AMERICAN AVIATION ACT PASSES HOUSE, PENDING BEFORE SENATE
September 28, 2023
On July 20, 2023, the U.S. House of Representatives passed H.R. 3935, the Securing Growth and Robust Leadership in American Aviation Act (the “Act”). The Act is now before the U.S. Senate for review and debate. The current version of the Act includes provisions on FAA organizational reform, increasing pilot protections, and improving airport infrastructure. In Title VI, “Aerospace Innovation,” the Act details new requirements for unmanned aircraft systems (“UAS”), advanced air mobility (“AAM”), and commercial space launches and reentry. Specifically, Section 652 includes a congressional mandate for the Federal Aviation Administration (“FAA”) to publish the final rule establishing procedures for certifying powered-lift pilots and applying the operational rules to powered-lift operations within 13 months of the Act’s enactment. In addition, Section 265 directs the FAA to update low altitude routes and flight procedures for powered-lift, requiring the Administrator to consult with powered-lift operators and “other relevant stakeholders” when crafting the revised rules.
In Title VII, “Passenger Experience Improvements,” the Act includes new requirements for family seating, seat dimensions, airplane drinking water, accessibility, and several other consumer protection provisions. Section 726 would require, for example, that all domestic and foreign air carriers provide complementary drinking water to passengers on flights with a scheduled duration of 1 hour or more. Further, Section 719 would require the Department of Transportation (“DOT”) to issue a notice of proposed rulemaking directing air carriers to sit young children adjacent to an accompanying adult at no additional cost. The House’s full version of the Act, subject to Senate amendments, approval, and debate, is available for review online.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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