Over the weekend, House and Senate negotiators reached an
agreement on a five-year FAA reauthorization. Yesterday, the U.S. House of
Representatives approved the bill by a vote of 398-23. The Senate is expected
to approve the bill too once its schedule opens up to allow for the vote.
Bowing to the powerful communications industry, the
bill contains language that would solely require the logging into a
database communication towers in rural areas between 50 and 200 vertical feet
and an above-ground base up to 10 feet in diameter. Unlike meteorological evaluation towers, or
METs, communication towers meeting this physical description wouldn’t have to
both mark their towers and log their coordinates into a database, they would
just be required to log coordinates into a database.
In 2016, NAAA was successful in having Congress enact a law
requiring the marking and logging of such towers into a database. The wireless
communications industry came out in force against these marking requirements
and, again, under this bill, communication towers that meet the 2016
requirements must be marked or placed into a database, but they would not be
required to do both. MET towers would still be required to be both marked and
put in a database.
Congressman Sam Graves (R-MO) pushed for language that
non-MET towers constructed before the regulation goes into effect would have a
choice to either mark or log into a database (METs would be required to do
both); however, all newly constructed towers should be both marked and put into
a database. The NAAA/Graves proposed compromise addressed the communication tower
industry’s biggest arguments of the cost and safety challenges of marking existing,
erected towers. All future towers could be properly marked
before the tower is erected to address these concerns.
Despite this compromise not making it through, this will not
be the last time NAAA visits with Congress on this issue. The NTSB is in the process of potentially
revising a safety alert by recommending all towers fitting these physical
characteristics (under 200 feet, narrow circumference) regardless if they are
METs or communication towers be properly marked and logged. When this safety
alert is issued, it should be an important tool in convincing more members of Congress
to strengthen tower marking requirements. Additionally, Congressman Graves is a
contender to be Chairman of the House Transportation and Infrastructure
Committee during the next Congress should Republicans hold the House of
Representatives.
FAA Reauthorization
and UAVs
The FAA reauthorization bill does contain some critical
provisions concerning the safety of UAVs, most importantly the repeal of
Section 336 of the FAA Modernization and Reform Act of 2012, something NAAA has previously
asked for. Under section 336, the FAA does not have the authority to
regulate model aircraft. The repeal of section 336 means the FAA could impose
vital safety requirements on drone hobbyists, such as tracking and ID
requirements. The proposal also requires hobbyists take an aeronautical
knowledge and safety test, as well as register their aircraft with the FAA.
Language is also included allowing the Department of
Homeland Security and the Department of Justice to "identify, seize or
destroy errant drones" if the agencies deem they pose a threat such as
interfering with critical infrastructure like prisons, military bases or power
plants.
Additionally, a provision inserted by Senators Cory Gardner
(R-CO) and Michael Bennet (D-CO), would make it a crime to fly a UAV near a
wildfire, interrupting aerial firefighting operations. A violation of this law
would be punishable by a fine or up to two years in prison.