Last week, the FAA moved forward with rulemaking on expanded drone operations with the release of several key documents: (1) a Draft Notice of Proposed Rulemaking (NPRM) for Operation of Small Unmanned Aircraft Systems over People, (2) a Draft Advanced Notice of Proposed Rulemaking (ANPRM) for Safe and Secure Operations of Small Unmanned Aircraft Systems, and (3) the announcement of the Unmanned Traffic Management (UTM) Pilot Program. This alert, the second of two, addresses the Draft ANPRM for safety and security and the UTM Pilot Program. The first alert, which addressed the Draft NPRM, can be found here. Manufacturers of all small drones would be well-advised to review the questions and track industry comments regarding these proposed rules.

Draft ANPRM

The FAA is contemplating additional rulemaking to address safety and security concerns associated with small drone integration. Feedback from industry in response to the ANPRM will help the FAA determine the extent of future operational limitations under the Small UAS Rule. The Draft indicates that the ANPRM will seek comment on:

  • Requirements for stand-off distances (the space between a drone and the nearest person or object).
  • The utility of applying performance limitations to address safety and security concerns.
  • Categories of operations that should be subject to UTM requirements.
  • Additional restrictions on hazardous payloads.
  • System design requirements for complex operations outside the scope of the NPRM for operations over people.

The ANPRM is a precursor to a proposed rule. The FAA will not seek or solicit comments until the final ANPRM is published in the Federal Register. Like the Draft NPRM for operations over people, the Draft ANPRM does not address recreational operations of small drones. Accordingly, manufacturers of all small drones would be well-advised to review the questions and track industry comments as it may affect them. Many questions in the ANPRM address system design, so industry responses will likely influence future manufacturing rulemaking. Commercial pilots would also do well to review the Draft ANPRM carefully, as it addresses performance limitations that may affect commercial operations.

UTM Pilot Program

Despite receiving less media attention than the draft rules, the UTM Pilot Program (the Program) is an important piece of the FAA’s announcement.

The Program, which will run through September 2019, will develop and demonstrate an air traffic management system, similar to Air Traffic Control, for low-altitude unmanned operations. It will provide the FAA with crucial data for future UTM rulemaking. Through a competitive RFP process, the FAA selected three UAS test sites to assist the Agency in its effort to demonstrate a UTM system capable of safely integrating drones into the National Airspace System. The three selected sites are Nevada UAS Test Site Smart Silver State (Nevada), Northern Plains Unmanned Aircraft Systems Test Site (North Dakota), and Virginia Tech Mid-Atlantic Aviation Partnership (Virginia). Each site built a team of drone industry partners to participate in the demonstrations. Although the FAA has awarded agreements to three sites, the FAA Reauthorization Act of 2018 contemplates UTM testing at additional sites, indicating that drone industry stakeholders who are not on a selected team may still have the opportunity to participate in UTM development.

 

The full texts of the Draft NPRM and Draft ANPRM can be found here.

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Photo of Mary-Caitlin Ray Mary-Caitlin Ray

A former attorney for the Federal Aviation Administration, Mary-Caitlin represents aircraft owners, operators, and manufacturers as well as investors into aviation related businesses, advising on regulatory and transactional matters. Her clients come to her for practical and strategic advice on navigating complex aviation…

A former attorney for the Federal Aviation Administration, Mary-Caitlin represents aircraft owners, operators, and manufacturers as well as investors into aviation related businesses, advising on regulatory and transactional matters. Her clients come to her for practical and strategic advice on navigating complex aviation challenges. She has significant experience advising clients on the impacts of and solutions for emerging technologies in the aviation sector, including uncrewed aircraft systems (UAS or drones) and electric vertical takeoff and landing (eVTOL) aircraft.

Mary-Caitlin’s practice spans the crewed and uncrewed side of the aviation world.

She has advised Fortune 500 flight departments, high net worth individuals, and manufacturers and suppliers on regulatory concerns related to the operation and production of aircraft, including complex issues related to permitted compensation, pilot licensing, operating structures such as dry leasing, timesharing and fractional ownership agreements, and emergency and Letter of Investigation response related to quality escapes and incidents. She also represents clients in the acquisition and sale of business aircraft, including cross-border transactions requiring the export or import of aircraft.

Mary-Caitlin counsels drone and eVTOL manufacturers, operators, and owners on all aspects of FAA regulatory compliance, including the business impacts of the evolving global regulatory framework for emerging aviation technologies. She also advises drone manufacturers and operators developing internal aviation-related corporate policies and best practices.

Mary-Caitlin has significant experience advising investors on the regulatory implications of investment into a wide array of aviation-related businesses, including MROs, manufacturers (including eVTOL manufacturers), and businesses that own and/or operate aircraft.