THE VOICE OF AIRPORTS REPORT OF ACI-NA MULTI-COMMITTEE TASK FORCE ON UNMANNED AERIAL VEHICLES

Transcription

1 THE VOICE OF AIRPORTS REPORT OF ACI-NA MULTI-COMMITTEE TASK FORCE ON UNMANNED AERIAL VEHICLES AUGUST 2016

2 Table of Contents Introduction...3 UAV Operations in the Vicinity of Airports...4 UAV Use on Airport...10 Other Legal & Regulatory Issues Associated with UAV Operations On or Near Airports ABOUT ACI-NA Airports Council International-North America (ACI-NA) represents local, regional, and state governing bodies that own and operate commercial airports in the United States and Canada. ACI-NA member airports enplane more than 95 percent of the domestic and virtually all the international airline passenger and cargo traffic in North America. Approximately 380 aviation-related businesses are also members of ACI-NA, providing goods and services to airports. Collectively, U.S. airports employ more than 1.2 million people and account for $1.1 trillion in economic activity. Canadian airports support 405,000 jobs and contribute C$35 billion to Canada s GDP Airports Council International North America Airports Council International North America 1615 L Street, NW, Suite 300 Washington, DC // Task Force Report on UAVs

3 1 Introduction In January 2016, Airports Council International-North America (ACI-NA) convened an industry task force to evaluate the range of issues associated with the use of unmanned aerial vehicles (UAVs) 1 at and near airports in the U.S. and Canada. This task force considered operational, regulatory, legal, and liability issues associated with UAV operations, with particular focus on small UAV operations (i.e., those weighing 55 pounds/25 kilograms) or less. This report summarizes the task force findings. The purpose of the report is to provide airport members with a set of issues and options to consider as they: develop policies concerning UAVs, consider requests by third parties to operate UAVs near airports, and evaluate whether there are uses of UAVs that can help them operate and manage their facilities. The report is organized in the same manner that the Task Force itself was organized with issues grouped in the following three categories: Issues associated with UAV operations in the vicinity of airports Issues associated with UAV operations at airports Additional legal, regulatory, or legislative considerations In many places, these three categories of issues overlap, particularly in the area of Federal Aviation Administration s (FAA s) and Transport Canada s (TC s) regulatory frameworks. Accordingly, there is some duplication of discussion in the three sections of the draft report below. 1 Aircraft that are flown without human pilots on board have been referred to by a variety of terms and acronyms by those in the industry, government officials, media, and public at large. These terms include remotely piloted aircraft systems (RPAS), which has been adopted by the International Civil Aviation Organization; unmanned aircraft systems (UAS) and unmanned aircraft (UA), both of which have been adopted by the Federal Aviation Administration (FAA) and Transport Canada (TC); and drones, which has been broadly adopted by the media and public at large. In this document, we use the term unmanned aerial vehicle (UAV) to encompass all of these terms and acronyms. The FAA also uses the term suas to denote Small UAS, i.e., UAS under 55 pounds. Airports Council International North America // 3

4 2 UAV Operations in the Vicinity of Airports This section addresses issues associated with UAV operations in the vicinity of airports. Although the U.S. and Canada have slightly different UAV classifications, at present, the biggest issues associated with UAVs operating in the vicinity of airports in both countries have involved small (i.e., up to 55 pounds/25 kilograms) UAVs, since these are the most common types UAV operators currently seek to operate near airports. Large UAVs (i.e., those weighing more than 55 pounds/25 kilograms) generally require special approvals from FAA or Transport Canada, including aircraft airworthiness certification and pilot certification/licensing. Much of the discussion that follows, thus, deals with small UAVs. REGULATORY JURISDICTION The Federal Aviation Administration (FAA) and Transport Canada (TC) have the exclusive statutory authority over airspace in the United States and Canada, respectively. Both the FAA and TC have broad authority over the regulation of airspace from the surface up to flight level 600 (i.e., 60,000 feet above mean sea level). This includes the airspace in which small UAV generally operate from the surface through 400 feet above ground level. The implications of this jurisdiction are discussed in greater detail in the regulatory and legal issues section of this document. It is important to understand that airport operators in the U.S. and Canada do not have authority to regulate airspace. However, local governments, including airport authorities, may have some authority to regulate operations on the ground (e.g., UAV landings and takeoffs), particularly on property they own. 2 Depending on an airport s governance structure, it may also have the authority to regulate operations in the vicinity of the airport (e.g., if an airport is operated by a county or city government that has land use or zoning authority). Keep in mind, however that the FAA has stated: UAS are permitted users of the National Airspace System (NAS), just like any existing manned aircraft flight. Congress confirmed in Public Law , the FAA Modernization and Reform Act of 2012, that UAS are aircraft consistent with the statutory definition of an aircraft as set forth in Title 49 of U.S.C 40102(a) (6). This means that UAS operators can utilize the NAS as long as the operator of the UAS meets all applicable laws and regulations and operates the UAS in a safe manner. 3 Transport Canada views UAVs in a similar manner, stating: Transport Canada regulates the use of all aircraft, manned or unmanned, to keep the public, the aviation community, and Canada s airspace safe. UAV users are considered pilots and as such, are legitimate airspace users. 4 Thus, both regulators see UAVs as aircraft that must be accommodated in the airspace, provided that such 2 See Section 3, UAV Use on Airport, Ability to Regulate/Control UAV Use on Airport, below for limitation on this authority in the U.S CARAC Activity Reporting Notice # , Notice of Proposed Amendment (NPA): Unmanned Air Vehicles, May 28, // Task Force Report on UAVs

