McCarty and Heideman Air Safety Enhancement Act
- Sponsor
- Sen. Merkley, Jeff [D-OR]
- Committees
- Commerce, Science, and Transportation Committee (primary)
- Last action
- Jul 15, 2026
Bottom line
This bill aims to enhance low-altitude airspace safety by requiring the FAA to modernize its rules and outreach regarding temporary obstructions and aviation hazards.
What it actually does
This bill mandates the Federal Aviation Administration (FAA) to review and update its regulations, policies, and guidance related to low-altitude airspace safety. The review must specifically consider temporary obstructions like slacklines, tight ropes, and wires, aiming to improve their marking, lighting, and identification. It also seeks to enhance the digital depiction of obstacles in flight planning tools, improve coordination with land management agencies, assess penalties for violations, and boost outreach to non-aviation communities whose activities may create hazards. If current policies are deemed inadequate, the FAA must update them within one year.
Proponents argue
Supporters argue that this bill is a crucial step to prevent tragic accidents involving low-flying aircraft and temporary, often hard-to-see, obstructions. They contend that current FAA policies may not adequately address modern recreational activities or temporary installations, leading to preventable risks for pilots and passengers. Updating regulations, improving data dissemination, and increasing public awareness will proactively safeguard low-altitude flight operations.
Opponents contend
Critics might argue that while safety is paramount, the bill could lead to an overregulation of recreational activities or place undue burdens on individuals and land management agencies to mark temporary installations. They might contend that existing regulations are sufficient if properly enforced, or that the specific focus on 'slacklines' might be too narrow, potentially diverting resources from broader, more significant aviation safety concerns.
The bill is very short and clear, allowing for a quick and thorough understanding of its provisions.
Section 2(a) and 2(b)
Mandate for FAA Review and Update of Low-Altitude Airspace Safety
This provision requires the Administrator of the Federal Aviation Administration (FAA) to conduct a comprehensive review of existing policies and regulations related to low-altitude airspace safety within six months of the bill's enactment. The review must identify potential improvements, particularly concerning the marking and lighting of temporary obstructions like slacklines, tight ropes, and wires. If the review finds current policies inadequate, the FAA must update its regulations, guidance, or policies within one year.
Supporters argue
Supporters argue that this provision is essential for modernizing aviation safety standards to account for evolving land use and recreational activities. They contend that a proactive review and update process, informed by diverse stakeholders, will close critical safety gaps, particularly concerning temporary obstructions that pose significant risks to low-flying aircraft.
Critics contend
No specific organized opposition is typically raised against a mandate for a safety review. However, some might express concerns about potential overreach or the administrative burden on the FAA and affected communities if new regulations are overly prescriptive or costly without clear evidence of widespread risk.
Tradeoffs
The primary tension lies between enhancing aviation safety by regulating temporary obstructions and potentially imposing new burdens or restrictions on recreational users or land managers. The bill aims to balance these by requiring consultation with stakeholders and a measured review process.
Section 2(c)
Congressional Briefing on Review Findings and Recommendations
This provision requires the FAA Administrator to brief relevant Congressional committees (Senate Commerce, Science, and Transportation; Senate Appropriations; House Transportation and Infrastructure; House Appropriations) within 90 days after completing the review. The briefing must cover the findings of the review, the planned updates to regulations or policies, and any recommendations for legislative action deemed necessary by the Administrator to further improve low-altitude airspace safety.