The Pentagon explained that the aircraft will only search for Israeli and other hostages—unnamed U.S. officials told The New York Times that potential leads will be passed along to the Israel Defense Forces.

Deep dive: Pentagon Confirms U.S. Flying Surveillance Drones Over Gaza

Archer Eyes India Launch with Agreement for Sale of 200 Air Taxis

What happened? Archer Aviation, maker of the Midnight electric vertical takeoff and landing (eVTOL) air taxi, announced its second international launch market in as many months. The manufacturer will work with India’s InterGlobe to build an urban air mobility (UAM) ecosystem across the country, with plans to launch in 2026. It may also deliver up to 200 aircraft.

Rideshare in the air: India is notorious for its congested streets, which has restricted the country’s rideshare market and held back firms such as Uber from profitability. Archer hopes to change that—a trip in India that could take well over an hour by car could be made in just seven minutes with Midnight, the company said. And it expects the service will be cost-competitive.

The air taxi orders aren’t set in stone. But Archer and InterGlobe, one of India’s largest travel firms, will soon begin working with other local partners to build vertiports and train pilots and personnel to fly and maintain Midnight. India is the second international launch market Archer has announced, following news last month that it plans to fly in the United Arab Emirates.

Deep Dive: Archer Plans Sale of 200 Electric Air Taxis to Partner in India, Eyeing 2026 Launch

And a Few More Headlines:

• Archer is selling its air taxi, but it also bought electric aircraft chargers from Beta Technologies as the latter looks to expand its network.

• According to SpaceX, Starship, the most powerful rocket ever built, could fly again this month after an April crash grounded it.

• Eve Air Mobility, the eVTOL manufacturing subsidiary of Embraer, picked three more components suppliers for its air taxi.

• Israel has reportedly submitted a request for 200 Switchblade 600 kamikaze drones, which the Pentagon is now reviewing.

• Hyundai eVTOL subsidiary Supernal plans to build its first U.S. manufacturing plant and apply for FAA certification.

On the Horizon…

After a few weeks packed with activity, this week was light on major drone, eVTOL, and AAM developments.

But there was an interesting one on the space travel front. A pair of House republicans on the Space and Aeronautics Subcommittee introduced the Commercial Space Act of 2023—a bill meant to promote U.S. leadership in commercial spaceflight by cutting through regulatory red tape and promoting advances in technology.

Among other things, the legislation would create a certification pathway for nongovernmental space travel, require operators to submit plans for dealing with space junk, and elevate the Office of Space Commerce as an independent entity within the Commerce Department. The goal is to build a “favorable and competitive” industry at home in the U.S.

Elsewhere, the House FAA reauthorization bill continues to stall in the Senate as the extended December 31 deadline looms. In the meantime, it’s worth keeping an eye on how new administrator Michael Whitaker runs things.

Just a few days after Whitaker’s confirmation on October 24, the agency announced a key collaboration with the U.S. Air Force to speed the development of U.S. eVTOL technology. It’s unclear whether the partnership was in the works before Whitaker took over. But the ex-Supernal executive brings plenty of AAM experience, and it wouldn’t be surprising to see him build on the work of his predecessor Billy Nolen, who left the FAA to join Archer in June.

Mark Your Calendars

Each week, I’ll be running through a list of upcoming industry events. Here are a few conferences to keep an eye on:

• Dubai Air Show—November 13-17 in Dubai, United Arab Emirates
• Aerospace Tech Week Americas 2023—November 14-15 in Atlanta
• Advanced Air Mobility Summit 2023—November 20-21 in Lisbon, Portugal
• ICAO Drone Enable—December 5-7 in Montreal
• 11th Annual eVTOL Symposium—February 6-8 in Silicon Valley, California
• Drone Show Korea 2024—March 6-8 in Busan, South Korea
• World’s Unmanned Aerial Vehicle Conference—March 17-19 in Jerusalem
• AUVSI Xponential 2024—April 22-25 in San Diego 
• Vertical Flight Society’s Forum 80—May 7-9 in Montreal

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The post Will U.S. Sanctions Dull Russian Lancets? appeared first on FLYING Magazine.

Now for this week’s top story:

Canada’s Helijet Makes History with Beta eVTOL Order

What happened? Helijet is one of North America’s oldest and largest helicopter airlines and one of the few that offers scheduled passenger flights. Now, the company is flying into the future with its order for Beta Technologies’ Alia-250 electric vertical takeoff and landing (eVTOL) air taxi—the first such purchase by a Canadian air carrier.

Old dog, new tricks: Helijet has been around since the ’80s, but that won’t stop it from embracing technologies at aviation’s cutting edge. The firm, Beta’s first Canadian customer, expects to be the country’s first air carrier to offer passenger and cargo eVTOL flights. Beta’s Alia will complement—not replace—its fleet of Eurocopter AS350 B2s, Sikorsky S76s, Learjet 31As, and Pilatus PC-12s.

Alia is more limited than these designs, with a 250 nm range and 100 knot cruise speed. However, it produces zero carbon emissions and is expected to be far quieter than those helicopters—and cheaper, Beta and Helijet claim. Helijet will deploy it for passenger, cargo, and medical transport services.

