As the 119th Congress convenes and the Trump administration returns to the helm, the advanced air mobility (AAM) industry stands at a pivotal juncture. Air taxis and other next generation modes of crewed and autonomous aerial transport have captured the American psyche. Recent legislative and regulatory developments have set the stage for rapid advancements in AAM, but significant challenges and opportunities remain. The recent D.C. crash underscores the critical need for skilled air traffic professionals to ensure safety in increasingly complex and evolving airspace.
Progress and foundations
The passage of the FAA Reauthorization Act of 2024 was a pivotal moment for AAM, allocating $105 billion for FAA programs over five years and emphasizing streamlined certification for eVTOL aircraft and clear operational rules for powered-lift aircraft. Widely supported by AAM leaders and aviation stakeholders, this legislation prioritizes the regulatory clarity needed to foster innovation and reduce uncertainty. The FAA must now certify AAM aircraft, plan integration, and address funding and staffing. In the meantime, AAM should align with the existing taxation system, with policy discussions needed on its role within the traditional aviation model. The regulator’s ability to adapt quickly to industry changes is crucial for proactive infrastructure development.
Complementing this legislative progress is the FAA’s proposed rule RIN 2120-AL72, which aims to integrate powered-lift aircraft into the National Airspace System (NAS). This rule introduces temporary regulations for pilot certification and operational standards for eVTOLs, crucial for ensuring safety and efficiency during this nascent phase. These measures reflect a robust framework designed to support the safe and effective deployment of AAM technologies.
“The AAM/[uncrewed aerial systems (UAS)] industry relies on a number of emerging technologies and infrastructure development to support safe integration into the NAS,” Lisa Bee, director of air traffic services at Viasat, told us regarding the proposed rule. “Rulemaking is a critical enabler for manufacturers, developers, and service suppliers.”
The Trump administration’s legacy
Reflecting on the Trump administration’s previous track record reveals a mixed but forward-leaning approach to AAM and UAS. Notably, the administration updated the export policy for United States-origin drones, reinterpreting the Missile Technology Control Regime guidelines to facilitate the export of certain drones. This policy shift aimed to bolster U.S. economic and national security by expanding the UAS market. The FAA, under Trump’s leadership, also made strides in developing regulatory frameworks for AAM and UAS. This included the establishment of testing corridors and collaborative efforts with NASA and other stakeholders to promote innovation and infrastructure development. These efforts laid a foundational bedrock upon which the industry can now build, and we predict that certification work surrounding some of the nascent technologies like AAM vehicle take off and landing protocols will receive an immense amount of agency focus.
Challenges and opportunities
Heading into the new administration, the AAM/UAS industry faces both challenges and opportunities. Regulatory clarity, while improved, still requires refinement. A fact alluded to recently by Senator Ted Cruz (R-Texas) during the nomination hearing of former Congressman Sean Duffy, Trump’s pick to head the U.S. Department of Transportation. The FAA’s temporary rules need to evolve into permanent, comprehensive regulations that ensure safety without stifling innovation.
Infrastructure development remains another critical area necessary for global competitiveness and increased urbanization. The FAA Reauthorization Act’s provisions for vertiport design and integration into the NAS are steps in the right direction, but substantial investment and coordination at federal, state and local levels are necessary to create a robust AAM/UAS ecosystem. The U.S. must maintain its leadership in aviation, or risk falling behind countries like China, the UAE and Japan. These nations are at different stages of AAM development, with China already issuing an Advanced Air Mobility certificate and using vehicles to transport people.
The ideal use case in the U.S. is to enhance existing aviation infrastructure and expand it into independent facilities, much like how Uber and other disruptive concepts have transformed the transportation industry. This could be applied to high-demand routes between major urban hubs — such as Boston to New York, or the Dallas-Houston-San Antonio triangle, as well as for large-scale events like the Olympics or the Super Bowl, where these vehicles could transport people efficiently. In the near term, private funding will drive the initial lift, with public funding gradually increasing over time. Congress must identify and clarify how AAM fits into the schematic for the sector. Appropriating additional funding will ensure that the FAA can certify these vehicles, have the appropriate staffing and ensure the UTM is beyond reproach with respect to providing situational awareness to the personnel responsible for oversight.
Additional vital components for the safe integration and commercial operation of AAM include technologies such as command and control communication links for Beyond Visual Line of Sight (BVLOS) UAS operations and UAS Traffic Management (UTM). BVLOS is a critical and fundamental enabler for full-scale operations of many different AAM operators and service suppliers, and UTM will unlock the requisite safety services and data exchange protocols necessary to safely and efficiently support multiple BVLOS operations. The law directs FAA action, including the development of policies, procedures and rule-making to approve BVLOS operations and third-party UTM service suppliers.
“Viasat and its industry partners are working closely with the FAA to develop, test and demonstrate the enabling technologies and concepts in support of the FAA’s regulatory and policymaking efforts,” Bee said.
Moreover, international collaboration and alignment with global standards will be vital. As the U.S. takes bold steps domestically, ensuring compatibility and cooperation with international aviation bodies will help maintain a competitive edge in the global market, and will help American AAM companies avoid undue global regulatory hurdles in the future.
Looking ahead
The 119th Congress and the Trump administration share a unique opportunity to solidify the U.S.’s leadership in the AAM industry. Building on the legislative and regulatory frameworks established, the focus must now shift to implementation, innovation and infrastructure development.
“A vital new industry is at the threshold and awaiting the rulemaking and policies to allow it to develop and operate to scale,” Bee observed when discussing the new administration’s outlook on the industry.
The advanced air mobility industry, along with its trade associations and advocacy groups, has a critical role to play in shaping the sector’s trajectory during this transformative period. Industry stakeholders can drive progress by engaging proactively with Congress and the new Trump administration to ensure policies align with technological advancements and operational realities.
Through concerted lobbying efforts, industry groups can advocate for increased federal funding for AAM infrastructure, such as vertiports, urban air corridors, charging stations and 3rd party services. The regulator’s quick response is vital for infrastructure development. The FAA must certify AAM aircraft and plan their integration into national airspace, covering funding and staffing. Until then, AAM’s mass use must align with the current taxation system. A policy discussion is needed to determine where AAM fits, as traditional aviation tax laws do not account for these emerging technologies in both urban and rural areas. They can also help shape workforce development programs, and critical safety measures that prepare a new generation of pilots, technicians, and engineers to meet the sector’s demands. Collaborative partnerships with the administration and Congress can also ensure that emerging regulations prioritize safety while remaining flexible enough to accommodate innovation.
By embracing these opportunities and addressing the challenges head-on, the 119th Congress and the new Trump administration can pave the way for a new era in aviation, one where America leads in advanced air mobility becoming a cornerstone of modern transportation that strikes a critical balance between advancing AAM and implementing robust regulations that safeguard both passengers and the rapidly evolving industry.
Rod Hall is a Senior Policy Advisor with Nelson Mullins. He is the former Assistant Administrator for Government & Industry Affairs with the Federal Aviation Administration.
Jake Kohn is an attorney and Senior Policy Advisor with Nelson Mullins. He advises in areas of government relations and regulatory affairs, with experience ranging from health care to transportation, workforce development, foreign affairs and infrastructure.
Liz Demaree is a Senior Policy Advisor with Nelson Mullins. She advises on international, government, healthcare, energy and crisis issues.
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