Earlier this month, the FAA and the European Union Aviation Safety Agency (âEASAâ) released updated certification guidance for eVTOL. The FAA published a Draft Advisory Circular (âDraft ACâ) 21.17-4, with broad guidance that will form the foundation for establishing certification criteria. The AC is open for comment until August 12, 2024. The same day, EASA updated its existing guideline and issued the Second Issue of the Special Condition for eVTOL, which reflects alignment with the FAA across certain performance criteria. A more streamlined regulatory certification framework will facilitate more efficient processes for manufacturers and greater harmonization of requirements globally â a hallmark of the aviation industry for decades. Draft AC Provides Generally Applicable Certification Criteria: Over the past few years, eVTOL manufacturers have been working closely with the FAA to develop certification standards for their unique aircraft. The Draft AC provides broader guidance to the industry by establishing how the…
The FAA added nine new companies to its Low Altitude Authorization and Notification Capabilities (LAANC) initiative. The press release is available here.   In addition to the five existing companies, the new companies will provide near real-time authorizations to small commercial drone operators to fly in controlled airspace near 500 airports. The FAA will open its application process for more LAANC partners in January 2019, and again in July 2019.
Last week, the FAA amended its Compliance and Enforcement Program for enforcement against drone operators that interfere with wildfire response. This update follows the FAA Extension, Safety, and Security Act of 2016, in which Congress authorized the FAA to penalize individuals up to $20,000 for knowingly or recklessly interfering with wildfire responses. FAA personnel must send cases to the FAA Chief Counselâs Enforcement office, signaling that the FAA believes enforcement action is the appropriate deterrent.
On Tuesday, the FAA posted an update in anticipation of the arrival of Hurricane Florence in the Carolinas this week, available here.  Today, the FAA issued an informational press release to drone operators for Hurricane Florence, available here. In addition to storm-related information for commercial airline travelers and Air Traffic Control impacts, the FAA warns drone operators that interfering with emergency responses may result in fines exceeding $20,000 and civil penalties. Although drone operators should heed FAAâs warning for safety and compliance reasons, drones can also be an important resource during disaster recovery. Opportunities for drones to help in the recovery of Hurricane Florence will include, among others: Search and rescue operations by local authorities; Insurance assessments for private property damage; and Infrastructure damage assessments. However, the proliferation of drones for recreational and commercial purposes has also posed a challenge to emergency response operations. The presence of a drone can…
On July 20, 2018, the FAA issued a press release to clarify its position on federal preemption of state and local laws relating to unmanned aircraft systems (UAS). The brief release reminds states and municipalities that they are preempted from regulating aircraft operations, including flight paths, altitudes, or navigable airspace. On the other hand, however, the FAA acknowledges that states and local governments have the power to regulate landing sites for drones through their land use powers.Â
On July 11, 2018, DOTâs General Counsel and FAAâs Chief Counsel sent a stern response to the Uniform Law Commissionâs (ULC) draft model tort laws for drones, claiming that the ULC had created an âincorrect impressionâ that their agencies concurred with the model rules and requested the ULC strike any reference to ULCâs contacts with DOT and FAA counsel. Although the agencies deny that they have taken an official position on the relationship between Federal regulation and State and local authority over drones, the letter explains that the FAAâs State and local drone law guidance does not support ULCâs suggested per se exclusion zone up to 200 feet. Â The FAA goes so far as to raise âdecades of established precedentâ would conflict with ULCâs proposed rule and that Federal courts have rejected the notion of applying traditional trespass law to aircraft overflights.
The letter highlights the increasing uncertainty of federal preemption over airspace laws as tensions between new federal, State, and local drone laws grow. Operators, on the other hand, want a settled legal landscape in which to operate. The drone industry should closely follow the development of ULCâs model rules, which may be the precursor to future State and local rules and play an important role in defining the future relationship of federal, State, and local regulation of drones.
As the second anniversary for FAAâs rules for the commercial operation of small UAS (sUAS)âPart 107âquickly approaches, this Insight Series will provide updates regarding on-going UAS rulemaking efforts since Part 107. Although Congress has required more FAA action and the industry has been clamoring for guidance to open the skies to UAS with new rules, the FAA has been limited in its rulemakings and many rulemakings have been significantly delayed. However, the recently released Report on DOT Significant Rulemakings (March 2018) and the Agency Rule List (Fall 2017) suggest the FAA is making progress and new rules will be proposed in 2018. Continue to follow our Insights for analyses of newly proposed and final UAS rules.
The Unmanned Aircraft Systems (âUASâ) Identification and Tracking Aviation Rulemaking Committee (âARCâ) released its recommendations to the Federal Aviation Administration (âFAAâ). Despite a lack of consensus on issues, the recommendations should help the FAA develop new rules for drone identification and tracking. Although the FAA was scheduled to publish an Advanced Notice of Proposed Rulemaking on identification (âIDâ) and tracking requirements in May 2018, the proposed rules remain under review by the Department of Transportation and have missed a February 2018 deadline for the Office of Management and Budget to start its review. It is unclear when the rulemaking will progress.
Launched in June 2017 to address concerns over ârogueâ drones flying in the National Airspace System (âNASâ), the FAA tasked the ARC with providing recommendations regarding UAS remote identification and tracking technologies. Comprised of three Working Groups; Existing and Emerging Technologies, Law Enforcement and Security, and Implementation, its membership represented a broad range of aviation and UAS industry stakeholders. Â The ARC met several times to educate the public, gather information, and to discuss and deliberate among members and finalized its report in September 2017.Â
Yesterday, the Department of Transportation (âDOTâ) published details of the new Unmanned Aircraft System (âUASâ or âdroneâ) Integration Pilot Program (âProgramâ) in the Federal Register. The White Office of Science and Technology Policy launched this Program to encourage State, local, and tribal governments to collaborate with private industry on innovative UAS operations. The Program is the most significant change in UAS regulation by the Trump Administration and could lead to unprecedented opportunities for companies to test drone applications that were previously restricted. Â
But time is of the essenceâcommunities and companies must move quickly to avail themselves of the new UAS opportunities. We encourage any interested parties to begin developing a plan and submit a Notice of Intent with the Federal Aviation Administration (âFAAâ) in the coming weeks. Details of the Program are explained below and are available in the Federal Register Notice.
The White House unveiled a highly anticipated Drone Integration Pilot Program (âProgramâ) that will allow state and local government to test different models for low-altitude regulation of drones, also known as unmanned aircraft systems (âUASâ). The Program represents a significant break from the Federal Aviation Administrationâs (âFAAâ) previous position to discourage state and local government involvement in most aspects of UAS operations and is designed to encourage private entities to undertake innovative UAS testing in the United States, such as drone package delivery.  It will create more opportunities for cutting-edge commercial UAS flights for communities and operators, but the FAA and commercial aviation will likely continue to resist expanded operations that pose safety risks, including flights near airports.