5 accommodation can be accomplished safely and in accordance with the laws and regulations that govern airspace operations. As a consequence, airport operators in the US and Canada have limited ability to implement broadreaching UAV prohibitions at their facilities. Rather, under current regulations and legislation, airport operators will need to be able to accommodate UAVs at their facilities provided the operators of these aircraft can do so safely and in accordance with FAA/TC regulations. Fortunately for airport operators, most small UAVs can be launched without traditional airport infrastructure (e.g., runways and taxiways), and thus do not require airport facilities to operate. In most cases UAV operators opt not to operate from an airport unless the mission they are flying requires them to do so. This situation may change in the coming decade as larger UAVs those that require airfield infrastructure to operate enter the market. Issues associated with accommodating these types of aircraft are described in greater detail in Section 3 of the report. Both the FAA and TC have also drawn key distinctions among UAVs operated for commercial purposes (i.e., for financial gain or in support of a business), public purposes (i.e., by governmental entities such as law enforcement or emergency services), and recreational or hobby use. In both countries, UAVs operated for commercial and public purposes are subject to official approval and certification by the FAA or TC, whereas those operated purely for recreational purposes need to operate in accordance with standards established by the modeling community. In the U.S., this distinction has been established by statute, with the FAA being proscribed by Congress from regulating certain aspects of recreational UAV operations. 5 COMMERCIAL AND PUBLIC USE OF SMALL UAVS BY THIRD PARTIES NEAR AIRPORTS There are a variety of reasons that commercial or public operators may want to operate small UAS the vicinity of an airport, such as: Land surveying, including agricultural and geotechnical surveying Building/facility inspection Aerial photography Facility surveillance News gathering Traffic reporting Law enforcement Emergency response The term near airports has been defined in different ways in the U.S. and Canada. In the U.S., for commercial operators, the FAA has defined the term as a circular area with a radius of 5 nautical miles centered at the airport s airport reference point (ARP). 6 As noted below, FAA applies a different standard to recreational UAVs, requiring the operators of them to notify airport operators if they intend to operate within 5 statute miles of an ARP. 7 TC is currently considering using a circular area with either a 5 nautical mile or 11 nautical mile radius as the minimum distance from aerodromes that small UAVs (limited operations) should be permitted to operate. 8 5 Pub. L , Sec statute miles = 26,400 feet; 5 nautical miles = 30,381 feet. 8 Airports Council International North America // 5

