Congress has recently taken actions to restrict access to some foreign-made UAS products, targeting specific countries such as China and Russia, as seen in 15 CFR 791.4, Public Law 118-31, and Public Law 118-159.
Currently, the Department of Commerce’s Bureau of Industry and Security (BIS) has released an Advanced Notice of Proposed Rulemaking (ANPRM), seeking public comments and information on issues relating to securing data and communications technology used in foreign-made UAS. If the BIS finds sufficient reason, regulations can be issued in order to “address undue or unacceptable risks to U.S. national security.”
These regulations could potentially affect model aircraft operators, manufacturers, retailers, and our hobby as a whole because most UAS operated by our members are foreign made. AMA is currently drafting our public comments, as well as working with others in the industry to ensure our voice will be heard.
It’s important to remember that rulemaking and regulations take time, and this is the first step of many. This ANPRM will be used by the bureau to gather information, answer questions, and give a general direction in which to proceed. From there, a Notice of Proposed Rulemaking (NPRM) will be issued and will include the first draft of the rule. This will be another opportunity to comment on and engage should it need revisions. After that, the NPRM public comments will be adjudicated, changes to the NPRM may or may not be made, and a Final Rule will be issued. Please note that everyone can review the ANPM and submit a public comment. Public comments can be submitted by one of the following methods:
· Visit the Federal eRulemaking Portal at www.regulations.gov/search?filter=BIS-2024-0058.
· Email directly to UnmannedAircraftSystems@bis.doc.gov and include “RIN 0694-AJ72” in the subject line.
To remain current with the most recent government-related news, regularly visit the AMA Government Affairs blog. If you have any further questions or concerns, contact the Government Affairs department at (765) 287-1256 or amagov@modelaircraft.org.