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On February 3, 2016, Representatives Bill Schuster of the House Transportation and Infrastructure Committee introduced H.R. 4441, the Aviation Innovation, Reform and Reauthorization Act of 2016 (“AIRR Act”).  The AIRR Act is a six year re-authorization of the Federal Aviation Administration (“FAA”) and addresses, for example, reforms to air traffic control, FAA’s certification processes, and funding for airport infrastructure.  The full text of the AIRR Act can be found here, and a summary prepared by the House Transportation and Infrastructure Committee can be found here.  Importantly, the AIRR Act also contains a number of proposed reforms to facilitate the greater introduction of Unmanned Aircraft Systems (“UAS”) into the national air-space system. 

The Federal Aviation Administration (FAA) and the Occupational Safety and Health Administration (OSHA) have once again teamed up to coordinate efforts in enforcing a federal air carrier safety law. These agencies recently released a Memorandum of Understanding (MOU), the purpose of which “is to facilitate coordination and cooperation concerning the protection of employees who provide air safety information under . . . 49 U.S.C. § 42121,” the whistleblower protection provision of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR-21).  This agreement replaces a previous MOU between the agencies dated March 22, 2002, but the agencies’ other previous MOU, from August 26, 2014, remains intact.

Without taking a position regarding the merits of any of the petitions for exemption that seven aerial photo and video production companies submitted to the FAA last month, Husch Blackwell LLP voiced its support for the exemption process to permit commercial operation of unmanned aircraft systems (UAS).  In response to the FAA’s request for comment, Husch Blackwell noted in its submission (submitted by Co-Chairs of the firm’s UAS team Tom Gemmell and David Agee, with assistance by Amanda Tummons) to the FAA’s Notice that while there are legitimate concerns regarding the use of UAS, the technology is here to stay and it should be allowed when commercial businesses can demonstrate parameters to ensure safe operations.

While pressure mounts for the FAA to issue regulations to incorporate unmanned aircraft systems (UAS) into national airspace systems and the challenges to the FAA’s current positions on UAS are in judicial limbo [see Commercial Use of Unmanned Aerial Systems? Are they legal? and FAA Faces Recent Challenges Over Restrictions on Operation of Unmanned Aerial Systems (UAS)] the FAA continues to move forward with the mandates set forth in the FAA Modernization and Reform Act of 2012.

On July 29, 2006 a De Havilland DHC-6 Twin Otter departed the Sullivan, Missouri Regional Airport on a local skydiving flight.  Shortly after liftoff the right engine failed, the aircraft lost altitude, and crashed about ½ mile beyond the end of the runway. All on board died.

The National Transportation Safety Board (NTSB) found that the right engine turbine blades failed but could not determine the cause of the failure.