6 In the U.S., commercial UAV operators seeking to operate within the aforementioned areas are currently required to work with local air traffic control representatives (if the airport has an airport traffic control tower) and the airport operator to develop a letter of agreement (LOA) that details how the UAV operator will ensure its operations are conducted in a safe manner that does not interfere with manned aircraft operations at the airport. These UAV operators are also required to have a Certificate of Waiver or Authorization (COA) issued by the FAA to be able to operate. These COAs are currently issued in accordance with Section 333 of the FAA Modernization and Reform Act of Similar processes apply to public UAV operators under Section 334 of the Act. These approval mechanisms are being supplemented by new FAA rules governing small UAV operations announced on June 21, POTENTIALLY CONFUSING UAV AIRPORT NOTIFICATION REQUIREMENTS IN THE US On June 21, the FAA issued a new rule, 14 CFR Part 107, governing small commercial UAV operations. When this rule becomes operative in late August 2016, operators of small commercial UAVs will be able to operate either under a Section 333 COA or under the provisions of 14 CFR Part 107. The new rule creates some additional confusion regarding the airport notification/ requirements. The rule includes the following two provisions related to airports and airspace in the vicinity of airports: Operation in certain airspace. No person may operate a small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from Air Traffic Control (ATC) Operation in the vicinity of airports. No person may operate a small unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base. Unlike Section 333 exemptions, the rule does not appear to include any requirements for UAV operators to either notify or seek approval from airport operators regarding their intent to operate near airports. It remains to be seen whether such requirements will emerge as the FAA develops policies and procedures supporting the rule. Note also that some commercial UAV operators may opt to operate under Section 333 exemptions despite the new Small UAS Rule and may continue to seek letters of agreement from airport operators as a condition of receiving their Certificate of Authorization (COA) to operate. Statutory language in Section 333 of the FAA Modernization and Reauthorization Act of 2012 which requires the operators of recreational UAVs to notify airport operators if they plan to operate within five statute miles of an airport further muddies the notification waters. The briefing paper The FAA s New Small UAS Rule: What Airport Sponsors and Local Governments Need to Know, published by Kaplan Kirsch & Rockwell LLP, provides additional details regarding this confusing and overlapping regulatory framework. In Canada, TC is expected to have a similar process in place that would permit what TC has termed complex operations by small UAVs in the vicinity of airports with comparable requirements to manned aircraft. However, TC s current regulatory proposals do not appear to define how airport operators need to engage with small UAV operators engaged in complex operations. 9 Note that Section 333 COA processes remain in force. These were created by statute and will remain in force until this statutory provisions are repealed or are allowed to expire. 6 // Task Force Report on UAVs

7 RECREATIONAL USE OF SMALL UAVS NEAR AIRPORTS In the U.S., recreational use of small UAVs is governed by different, community-based standards rather than by rules promulgated by the FAA. As mentioned previously, this treatment of recreational UAVs is explicitly established by Section 336 of the FAA Modernization and Reauthorization Act of As this section states: the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if (1) the aircraft is flown strictly for hobby or recreational use; (2) the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization; (3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a communitybased organization; (4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and (5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)). Paragraph (5) above has been interpreted by the FAA to mean a five statute mile radius centered on an airport s airport reference point. This differs slightly from the five nautical mile radius that is applied to commercial and public UAV operations. In its guidance to airport operators regarding small recreational UAV operations 10, the FAA notes that an airport operator can object to model aircraft flights near its airport if the airport operator determines the UAV activity would endanger the safety of the national airspace system. However, the FAA also notes that the airport operator cannot prohibit or prevent the model aircraft operator from operating. Thus, this is an area that warrants further clarification from the FAA. In Canada, TC is currently weighing options for accommodating small UAVs operated for recreational purposes. These options include an approach similar to the U.S. approach namely carving out special community-based operating standards under which recreational UAV users would be exempt from more formal rules promulgated by TC Airports Council International North America // 7

8 ISSUES SMALL UAV OPERATIONS IN THE VICINITY OF AIRPORTS There are a variety of issues that arise regarding small UAV operations in the vicinity of airports that airport operators in the US and Canada will need to address. These include the following: 1. How should airport operators respond to UAV operator requests for Letters of Agreement (LOAs) from commercial or public operators? Answering this question will necessitate consideration of the safety, liability, and enforcement issues associated with these LOAs, which will vary depending on the proposed UAV operation, airport operating characteristics, and air traffic operating environment among other factors. 2. What mechanisms, if any, do airport operators have to limit UAV operations in the vicinity of the airport in the event the airport operators determine them to be unsafe or having an adverse impact on manned aircraft operations? In the U.S., the FAA has taken a strong position that airport operators cannot deny UAV operators access to airports provided a commercial/public UAV operator has an approved Certificate of Authority (COA) in hand or a recreational UAV operator has notified the airport operator of its intended operations. Nonetheless, airport operators can voice their objection to such operations to the FAA and document these concerns in writing. In cases where an airport operator has concerns about the impact of UAV operations on the safety, efficiency, or security of manned aircraft operations, documenting these objections and notifying the FAA (and perhaps TSA) of them would be advisable from safety and liability perspectives. 3. How should airport operators prepare for UAV operations in their vicinity? Regardless of whether the operators are recreational, commercial, or public, planning ahead for addressing UAV notifications and requests for LOAs is highly advisable. This planning can include conducting basic safety risk assessments to determine where UAV operations would raise substantive safety concerns (e.g., along final approach and initial departure courses; in areas used for flight training or other low altitude activity), coordinating with local air traffic representatives (if the airport is a controlled facility); and engaging in outreach activities with the UAV operator community so that they understand airport operational issues and safety concerns. It is also advisable for airport operators to develop materials that can be displayed on the airport s website regarding how UAV operators need to coordinate with the airport in the event they plan to fly in the airport vicinity. 4. What if airports do not have the resources to accommodate UAV operator requests for LOAs/notifications of their intent to operate? Airport operators, particularly operators of small facilities with small staffs may find themselves overwhelmed with requests from UAV operators, with potentially adverse safety, liability or operational consequences. In such cases, options include informing the FAA or TC of workload limitations and associated safety concerns and documenting these concerns, publishing standing notices to airmen (NOTAMs) citing frequent/high volumes of UAV activity in the vicinity of the airport, coordinating with the airport user community to ensure they are aware of the presence of frequent UAV operations in the airport vicinity, and reaching out to key UAV users in the local community to develop collaborative approaches to reducing UAV activity in the vicinity of the airport. Although these options themselves involve some effort and staff time, they may be less time intensive than dealing with individual requests. Some of the preparation advice noted in Item 3 above may also help these operators reduce the workload associated such requests. 5. How should airport operators deal with hazardous UAV operations near the airport, whether the operator is authorized to operate or not? There are considerable grey areas regarding what airport operators can do in the event UAVs are operated in a manner that endangers manned aircraft operations, people, or facilities on or near an airport. In the U.S., the FAA has stated that while it retains the responsibility for enforcing Federal Aviation Regulations including those applicable to the use of [UAVs], it recognizes that State and local law enforcement agencies are in the best position to deter, detect, immediately investigate, and, as appropriate, 8 // Task Force Report on UAVs

