Regulatory Alert: Two Key FAA UAS Rulemakings Move to Interagency Review

October 6, 2020

Today two key rules regarding remote identification (ID) requirements for unmanned aircraft systems (UAS) and enabling UAS operations over people moved from the U.S. Department of Transportation (DOT) to the Office of Management and Budget (OMB), triggering a 90-day window for an interagency review to occur. The developments today significantly increase the likelihood that the airport community will see final rules on these two UAS issues published before or in January 2021, regardless of the outcome of the upcoming election. The move is consistent with remarks made by FAA Administrator Steve Dickson and other FAA officials in recent months. Both rules are expected to significantly expand the amount of permitted drone operations across the National Airspace System.

Background. For years AAAE and the airport community have urged FAA to expedite its publication of a proposed rule that outlines a framework on how the agency intends to deploy and implement industry-wide remote ID requirements to help reduce the increasing risks posed by drones. Remote ID is widely expected to improve the safety and security of airport operations by removing drone user anonymity and making it easier for FAA, airports, and law enforcement to find non-compliant drone operators. In December 2019, FAA released the much-anticipated proposed rulemaking and AAAE submitted lengthy comments in March 2020.

In addition, enabling routine UAS operations over people has been long sought by the drone community, but FAA has been unable to permit these operations on a wide scale without an established remote ID framework. In April 2019, AAAE submitted generally supportive comments in response to the agency's proposal. Collectively, the UAS operations over people and remote ID rules are expected to substantially increase drone operations and potential use cases, including for airports with UAS programs. AAAE will be engaging with its members, particularly through its UAS Working Group, to ensure the community is prepared for the forthcoming rules.

Resources on Proposed UAS Rulemakings. AAAE has prepared and compiled resources to help educate and familiarize members with the details of the proposed rules on remote ID for UAS and for enabling UAS operations over people. AAAE has prepared an information brief summarizing key provisions from the proposed rulemaking on remote ID and submitted comments to FAA in response to both proposals. You can access these documents and more at the following links:

If you have any questions, comments, or other feedback regarding FAA UAS rulemakings, or if you would like to join AAAE's UAS Working Group, please contact Justin Barkowski at justin.barkowski@aaae.org.