Why Beta? Per Helijet, Beta makes for an ideal partner due to its plan to certify Alia for IFR operations. The eVTOL manufacturer also has a footprint in Canada, having opened an engineering and research and development hub in Montreal in March. It also partnered with Canadian flight simulator provider CAE to train Alia pilots and maintenance technicians.

The partners estimate that eVTOL aircraft could serve 4.2 million passengers in the Greater Vancouver area over the next 15 to 20 years, generating some $1.5 billion ($2.1 million Canadian dollars) in advanced air mobility (AAM) business activity. But they’ll need to wait for Alia’s certification, which is expected around 2026.

Quick quote: “With its mature air travel market demographic and existing challenges for conventional transportation between Vancouver Island and the Lower Mainland, southern British Columbia provides an exciting opportunity to demonstrate the commercial viability and environmental sustainability of AAM in B.C. and Canada,” said JR Hammond, executive director of Canadian Advanced Air Mobility (CAAM), the country’s national AAM consortium.

My take: Could Helijet, one of only two major scheduled passenger helicopter airline services in North America (Blade Urban Air Mobility being the other), become one of the region’s biggest AAM player?

Compared to the massive eVTOL investments made by U.S. airlines such as United and Delta, Canadian air carriers have been slower to warm up to the emerging tech. But Helijet could be set up for early success, with a built-in customer base that already seeks short-hop helicopter flights. Replacing some of those trips with air taxi routes shouldn’t harm demand—especially if Alia can offer a cheaper alternative, as the partners claim.

The new aircraft likely won’t fly until 2026. But when they do, Helijet could provide an important litmus test for AAM operations in Canada.

Deep dive: Canada’s Helijet Makes History with Beta eVTOL Order

In Other News…

SpaceX Starship Nears Return to Flight

What happened? SpaceX’s Starship, the largest and most powerful rocket ever built, has been grounded since its April maiden voyage began and ended in flames. But the FAA in September closed its investigation into the explosion, and the agency this week announced it has now completed its safety review—a key portion of the evaluation of SpaceX’s launch license.

Back in action soon? Having completed the safety review, the FAA is now working with the U.S. Fish and Wildlife Service (USFWS) on an environmental review, the final step needed to modify SpaceX’s vehicle operator license, which may take up to 135 days. When that modification is approved, Starship will be cleared for a second test flight.

However, keep an eye on the lingering lawsuit the FAA and SpaceX are battling. If they lose the case, the FAA will need to produce an environmental impact statement analyzing the effect of Starship launches on local wildlife. That process could delay things for months—or longer.

Deep dive: SpaceX’s Starship—the Most Powerful Rocket in History—Nears Return to Flight

Zipline and Cleveland Clinic Plan Prescription Drone Delivery

What happened? Zipline, the world’s largest drone delivery provider, added its fourth major U.S. healthcare partner this year in Cleveland Clinic. The hospital system will work with Zipline to launch prescription drone delivery in 2025, using its new partner’s Platform 2 (P2) delivery system.

How it’ll work: Zipline’s P2 does a couple cool things—among them is the installation of drone “drive-thru” windows that will allow Cleveland Clinic technicians to load the aircraft without leaving the lab. Rather than drop prescriptions using a parachute, like Zipline’s Platform 1 does, P2 will lower a small, autonomous droid that steers itself to a landing area the size of a patio table.

The collaboration makes sense for Cleveland Clinic, which has been lauded for its supply chain and innovative use of technology. Eventually, the partners plan to ramp up with deliveries of lab samples, prescription meals, and more.

Deep Dive: Zipline and Cleveland Clinic Partner on Prescription Drone Delivery

And a Few More Headlines:

• Ireland’s Manna Drone Delivery launched commercially in the U.S. with Halloween deliveries for trick-or-treaters.

• Virgin Galactic completed its Galactic 05 mission, the company’s sixth successful spaceflight in as many months.

• Chinese eVTOL manufacturer EHang said it expects to begin delivering its type-certified air taxi to customers in the coming months.

• Germany’s Lilium, another eVTOL maker, appointed ArcosJet as its exclusive Lilium Jet dealer in the United Arab Emirates, Israel, and Cyprus.

• Tampa International Airport (KTPA) hosted a test flight of Volocopter’s eVTOL for city and state officials.

On the Horizon…

Kicking off things with a pair of developments FLYING covered this week, the FAA and the U.S. Air Force, as well as the state of Utah, have stepped up their AAM efforts.

Starting with the two government entities: The FAA and AFWERX, the innovation arm of the Air Force, are collaborating to share flight data and testing capabilities for eVTOL and autonomous aircraft. AFWERX has awarded millions of dollars worth of contracts to 36 electric aircraft and technology developers, and its learnings could help the FAA meet its Innovate28 goals. The partnership is expected to benefit U.S.-made aircraft in particular.

Regulators in Utah, meanwhile, released an AAM blueprint resembling a smaller, state-level version of Innovate28. The report provides an interesting look at how individual states may initially tackle these new services. While it’s jampacked with guidance, the researchers’ key takeaway was that Utah already has plenty of assets to work with, and it could see fully operational AAM services by 2028.