9 pursue enforcement actions to stop unauthorized or unsafe [UAV] operations. 11 The FAA has also noted airport operators (at least certificated airport operators) have the responsibility to keep their airport and the surrounding areas free from hazards that could impact the safe operation of the airport. 12 These statements indicate that the FAA expects local law enforcement and airport operators to assume some additional roles for detecting and deterring hazardous and unauthorized UAV activity. The FAA doesn t explicitly discuss the resources necessary to perform these functions in terms of personnel, technology, and dollars, but these are major concerns for both local law enforcement and airport operators. ACI-NA objects to both of these interpretations and is working with FAA to clarify what we believe are erroneous interpretations of federal regulations and assignment of enforcement responsibilities. LARGE UAV OPERATIONS Large UAVs have been defined in the US and Canada as UAVs that weight more than 55 pounds. Because of their size and operating characteristics, large UAVs need to be certified by either the FAA or TC in much the same way that manned aircraft do. Moreover, with limited exceptions, these aircraft operations are currently segregated from manned air traffic. At present, there are limited numbers of large UAVs in use within the U.S. and Canada. Many of the UAVs are operated by the U.S. or Canadian military, other government agencies, or by corporate entities for specific research purposes within dedicated airspace. There are multiple research and development efforts underway sponsored by the FAA, NASA, the US Department of Defense, Transport Canada, and the National Research Council Canada that are focused on integrating large UAV into U.S. and Canadian national airspace systems. As these research efforts progress and large UAVs mature, it is expected that some of these aircraft will operate at airports, either utilizing segregated UAV facilities or in an integrated fashion with manned aircraft traffic Airports Council International North America // 9

10 3 UAV Use on Airport UAVs have a variety of potential uses on airport property, either directly by the airport operator and its contractors/ consultants or by airport tenants. For airport operators, potential UAV applications include: Perimeter security Checking for gaps in security barriers/fencing and Patrolling for breaches of those barriers/fences Conducting surveillance of activities adjoining barriers and fence lines Airfield condition inspections Foreign object debris (FOD) Pavement condition Airfield lighting systems Runway contaminants Inspection/observation of airfield equipment, facilities, and operations Traffic management Routine surveillance of landside approaches Situational awareness of accidents and during period of high traffic congestion Parking Surveillance Enforcement Safety/Security of vehicles and persons License plate surveys (to determine or verify catchment area by states/counties) Emergency response/event management Reconnoitering accident sites or other dangerous situations (e.g., potential explosives) Maneuvering through tight spaces Crowd surveillance Assessing damage/potential danger in hard to get to places Situational awareness during accidents/incidents Surveying/capital project support Accurate placement/depiction of facility footprints Mapping current and potential development. Aerial photography Aerial or unusual angles showcasing airport facilities/layout Wildlife management Deterring birds and ground-based animals Observing patterns of wildlife on or near airports 10 // Task Force Report on UAVs

