Regulatory Alert: FAA/TSA to Host Industry Day on Response Planning for Unauthorized UAS Operations

January 10, 2022

The Federal Aviation Administration (FAA) announced that the agency, in partnership with the Transportation Security Administration (TSA), will host an “Industry Day on the Part 139 Airport Operator's Response to Unauthorized UAS Operations.“ The event will allow FAA and TSA to address the requirements in CertAlert 21-04 for Part 139 airport operators to update their airport emergency plans (AEPs) to include instructions for responding to unauthorized unmanned aircraft system (UAS) operations in the airport environment. Agency presentations will be followed by a Q&A session. The industry day will be held on Wednesday, January 26, 2022, at 1-4 p.m. ET. 

Background. In late September, FAA released CertAlert 21-04, which required Part 139 airports to ensure that their AEPs are updated to include instructions for responding to unauthorized UAS operations. The CertAlert does not describe in detail, or include a template, regarding what should be included in the response plan, but it outlines several non-exhaustive topics that should be covered. At the time that FAA released the CertAlert, AAAE, along with ACI-NA, requested that FAA hold an industry day on the document to ensure airport operators were informed on the expectations that the agency has regarding compliance. Please see our September 22 Regulatory Alert for additional details. 

In November, AAAE directed a letter to FAA, outlining a series of questions that have been raised by our airport members regarding the CertAlert. The questions focused on, among other things, the jurisdictional complexities associated with responding to these types of events; the inability for airport personnel to determine whether a drone has been authorized by FAA; and potential duplication of planning that TSA has already requested from airports. For further details on the letter, please see our November 12 Regulatory Alert. FAA has indicated that the agencies will focus on the questions we raised during the event. 

Additional Details on the Industry Day. According to a notice provided by FAA today, FAA and TSA will be covering the following topics regarding the CertAlert: 

What should be included in the AEP and what should not (i.e., SSI requirements, law enforcement FOUO, etc.);
Part 139 regulatory requirements
FAA assistance and final review
UAS response plan versus CORE CONOPS
Airport security plan (ASP)
TSA points of contact (POCs)
TSA's tactical response plan (TRP) in relation to the AEP

The industry day will be held virtually via Zoom. You can access the event with the following login information:

Click to join: https://faavideo.zoomgov.com/j/1605412738
Password: 513706
If you are unable to attend this event on January 26, 2022, it will be recorded and can be watched at the following URL: https://youtu.be/_NLW9D8G-1U

Reminder: Key Deadlines. In terms of complying with the CertAlert, airport operators have been requested by their FAA inspectors to submit a response plan for unauthorized UAS operations, via an amendment to the AEP, by April 30, 2022. FAA indicated that their goal is to have all these plans approved no later than September 30, 2022. AAAE will continue to work with our members and federal partners to provide further guidance for airports on the CertAlert.