We’ve got a couple of Congressional updates this week too. The big one is the introduction of the American Security Drone Act of 2023 to the House Select Committee on the Chinese Communist Party. The bill, initially proposed in February by Senators Mark Warner (D-Va.) and Rick Scott (R-Fla.), would prevent federal departments and agencies from operating, procuring, or using federal funding to purchase drones made in China and Russia.

Meanwhile, Warner and other legislators this week announced that the Senate passed a measure to limit federal funding for drones made in China, Russia, Iran, North Korea, Venezuela, and Cuba—collectively described as the “New Axis of Evil.” The amendment will withhold funding included in the upcoming FAA appropriations package.

Staying at the federal level, the U.S. Departments of Justice and Homeland Security could soon lose the ability to down rogue drones, as their counter-drone authority, established in 2018, is set to expire November 18. Christopher Wray, director of the FBI, said failure to reauthorize the two agencies could leave the U.S. “effectively defenseless” against threats to mass gatherings, airports, and other critical infrastructure.

Speaking of critical infrastructure: In New York’s Capital Region, officials have introduced a bill that would prevent drones from flying near schools and other buildings with that label. The legislation appears after a series of incidents involving drones flying over schools.

Mark Your Calendars

Each week, I’ll be running through a list of upcoming industry events. Here are a few conferences to keep an eye on:

• Dubai Air Show—November 13-17 in Dubai, United Arab Emirates
• Aerospace Tech Week Americas 2023—November 14-15 in Atlanta
• Advanced Air Mobility Summit 2023—November 20-21 in Lisbon, Portugal
• ICAO Drone Enable—December 5-7 in Montreal
• 11th Annual eVTOL Symposium—February 6-8 in Silicon Valley, California
• Drone Show Korea 2024—March 6-8 in Busan, South Korea
• World’s Unmanned Aerial Vehicle Conference—March 17-19 in Jerusalem
• AUVSI Xponential 2024—April 22-25 in San Diego 
• Vertical Flight Society’s Forum 80—May 7-9 in Montreal

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Then there’s the “go” route, typically a straight sprint down the field—coaches sometimes refer to this as a “fly.” But it appears some drone pilots have misinterpreted the terminology as a cue.

Increasingly, as players run fly routes on the field, drones are flying routes through the air during the game, sparking concern from the NFL, NCAA, and even some members of Congress. Incursions involving rogue drones have grown so frequent that Cathy Lanier, NFL chief of security, spoke out about the issue this week.

“They enter that restricted airspace, they are violating the law,” Lanier, who also served as chief of police for Washington, D.C., from 2007 to 2016, said in an interview with NBC News. “All we’re asking for is the ability to take control of that drone and move it out of our airspace.”

Incursions on the Rise

According to Lanier, there were about 2,500 drone incursions over NFL stadiums during the 2022 season, nearly double the 1,300 or so incidents the season prior.

The latest episode occurred during a college football game between Ohio State University and the University of Maryland this past weekend. When officials spotted a drone over Ohio Stadium in Columbus, they quickly suspended play and pulled players from the field. Police later tracked down the pilot, who was arrested and faces multiple criminal charges, including unsafe operation of an aircraft in a careless or reckless manner.

The incident is one in a string of drone-related disruptions that security officials and U.S. lawmakers worry could pose a potential safety threat to fans.

One occasion in 2017 saw a pilot fly a drone over Levi’s Stadium in Santa Clara, California, during an NFL game between the San Francisco 49ers and Seattle Seahawks. He then drove an hour to fly the small aircraft over Oakland-Alameda County Coliseum—where the then-Oakland Raiders were facing the Denver Broncos—using it to drop leaflets over both crowds. The pilot was later arrested and charged by federal prosecutors.

Three more high-profile incursions took place last year. On September 25, 2022, a drone disrupted a college football showdown between the University of Washington and Stanford University. The following day, an unlicensed drone flew over Seattle’s Lumen Field, halting play between the Seahawks and the Atlanta Falcons.

And this month, a man was sentenced for flying a drone over Paul Brown Stadium (now Paycor Stadium), home to the Cincinnati Bengals, during a January 2022 playoff game between the Bengals and Raiders. The incident prompted the NFL to change its policy—since then, officials have stopped games and cleared the field whenever they catch a whiff of unlicensed drone activity.

According to Lanier, Super Bowl LIII between the New England Patriots and Los Angeles Rams in 2019 was a particularly close call. An FBI team spotted a drone moments before six Air Force F-16s were set to perform a flyover of Mercedes-Benz Stadium in Atlanta, and there was no time to shoot it down. Luckily, the agency managed to tell the F-16 pilots to fly at higher altitude.

So far, drone-related incursions have yet to result in physical injury: The nearest miss was a 2017 incident during an MLB game between the Arizona Diamondbacks and San Diego Padres, where a drone crashed into the stands just inches away from a spectator. Still, the potential for more violent encounters has security officials and lawmakers on edge.