11 Airport tenants may have similar reasons for using UAVs. For example, some airlines are already exploring the use of UAVs for aircraft inspections. ISSUES: UAV USE ON AIRPORT Airport Ability to Regulate/Control UAV Use on Airport FAA has posted Frequently Asked Questions (FAQs) about Unmanned Aircraft Systems (UAS) Operations on an Airport that provide helpful guidance for airports: 13 The agency recommends checking the link frequently, as it will continuously update the FAQ. Among the FAA answers that are instructive are: Can I prohibit a public UAS Operator from operating from my airport? You cannot prohibit a public UAS operator that has received a COA [Certificate of Authorization] from the FAA that authorizes the public UAS operator to operate from your airport. As detailed above, a COA for a public UAS Operator is location-specific. A public UAS Operator who has not received a COA from the FAA is not authorized to operate in the NAS and is not authorized to operate from your airport. 14 A UAS operator proposes to operate from my airport. What questions could I ask the operator of a UAS? a. What is your name and contact information? b. Ask for a complete copy of the operator s COA, Section 333 Exemption (if civilian-owned), and registration certificate. Please note that both the Public UAS operator and civil UAS operator need a COA that specifically authorizes operations from or near your airport. A civil UAS operator cannot operate from or near an airport with a blanket COA ; this UAS operator must have a full COA issued by the FAA in order to operator from or near an airport. Please see Question 1 above. c. What are you flying (Make/Model)? i. Is there additional support equipment needed? ii. What is the color of the UAS? iii. What is the weight of the UAS? iv. What are your lost link procedures? d. Do you need access to runways/taxiways? i. If not, where on the airport property do you want to fly? e. When will you be conducting operations and for how long? f. At what altitude will you be flying (maximum)? g. Who can we contact while the UAS is in flight? How do we contact your while you are operating the UAS? Please note that not all COAs require aviation radios for communication or contact with air traffic, so consider other methods of contact such as a mobile phone. h. Describe how you intend to use the airport and airspace around the airport At of the time this report was published, NavCanada had not published similar guidance for Canadian airport operators. 14 FAQ 9, (emphasis added), Site visited August 19, FAQ 5, Site visited August 19, Airports Council International North America // 11

12 What safety factors should I consider for a UAS operating from my airport? The specific type of UAS activity planned for an airport will dictate the safety factors necessary to integrate the UAS into existing airport activities. Safety factors you can consider include, but are not limited to: a. Runway safety. Coordinate with the UAS operator to ensure that controls are in place to prevent runway incursion. b. Safety of ground operations. Determine if the UAS operator needs access to runway or taxiway surfaces to launch and recover the UAS. If access is needed, ensure proper controls are in place to ensure the safety of ground operations in the aircraft operational areas. Ensure the UAS operator is properly trained. Refer to FAA Advisory Circular 150/ A, Ground Vehicle Operations to include Taxiing or Towing an Aircraft on Airports, for more information. If the UAS operator wants to use movement areas on the airport with an Airport Traffic Control Tower, the specifics of the use of the movement area will be included in the COA document or a separate Letter of Agreement with the ATCT. c. Maintain the airfield open and operational for other users of the NAS. Keeping the airfield operational areas clear for UAS support vehicles and activities. Designate areas acceptable for the remotely-located pilot that are not in areas on the airfield that are needed to enhance airfield safety such as the runway safety areas, taxiway safety areas, object free areas, etc. d. Communication. Coordinate with the UAS operator and the local Airport Traffic Control Tower (ATCT) (if applicable) on the specific types of radio communications for the proposed UAS operation. For example, what is the phraseology that is being used during the UAS operation to communicate with the ATCT or on the Common Traffic Advisory Frequency (CTAF) or Unicom? Please note that not all COAs require aviation radios for communication or contact with air traffic. e. Coordinate with other airport stakeholders. The UAS operation is different from the typical manned operations at the airport. Consider outreach and other methods to make other aeronautical users to become aware of and anticipate this particular use on the airport. f. Facilitate coordination with the local airport traffic control tower (if one is located at the airport) and the UAS operator on operational requirements while the UAS is in flight. 16 Other questions of interest to airport operators but not included in FAA s FAQs include the following: If UAS operations are allowed by the federal government on airport property, can the airport impose requirements that exceed FAA or Transport Canada flight requirements? The FAA is likely to oppose local regulation that encroaches on the FAA s authority to regulate airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise. 49 U.S.C. Sec , 44502, and FAA s views on this issue have not necessarily been cohesive or easily understood. On the one hand, the FAA has required commercial operators to get airport permission to operate within five nautical miles of the airport. 17 On the other hand, as noted above, FAA says an airport cannot deny permission to operate on airport to a UAV operator that has received a COA (Certificate of Authorization). FAA s written guidance indicates that airport considerations are relatively narrow in scope. 16 FAQ 6, Site visited August 19, The Section 333 grant of exemption requires the civil UAS operator to obtain a letter of agreement from the airport operator when the UAS flight is within 5 nautical miles of the airport reference point. (FAQ 4 Site visited August 19, 2016.)) 12 // Task Force Report on UAVs