“We’re concerned about somebody who would use [drones] in a nefarious way and drop a grenade that would do considerable damage and possibly kill individuals,” Senator Gary Peters (D-Mich.), chair of the Senate Committee on Homeland Security and Governmental Affairs, told NBC News.

But local law enforcement and stadium staff—for the NFL and other leagues—have little to no ability to prevent incursions or handle the drones themselves.

What Are the Rules For Drones Over Stadiums?

Rulemaking by the FAA, NFL, NCAA, and other leagues already limits drone flights in or around stadiums during events. But the rules are difficult to enforce, and stadium staff and local law enforcement have little recourse when the buzzing aircraft enter their airspace.

During events, the FAA prohibits drones that fly at or below 3,000 feet above ground level within 3 nm of any stadium that seats 30,000 or more—including one hour before and after games. The regulations specifically cover MLB, NFL, NCAA, and NASCAR competitions, among others.

In essence, the FAA created a temporary flight restriction for stadiums. Violations can incur civil penalties of around $37,000 or even criminal prosecution, and the agency promotes the use of signage and slogans (such as “It’s game day, put your drone away”) to discourage unruly pilots. It even put out an advisory urging fans not to fly drones during Super Bowl LVII between the Kansas City Chiefs and Philadelphia Eagles on February 12 at State Farm Stadium in Glendale, Arizona.

But like most FAA policies, there are a few exceptions to the rules.

The NFL was actually the first major U.S. sports organization to fly drones over stadiums and fields with FAA permission in 2015. However, it can only deploy a handful of approved models and must fly during daytime under strict supervision. Most importantly, the aircraft cannot be flown during games.

The league mainly uses the technology for marketing purposes, though a few teams have flown drones to film practices. The NCAA, meanwhile, updated its drone rules for the 2023 season to clarify that the aircraft are not permitted over the field or sidelines when players are present.

The only entities cleared to fly drones during games are broadcasters. Fox Sports, for example, deployed them to cover the 2023 MLB All-Star Game between innings and outs. The network also uses drones to cover United States Football League games while players are on the field. And CBS Sports flew them indoors to add a fresh angle to this year’s Final Four men’s college basketball games.

Stadiums have plenty of guards and metal detectors to prevent incidents on the ground, but they lack security measures to prevent incursions in the air outside of these special cases. Some, though, have attempted to curb the trend. 

The Maryland Stadium Authority, which oversees venues used by the NFL’s Baltimore Ravens and MLB’s Baltimore Orioles, partnered with drone incursion specialist Aerial Armor to ramp up security. But while it was able to locate the operators behind a few incidents, it could not prevent them, underscoring the issues Lanier, Peters, and others have with the current rules.

For one, drones are still allowed to be flown in and around stadiums one hour before games, giving tailgaters an opportunity to disrupt the airspace. FAA regulations also exclude stadiums that seat less than 30,000 fans, which means some venues, including many minor league baseball stadiums, remain susceptible to rogue aircraft.

The bigger issue, though, is that only the FBI and Department of Homeland Security (DHS) have authority to jam or bring down unlicensed drones, granted via the Safeguarding America’s Skies Act of 2018. However, security officials told NBC News the agencies only send counter-drone teams to major events such as the NFL’s Super Bowl or MLB’s World Series. By and large, regular-season games are untouched.

Since the law took effect, Lanier said only 77 of about 121,000 requests for FBI or DHS counter-drone support to stadiums and other venues have been approved. Making matters worse, the agencies’ authority is set to expire next month along with the current congressional spending bill.

To remedy this, Peters introduced legislation in the Senate that would extend drone jamming and takedown authority to state and local law enforcement. Both it and a House companion bill have garnered bipartisan support and the backing of the NFL, MLB, NCAA, and NASCAR. However, some worry the bill is too intrusive, granting law enforcement too much authority and discretion to shoot down what could be nonthreatening drones.

Regardless of what happens with the legislation, drone use is on the rise, which could increase the number of incursions. As of 2022, there were 860,000 registered drones in the U.S., a number the FAA predicted could surpass 2.6 million by 2025. At the same time, pilots are reporting more unauthorized drone sightings than ever before.

Officials also worry about drone incursions at airports, which have occasionally led to mass flight delays or cancellations. And increasingly, pilots are using them to smuggle contraband or weapons into prisons or across the U.S. southern border.

The FAA’s Remote ID rule—for which the deadline to comply was recently extended six months—could help stadiums and local law enforcement keep a more watchful eye on the airspace. But until they have the authority to down drones, future incursions will be tough to prevent.

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The post NFL, Congress Wary of Rising Drone Incursions During Games appeared first on FLYING Magazine.

The agency on Wednesday approved drone parcel delivery operator and UPS subsidiary Flight Forward and avionics provider uAvionix for UAS operations beyond the visual line of sight (BVLOS) of a remote pilot, opening the door to longer flights, new markets, and fewer restrictions on ground personnel. The authorizations follow the FAA’s granting of similar permissions to drone inspection provider Phoenix Air Unmanned (PAU) in August.

Flight Forward, uAvionix, PAU, and a fourth firm, medical drone delivery provider Zipline, initially requested BVLOS exemptions earlier this year. Their applications were published in the Federal Register for comment in May, drawing feedback from industry trade associations, aviation groups, and even rival companies. Zipline’s approval is expected to be announced in the coming weeks, the FAA told FLYING.

“The FAA is focused on developing standard rules to make BVLOS operations routine, scalable and economically viable,” the agency said in its announcement. “The agency chartered the BVLOS Aviation Rulemaking Committee on June 9, 2021, to provide safety recommendations to the FAA. We are reviewing their final report. The FAA’s long-term goal is to safely integrate drones into the National Airspace System rather than set aside separate airspace exclusively for drones.”

With the new authorizations, the FAA hopes to collect data that will inform its proposed rule on UAS BVLOS operations, also published in the Federal Register in May along with the four exemption requests. 

The agency also told FLYING companies that can recreate the approved firms’ operational conditions will now be able to obtain BVLOS approvals more quickly. It said it selected the four companies because each sought BVLOS waivers for different use cases: parcel delivery (Flight Forward), medical delivery (Zipline), inspections (PAU), and flight systems development (uAvionix).

Each use case opens a path to exemptions for companies with similar operations, allowing them to use the waivers as models for their own operations. For example, a company looking to deliver small packages might build around Flight Forward’s business.

“Our goal is to work towards summary grants as we continue towards rulemaking,” said David Boulter, FAA associate administrator for aviation safety, at the Commercial UAV Expo in Las Vegas on Wednesday.

Summary grants are essentially streamlined authorizations for “copycat” companies with similar infrastructure, aircraft, and technology to those who have already been approved.

What’s in the Approvals?

Flight Forward’s exemption authorizes the firm to conduct BVLOS small parcel deliveries using drone manufacturer Matternet’s M2 UAS. In lieu of visual observers—ground personnel stationed along the flight path to maintain a line of sight with the drone during flight—the company will now deploy remote operation centers across its network, using them to facilitate deliveries from tens or even hundreds of miles away.

The FAA revised some of Flight Forward’s requests relating to minimum safe altitudes, VFR visibility requirements, and pilot-in-command qualifications. But the company’s application was largely accepted as submitted.

The same can be said of uAvionix, which has now been approved to test its detect-and-avoid technology on a custom UAS flying BVLOS. The UAS, called Rapace, has a maximum takeoff weight of 26.5 pounds and was granted a special airworthiness certificate—experimental class (SAC-EC) by the FAA. It includes in-house avionics, command-and-control radios, autopilot systems, and positioning sensors from uAvionix.

The company will fly Rapace within the Vantis Network, North Dakota’s statewide UAS BVLOS program, with partners such as Thales to help its customers better understand BVLOS operations and waivers.

“The concept here is that the program team works out the ‘recipe’ for BVLOS exemptions, which are repeatable by other operators in the future,” Christian Ramsey, managing director of uAvionix, told FLYING in May. “In the end, this exemption isn’t about our operations…It’s about trailblazing and developing an infrastructure that others can use to achieve their own operational and business goals.”

UAvionix will need a Letter of Authorization from the FAA to conduct operations that rely on UAS traffic management (UTM) or third-party service providers. Otherwise, its requests were largely approved with minor conditions and limitations.

Similarly, PAU has been authorized to fly the SwissDrones SDO 50 V2 unmanned helicopter for BVLOS aerial photography, surveying, and powerline and pipeline patrol and inspection. Operations are permitted below 400 feet above certain roads and in sparsely populated areas beneath preplanned flight paths.

The approval builds on the company’s Part 107 waiver, issued in March, for BVLOS operations with aircraft under 55 pounds. That permission did not cover the SVO 50 V2, which weighs about 190 pounds. Like Flight Forward and uAvionix, PAU’s requests were largely approved with some restrictions.

Zipline’s request is under review, but the firm is expected to join its fellow applicants in the coming weeks. It seeks to replace visual observers with its patented acoustic detect-and-avoid system (DAA) and other onboard systems—unlike Flight Forward, it would eliminate the use of ground personnel almost entirely.

The authorizations are clearly a welcome development for Flight Forward, uAvionix, and PAU. But not everyone supported them. A few industry groups repeatedly popped up in the comments to oppose the approvals, namely the Air Line Pilots Association (ALPA), the National Agricultural Aviation Association (NAAA), and drone connectivity solutions provider ElSight. They worried BVLOS flights could pose hazards to low-altitude manned aircraft.

The FAA, however, countered that the approvals are in the public interest. They will allow the agency to gather information on BVLOS operations as it works toward a final rule that will ultimately shape the UAS industry for years—and potentially decades—to come.

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The post FAA Approves Beyond Visual Line of Sight Operations for 3 UAS Firms appeared first on FLYING Magazine.

The New York City skyline could soon be dotted with small, humming drones after Mayor Eric Adams announced a rule that allows individuals and entities to apply for unmanned aircraft systems (UAS) privileges.

The rule, an addition to Title 38 of the Rules of the City of New York, establishes a permitting process and guidelines for takeoff and landing of UAS within the five boroughs. 