13 What additional approvals may be required for a UAS to operate from an airport? Depending on the operational requirements of the UAS, and the answers to the questions listed above in Question 5, the Airport may need additional FAA coordination. For example: a. If the UAS user needs to install any support equipment on airport property (e.g., a communications tower), you must file a , Notice of Proposed Construction or Alteration, and obtain an Airspace Determination from the FAA prior to construction. b. If the UAS user needs a separate landing and takeoff area that is not currently designated at the airport, you will need to update the Airport Layout Plan (ALP) and submit FAA form 7480, Notice for Construction, Alteration and Deactivation of Airports, and obtain an Airport Space Determination from the FAA authorize this activity. c. If the proposed UAS activity requires a change to the ALP (e.g., installation of support equipment, changes to land use, construction of buildings or aprons, etc.), you may need to obtain an environmental determination from the FAA in accordance with the National Environmental Policy Act (NEPA). 18 Does the airport operator have any authority to impose additional requirements on drone operators based on the fact that it is the owner/landlord of the airport property? This is a potential area to develop and explore with the appropriate federal regulatory/atc authority. Factors to consider include: Who is operating the UAV? A tenant/leasehold? The airport operator? Did the airport operator contract for the service? In the U.S., an airport operator may be limited to regulating traditional state and local police powers. Should a UAV operator have a license to operate on airport property? Who would grants that license? What should the license requirements be? Will the licensed operator be required to have liability insurance? What training should a UAV operator have to complete prior to operating a UAV on airport property? Who is responsible for providing that training? What risks were identified from a risk assessment? Can these risks be adequately addressed in contractual language that permits use on airports? Does the airport want to play an enforcement role? What impact will UAV operations have on Safety Management Systems? Do FAA prohibitions against unjust discrimination and granting exclusive rights apply to the operation of drones on airport? Are UAV operations aeronautical? Some UAV operations require a runway, but others do not and could be initiated and completed off-airport. 18 FAQ 8, Airports Council International North America // 13

14 FAA s Office of Airports has not issued written guidance on this issue yet. However, as noted above, FAA s written guidance states that airport operators may not prohibit UAV operations at the airport by UAV operators who have received an FAA COA to do so. Outstanding issues remaining include the types of factors, if any, that FAA would consider relevant to justify treating one UAV operator differently from another. What factors would an airport operator need to consider in developing a risk strategy regarding UAV operations on its property? FAA s FAQ provides the following guidance: What topics could I consider for inclusion in a LOA [Letter of Agreement]? Since the COA and the Section 333 grant of exemption outline the requirements for operating in the NAS, the LOA does not to need to consider these areas. You may want to focus the LOA on ground access and runway safety for the UAS operation and outline how the user will operate safely with other aeronautical users at the airport. Refer to airport-specific safety considerations listed in question number 10 above. You should also coordinate the terms of any LOA with your FAA Air Traffic Manager, if an Airport Traffic Control Tower is located at your airport. 19 These factors should be explored with FAA and Transport Canada to determine if the federal agency will address them or if there is any authority for the airport to do so: Where on the airport is the UAV operation taking place? Will UAV flights occur during commercial operations? How will the operation interact with commercial airspace traffic? In what proximity to commercial aircraft may the UAV operate? Does each airline need to have a specific set of standards? What purpose is the UAV operation serving? What communications processes and responsibilities need to be instituted pre-flight, during flight, and in response to an emergency? Who are all of the interested parties that need to be communicated with? Can multiple UAV operations occur at the same time? What type of UAV is being used? Does the UAV have any safety technology, such as sense and avoid capabilities? Does the operator have a license or proper training to conduct the UAV operation? 19 FAQ 7, Site visited August 19, // Task Force Report on UAVs