Before Friday, drones were only allowed to fly within New York City Department of Transportation (DOT)-designated locations or model aircraft fields recognized by the city’s Department of Parks and Recreation (with an exception for law enforcement). Now, the public can request additional locations to be temporarily designated as drone flight zones.

“With these rules, we are paving the way for drones to help in New Yorkers’ everyday lives—not just in emergency situations,” Adams said in a press conference. “Drones are going to allow us to make facade inspections faster and safer, help us inspect and maintain our bridges, tunnels, and critical infrastructure, and allow us to monitor our beaches more easily for unauthorized swimmers and hazardous conditions, among other things.”

Permits will be administered by the New York City Police Department, and each will include a location temporarily designated by the DOT as a takeoff or landing site. The rule opens the skies to both businesses and hobbyists, though the latter will need to hold a Part 107 remote pilot certificate.

• Read More: You (Probably) Have What it Takes to be a Drone Pilot 

Without further adieu, let’s dig into how to obtain a permit—and what can be done with it.

How to Get a Drone Permit in New York City

The city of New York provided a helpful Applicant User Guide and a set of frequently asked questions to walk prospective fliers through the process. But let’s break down the basics.

To start, create an account on the city’s newly launched drone permit portal. Applicants will be prompted to enter the name, address, email, and phone number for themselves and any proposed operators, alternate operators, and visual observers. The operator is the person actually flying the drone, while visual observers can extend the range of flight by keeping an eye on the aircraft.

Applicants will also need to provide a description of their intended activities, which could include inspections, project planning, or obtaining photo, video, or audio. Prospective pilots can request as many as five combinations of flight times, dates, and takeoff and landing locations but must also specify the altitude, duration, and geographical location of the flights themselves.

In addition, the application will require at least:

• The photo ID of the applicant and any proposed operators or visual observers.
• A remote pilot certificate from the FAA with a small UAS rating, including any waivers (such as operations over people) applicable to the requested permit.
• An FAA UAS registration certificate for the drone itself.
• Proof of commercial general liability insurance and drone aviation liability/UAS coverage.
• Details of the applicant’s data privacy and cybersecurity practices.
• The manufacturer, model number, weight, and year of manufacture of the UAS.

Importantly, applications must be submitted within 30 days and at least 180 days prior to the earliest proposed launch date. 

But there’s an exception: If each proposed operator and alternate operator has been listed on at least one permit in the previous 180 days and that permit was not revoked for failure to comply, the NYPD can approve submissions within 14 days. The department will also review all applications before August 1, 2024, to determine if the shorter 14-day timeline is operationally feasible.

In addition to paying for insurance out of pocket, applicants will be charged a $150 fee. Unfortunately, that’s nonrefundable, except in cases where an application was approved then revoked for reasons not the fault of the applicant or operator.

That means applicants could be paying just to have their requests denied, which could happen for a number of reasons. The NYPD may turn away applicants due to false or incomplete paperwork, concern for public safety or security, or a violation of state, federal, or city aviation laws. However, disapprovals can be appealed within 30 days of notification.

Whether approved or rejected, application status can be tracked via email. But if approved, you’re ready to fly within the specified window. Just keep an eye on that application status, as it can be temporarily or permanently revoked after being issued.

What Can (and Can’t) You Do with Your Permit?

According to Adams and other city officials, newly inducted drones will be used for everything from infrastructure inspections to personal photography. But there are a few key restrictions.

As would be expected, permittees are required to comply with all applicable federal, state, and local regulations when flying. That means flights will need to remain within the operator’s visual line of sight, among other restrictions. When operating, pilots will need to have their permit, documentation of FAA authorization (including waivers), and a copy of the aforementioned insurance policies. 

Permitted fliers must notify the NYPD of any crash that takes place during takeoff, operation, or landing. They are also required to contact the city’s Cyber Command of any suspected cybersecurity breaches.

If operating a drone without a permit or exception, or in violation of a permit, rulebreakers face $250 in civil penalties for the first offense. If two offenses take place within a year, the penalty doubles, and it rises to $1,000 if a third violation occurs. Violators may also be charged with a misdemeanor.

And there’s one more key rule. If a permit holder plans to capture photo, video, or audio, they must notify the community board in each district they wish to fly and post public notices within 100 feet of each takeoff and landing site. Failure to do so 48 hours in advance of the earliest launch could draw a fine.

So, those are the rules. But what will drones in the Big Apple actually look like?

The NYPD, New York City Fire Department, and other state agencies already use drones in cases where personnel cannot be deployed—like tracking shark attacks along the coastline, a recent initiative from Governor Kathy Hochul. Another example came in April, when drones were used to assess interior conditions and search for survivors after a garage collapsed in Lower Manhattan.

“From patrolling the city’s 2,000-square-mile upstate watershed to conducting routine infrastructure inspections along the coastline of the five boroughs, drones operated by our skilled workforce are already helping us serve New Yorkers more safely and efficiently,” said Rohit Aggarwala, New York City Department of Environmental Protection commissioner.

Individuals and organizations with drone permits will probably take on similar tasks. Remote inspections are likely candidates for UAS, allowing energy and utility companies to make safer, quicker checks. They may also be used to plan out capital projects, giving developers a bird’s-eye view of the city’s layout.