15 4 Other Legal & Regulatory Issues Associated with UAV Operations On or Near Airports PREEMPTION What is the legal extent of federal jurisdiction over UAV operations (preemption issue)? FAA appears to assert it has sole authority to regulate UAVs in flight except where Congress has prohibited FAA from doing so (e.g., hobbyists). 20 Even where FAA is prohibited from regulating, its view is that state and local entities cannot regulate the operation of UAVs in flight. That is still federally pre-empted even though FAA cannot regulate. Congress has occupied the field. FAA also may believe that if certain conditions do not occur with respect to hobbyist operation of drones, FAA s authority to regulate will spring back. Scope of Federal Regulation/Preemption Local concern about lack of federal action in pre-empted areas: Will the FAA act? If so, when? FAA regulations on small drones announced on June 21, 2016 do not resolve all issues that airports have raised. What may airports/local governments do avoid safety problems from drone operations? Coordination/consultation with FAA regulators and air traffic service is advisable. How will UAV requirements/prohibitions be enforced? Consider the FAA fact sheet (PDF) (issued on 12/17/15) on state and local regulation of UAVs, with information for states and municipalities considering laws or regulations addressing UAV use. It includes examples of: State and local laws affecting UAVs for which FAA recommends consultation with the agency, e.g. restrictions on flight altitude or flight paths, regulation of the navigable airspace, and mandating UAV-specific equipment or training; By recommending consultation with FAA, the agency is basically asserting federal preemption. UAV laws that likely fall within state/local government authority, e.g. prohibitions on attaching firearms or other weapons to a UAV or violating someone s privacy (e.g. peering in the window of a home). These 20 See FAA Modernization and Reform Act of 2012, Public Law No (Feb. 14, 2012), 126 Stat. 72, Subtitle B, Unmanned Aircraft Systems (the UAS Statute ), Sec Airports Council International North America // 15

16 cannot be targeted specifically at UAVs. Must be general (e.g., should be styled as prohibiting persons from peering into someone s upper story window, using a remote-controlled weapon, etc.) Local governments may prohibit launching of drones from publicly owned land, e.g., parks, City Hall, etc. However, as noted in Section 1 of this report, airport proprietors cannot prohibit drone operations at their facilities if FAA has specifically allowed them. When acting within the areas not preempted by the FAA, consider the following: Does your airport governing body have statutory or other authority to directly regulate UAVs? Can you regulate as part of a city/county/other general purpose municipal structure? If you are a special purpose entity, such as an airport authority, do you have regulatory authority or are you limited by state law restrictions? Who controls operations on the ground? Conflict/coordination with other local jurisdictions ENFORCEMENT To what extent is the FAA able to enforce UAV flight restrictions? Is the potential for FAA-centered enforcement of UAV operational violations under the FARs (91.13) adequate? If UAVs are regulated by you or a geographically overlapping entity, can you effectively enforce those regulations on-airport? Near the airport? Does the airport have power to enforce regulations or does that authority rest with another entity (i.e., do you lack jurisdiction)? If you need to rely on an outside police department are they responsive to your calls to try to track down UAV operators? Can they respond in a timely manner? Are they on-site? Can you enforce applicable regulations off-airport, e.g., if a UAV operator is located off-airport in a fast-food parking lot outside of your boundaries while operating a UAV above your airport? Do you have hot pursuit or other authority to enforce the law outside of your boundaries and in the neighboring city, county, village, etc.? Do you need to work collaboratively with the neighboring government s police department? Do you have authority to adopt civil rules, criminal penalties, or both? If civil, are civil penalties sufficient to ensure compliance? Are they effective against a deep-pocket offender who has the resources to pay multiple fines for non-compliant UAV operations? If not, are criminal penalties necessary/available to compel compliance? Disseminating applicable regulations/requirements to users. Who should distribute them? What means of distribution are likely to be effective? 16 // Task Force Report on UAVs

17 What is the relevance, if any, of the FAA guidance to airport law enforcement officers? uas/regulations_policies/media/faa_uas-po_lea_guidance.pdf This document appears to tell local officials that the FAA appreciates any investigative legwork the locals do, but then they should turn over their findings and evidence to the agency and let the FAA handle it under its exclusive jurisdiction over drones in flight. Are some UAVs more of a threat to the safety of flight than others? What are the implications of this for the airport? What if the airport is informed by a model aircraft operator of intended operations around the airport and the airport says no, do not conduct such flights? What recourse does the airport have if its concerns are ignored? Will the FAA continue to include provisions that defer to local regulation in all of its Certificates of Authority? Earlier Sec. 333 exemptions 21 had required UAV operators to obtain and agreement with an airport to operate within 5 miles of the airport. More recently issued exemptions require an agreement between the operator and the FAA to conduct such operations. Hobbyists are simply required to inform airports of their operations, and FAA encourages those who conduct such operations on a regular basis to enter into agreements with the relevant airport. Should airports seek to have FAA issue its guidance in a more formalized form (e.g., an advisory circular or regulation)? What are the factors you should consider in assessing the pros and cons of airport involvement? Liability issues Public demand/support for drones Local political support/pressure for drone operations Assessing benefits vs. costs What is an adequate area around the airport to protect and/or regulate with respect to UAV operations? Is a 5-mile radius around airport adequate? Statute or nautical miles? From the airport center or the perimeter? Is this the most efficient way to approach the issue? Is it more appropriate to focus upon instrument approach flight paths? FAA s FAQ provide the following information: What is required for civil UAS operations on or within 5 nautical miles of my airport? The civil UAS operator must have the following: A Section 333 exemption; A full COA issued by the FAA that authorizes the UAS to operate from or near your airport; and An executed letter of agreement with the airport sponsor. Why is a civil UAS operator asking for me to enter into a Letter of Agreement (LOA)? The Section 333 grant of exemption requires the civil UAS operator to obtain a letter of agreement 21 Named for Section 333 of the UAS Statute. Airports Council International North America // 17

18 from the airport operator when the UAS flight is within 5 nautical miles of the airport reference point. In seeking the LOA, the UAS operator is working with the airport operator to outline in the LOA the operational needs of the UAS on or near the airport. The current FAA Policy to require the LOA is intended in part to assist in the safe integration of the UAS into the NAS by allowing the airport sponsor to increase the UAS operator s understanding of the unique characteristics of the airport which ultimately helps the UAS operator plan and conduct a safe flight. Please coordinate with the airport traffic control, if one is located at the airport, when preparing the LOA. 22 Preemption and liability concerns would favor FAA/ATC involvement without airport participation. FAA states that The FAA s goal is to safely integrate UAS into the NAS. Safety of the NAS is enhanced when the operator of a UAS and the airport operator coordinate prior to a UAS flight on or near an airport. This coordination enhances integration into the NAS by: Allowing the airport operator to help the operator of the UAS aircraft understand the areas of manned aircraft flight near the airport, reducing the potential for conflicts between UAS activities and manned aircraft flights; Allowing the airport operator to understand the proposed parameters of the UAS activities for situational awareness and coordination with airport tenants and users as necessary; Allowing the airport operator to advise the UAS operator of unique manned aircraft activities near the airport (e.g., parachute activities, glider activities, etc.); Allowing the airport operator to understand where UAS activities on or near the airport are occurring; and Encouraging coordination of the airport sponsor with the local Air Traffic Control (ATC) facilities, Flight Standards District Office (FSDO), and Airports District Office (ADO), and local law enforcement. 23 Should the airport develop a letter of agreement (LOA) or otherwise establish protocols with the tower/ TRACON for how to address requests to operate around the airport? Are current federal criminal statutes adequate to address UAV safety issues? POTENTIAL AIRPORT OBLIGATIONS REGARDING UAVS Do Grant Assurances 20 (Hazard Removal and Mitigation) and 21 (Compatible Land Use) obligate the airport sponsor to take locally-based action to protect the safety of approach and departure flight paths from UAV incursions? FAA s Office of Airports has not formally addressed these issues. Informal discussions with FAA indicate that these grant assurances have historically applied to ground-based obstructions/development, such as buildings, antennas, trees. The FAA Office of Airports is considering changes relating to UAVs that may flow from the 2012 statute as it relates to Part 139, Part 77, Safety Management Systems, TERPS, Order A Surfaces, Impacts on facilities, preserving safety, access, facilities, AIP and PFC funds, costs, revenues, activity types, and based aircraft numbers. 22 FAQ 3 and 4 about Unmanned Aircraft Systems (UAS) Operations on an Airport 23 Preamble, Frequently Asked Questions (FAQs) about Unmanned Aircraft Systems (UAS) Operations on an Airport airports/special_programs/uas_airports/ 18 // Task Force Report on UAVs

19 Initial view seems to be there is no one drone fits all standard. Are there existing regulations (e.g., by a state or other unit of government in which you are located) -- or do you anticipate new regulations -- for UAVs beyond FAA s rulemaking? LEGISLATIVE INITIATIVES Future legislation may change the existing landscape. Numerous UAV provisions have been proposed during the FAA reauthorization cycle. It is unclear which ones, if any, will ultimately be adopted. The FAA Extension, Safety, and Security Act of 2016, enacted on July 15, 2016, included a number of provisions relating to UAVs, one of which will be of interest to airports: a pilot project to develop, test, and deploy technologies to mitigate threats posed by errant or hostile UAVs. Among the issues to be examined are the feasibility of deployment of the systems at other airports. Consult with FAA s Governmental Affairs staff to keep up on the current status of additional legislative efforts relating to UAVs. Airports Council International North America // 19