Hobbyists, on the other hand, may not benefit much. The $150 fee and out-of-pocket insurance payments present a barrier to entry, which is only compounded by the requirement of FAA certification and registration. Chances are this rule was geared toward companies with more money and time.

Still, the city’s drone permitting process is undoubtedly an improvement. Integrating UAS into the biggest city in the U.S. was never going to be easy, but New York’s rule is a small step toward democratizing the skies.

The post Drones May Soon Have New York City Skies Humming appeared first on FLYING Magazine.

A new era of aviation—encompassing drones, unmanned aircraft systems (UAS), advanced air mobility (AAM), electric vertical takeoff and landing (eVTOL), and other new ways to fly— is coming. Now, around the country, federal and state lawmakers are trying to figure out how to manage it.

Welcome to the May edition of Regulatory Roundup, FLYING’s monthly look at the key regulations, laws, and policy proposals making their way through the modern aviation sphere, both in the U.S. and around the world.

Here are the key bills, initiatives, and regulatory approvals from the past 30 days:

At the Top

The U.S. government really doesn’t trust foreign drones. 

Introduced last month by congressional Republicans Elise Stefanik (R-New York) and Mike Gallagher (R-Wis.), the Countering CCP Drones Act would add those manufactured in Russia and China—including those from DJI—to the Federal Communications Committee’s covered list, a group of businesses with which the U.S. government refuses to do business.

Adding DJI and others to the covered list would prevent the FCC from issuing equipment authorizations to other U.S. agencies, effectively banning the drones from government use. Hobbyists and commercial services, however, would be unaffected. 

Calls to ban DJI and other manufacturers are coming from both sides of the aisle. The Republican-backed bill echoes the sentiment of the bipartisan American Security Drone Act of 2023, introduced in February. That legislation would also limit drones at the federal level and recently garnered support from Sen. Mitt Romney (R-Utah).

This month, Sens. Kyrsten Sinema (I-Ariz.) and James Lankford (R-Okla.) introduced another protectionist bill, the Protecting the Border from Unmanned Aircraft Systems Act. Aimed at quashing UAV-related border crossings, such as drug smuggling drones, the rule would not ban foreign technology. But it would crack down on unauthorized use of airspace, which is a good thing for the drone industry writ large.

A few weeks earlier, a similar bill was introduced in the House by two Democrats and two Republicans. That legislation—simply called the Drone Act of 2023—seeks to limit drone-related crime within the U.S. 

The Drone Act would prohibit users from removing drone identification numbers and safety features, such as anti-collision lights, as well as from using drones to transport weapons or interfere with emergency, military, or law enforcement activities. The bill would also attach a 10-year prison sentence to the use of drones for delivering drugs or weapons to prisons.

While drones face new restrictions, another industry is benefitting from new guidelines. Last week, acting FAA Administrator Billy Nolen gave an update on the agency’s progress at the Association for Unmanned Vehicles International’s (AUVSI) Xponential trade show in Denver.

Specifically, while beyond visual line of sight (BVLOS) regulations for drones remain out of sight, Nolen revealed that the FAA will release an AAM implementation plan by the end of May. It won’t create new regulations or certification standards, but the document should clarify the roles and responsibilities of AAM stakeholders as the industry evolves.

The implementation plan follows the FAA’s release of an updated blueprint for air taxi operations in urban areas and the announcement of its first AAM Summit in August in Baltimore. The agency hopes to certify the first eVTOL aircraft for commercial operations by the end of 2024.

From the States

Like the federal government, some states are also hesitant about foreign drones.

Last month, I highlighted Florida’s ban on the use of Chinese and Russian drones by local government and law enforcement agencies. This month, Arkansas is the culprit—the state is giving public entities four years to remove drones manufactured by DJI and others from their fleets.

The Arkansas rule is nearly identical to Florida’s. It will require state agencies to retire their drones and won’t allocate state funding to replace them. But unlike in Florida, Arkansas public entities can apply for waivers if they believe their banned equipment will be operable beyond the four-year sunset window.

According to AUVSI, other states, such as Utah and Florida, have also proposed bills restricting AAM operations. Oregon, for example, is contemplating a bill that would prohibit local governments from granting exclusive vertiport rights to any one company, which could inadvertently make the state less attractive to AAM companies.

But for the most part, state-level rules from the past month have supported the expansion of drones and AAM.

New York, for instance, is considering two bills that would regulate unmanned aircraft systems by amending the state’s traffic laws and clarifying the federal preemption of state regulations—both are supported by AUVSI. A similar law has been proposed in North Carolina.

And despite its statewide DJI ban, Florida’s House of Representatives unanimously passed a bill that sets new standards for “drone ports,” which it defines as fixed or mobile locations for the operation of drone fleets. Walmart and DroneUp, for example, use drone ports to make deliveries in the state, and the new law would limit local oversight of their services.

There’s been some state-level movement on AAM as well. A bill in committee in the California Legislature would establish an AAM and Aviation Electrification Committee. That group would be responsible for assessing the state’s current laws and making recommendations that would speed the development of AAM operations and infrastructure. 

Meanwhile, a near-identical bill was codified by the Texas Legislature this week and is set to take effect September 1. These preemptive rules should help California, Texas, and others prepare for the emergence of services like air taxis—the FAA is targeting its first air taxi certification in late 2024.

Around the World

Much of the activity this month took place at home, but there have been a few key developments abroad.

The biggest is that India and the European Union are collaborating on drone and AAM regulations. Last month, India’s Directorate General of Civil Aviation and the European Union Aviation Safety Agency signed letters of intent to create new regulations for Indian airspace, including standards for drones, air taxis, and other emerging services. The agencies will share information on flight plans and profiles to inform their decision-making. 

Currently, India’s drone and AAM regulations resemble the FAA’s. But soon the country could see more elements of EASA policy, particularly U-Space, a framework for BVLOS flights that designates airspace for complex operations. The regulation took effect in the EU this year and is now evolving as stakeholders ramp up to routine service.

Meanwhile, EASA also published what it claims is the world’s first proposal for assessing noise from air taxis. 

Given the technology’s high likelihood of operating near people, keeping noise to a minimum will be crucial for eVTOL manufacturers, and EASA could help them do it. The agency said its findings from the proposed report could be used to create new type certification standards for eVTOL aircraft. Eventually, those provisions could be adopted by other agencies, such as the FAA.

Though there wasn’t much regulatory movement in other countries last month, key industry stakeholders will gather at several events in June. Keep an eye out for announcements from the International Conference on Unmanned Aircraft Systems, the EASA-FAA International Safety Conference, International Advanced Air Mobility Expo—and if you miss them, we’ll cover them all here in next month’s Regulatory Roundup.

The post US Regulations Seek To Expand AAM, Restrict Drones appeared first on FLYING Magazine.

Already, the company’s drones have been blacklisted by the Department of Defense and the Department of Commerce, and House Republicans are now looking to add them to the Federal Communication Commission’s Covered List. They’ve been outright banned from use by the Florida government and law enforcement agencies. And now, another state has done the same.

A new piece of legislation passed in Arkansas will prevent public entities, like law enforcement agencies, from using drones manufactured by “covered foreign entities,” a list that includes only Russia and China—and by extension, DJI. 

But unlike the Florida law, which is currently being challenged as an “unfunded mandate” as it will require agencies to rebuild their drone fleets out-of-pocket, Arkansas Act 525 will give public entities four years to remove the drones from service.

The rule was introduced in the Arkansas state legislature under the same grounds as bills being introduced in the federal government: national security. Like Reps. Elise Stefanik (D-New York) and Mike Gallagher’s (R-Wisconsin) Countering CCP Drones Act, lawmakers relied on unfounded accusations that DJI drones are spying on U.S. citizens and government activities.

“[DJI is] an extraordinarily bad actor,” said Rep. Brit McKenzie, one of the legislation’s cosponsors. “It’s a Chinese military company. We can call it 16 things under the sun, [but] that’s really what it is.”

McKenzie added that DJI drones can “link into devices, networks, and mainframes,” while DJI has reiterated that users have total control over what data is transmitted and has said specifically in a press release that it is not a “Chinese military company.”

“Any position or concern solely based on country of origin limits competition, innovation, and the availability of technology,” a DJI spokesperson told the Arkansas-Democrat Gazette.

It appears McKenzie is also worried about DJI drones’ low cost, positioning the ban as a national security measure and warning, “I have to think that that’s by design or intention.”

But the Arkansas lawmaker also claimed that protectionism did not factor into the ban, stating, “It’s not a protectionist bill. It’s a safety bill.”

DJI drones are known to be widely used among public safety agencies, with some estimates placing the firm’s market share close to 90 percent. In Florida, agencies have already scrapped hundreds of drones and are now faced with an unfavorable choice: build a new fleet with their own money, or go without drones and risk public safety. In short, they’re not happy.

“You can’t measure what these drones have brought to officer safety,” Palm Beach County Sheriff’s Office Col. Robert Allen told lawmakers at a hearing in March.

So far at least one Arkansas law enforcement agency, the Little Rock Police Department, has said it will use its drones as much as possible until replacements are needed, per the Gazette.

In cases where an agency believes its drones will last longer than the four-year phase-out period, a waiver would allow it to keep them in service. But like Florida’s legislation, the Arkansas rule does not allocate state funding to help agencies replace their defunct aircraft.

“A lot of these folks spend their own time building out these drone programs, often after buying their own drone, to familiarize themselves with it and to become proficient with it,” said Chris Fink, CEO of Fayetteville, Arkansas-based Unmanned Vehicle Technologies, which supplies public safety agencies with drones from both foreign and domestic manufacturers.

Fink criticized the lack of a funding mechanism for local government and law enforcement to rebuild their DJI-less fleets, arguing that the state should have devoted more time to that aspect of the rule.

It’s possible that, much like Florida’s rule, Act 525 is challenged on the grounds of being an unfunded mandate, placing an undue burden on law enforcement agencies to finance their own public safety technology. 

However, because it doesn’t require agencies to ground their DJI drones immediately, the Arkansas rule may have a little more staying power than its counterpart.

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