Regulatory Alert: AAAE Outlines Questions to FAA Regarding Part 139 CertAlert on Response Planning for Unauthorized UAS Operations
November 12, 2021
Today AAAE directed a letter to the Federal Aviation Administration (FAA), outlining a series of questions that have been raised by our airport members regarding the recently released Part 139 CertAlert that requires airports to update their airport emergency plans (AEPs) to include instructions for responding to unauthorized unmanned aircraft system (UAS) operations in the airport environment. 
Based on member feedback, the questions raised today with FAA focus 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 the Transportation Security Administration (TSA) has already requested from airports.
FAA has informed AAAE that the agency is working closely with TSA to host an industry day on the CertAlert and expectations for compliance, although a date has not yet been set. AAAE will continue to work with our members and federal partners to provide further guidance for airports on the CertAlert.
You can read AAAE's letter here. 
Background. As many airports are aware, in late 2018, sightings of unauthorized UAS operations close to Gatwick International Airport in the United Kingdom led to the cancellation of hundreds of flights, resulting in a significant amount of attention on how airports and their industry and federal partners respond to these types of events. Since the incident, TSA has been designated as the lead federal agency and a concept of operations has been developed that explains how an airport can elicit the appropriate federal officials to interdict a drone persistently operating for nefarious purposes. 
In late September, FAA released Part 139 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. Please see our September 22 Regulatory Alert for further background on the CertAlert. 
Summary of AAAE Questions. At the time the CertAlert was released, AAAE raised several concerns with FAA regarding the document. Specifically, the CertAlert did not provide clear direction or guidance to airports on the agency's expectations for these response plans, including potential overlap with airport planning efforts with TSA. Since then, AAAE has worked with members to compile questions and is now requesting that FAA provide further guidance and clarification, including addressing the following: 
• FAA's expectations regarding the specific actions that airports are supposed to take in the event of an operational drone disruption;
• Clarifying that the focus of the CertAlert and updated AEPs is on airport actions and communications to relevant parties, as opposed to being responsible for potential law enforcement response actions that are often outside of the airport's control;
• How FAA has coordinated with TSA to prevent duplicative planning efforts;
• How airports are expected to determine whether a drone operating in the airport environment has been authorized by FAA;
• FAA's expectations for Part 139 airports that operate without an air traffic control tower or are in uncontrolled airspace; and
• How FAA is evaluating Form 7460-1 notices from airports who seek to install and use a UAS detection system.
What's Next? AAAE is hosting FAA at its virtual UAS Conference, which is being held next week on November 17-18, 2021 and the CertAlert topic will be covered during the session. FAA and TSA are expected to hold an industry day on the CertAlert, with additional details expected soon. 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 airport's AEP, by April 30, 2022. FAA indicated that their goal is to have all these plans approved no later than September 30, 2022.  
 
Today AAAE directed a letter to the Federal Aviation Administration (FAA), outlining a series of questions that have been raised by our airport members regarding the recently released Part 139 CertAlert that requires airports to update their airport emergency plans (AEPs) to include instructions for responding to unauthorized unmanned aircraft system (UAS) operations in the airport environment. 
Based on member feedback, the questions raised today with FAA focus 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 the Transportation Security Administration (TSA) has already requested from airports.
FAA has informed AAAE that the agency is working closely with TSA to host an industry day on the CertAlert and expectations for compliance, although a date has not yet been set. AAAE will continue to work with our members and federal partners to provide further guidance for airports on the CertAlert.
You can read AAAE's letter here. 
Background. As many airports are aware, in late 2018, sightings of unauthorized UAS operations close to Gatwick International Airport in the United Kingdom led to the cancellation of hundreds of flights, resulting in a significant amount of attention on how airports and their industry and federal partners respond to these types of events. Since the incident, TSA has been designated as the lead federal agency and a concept of operations has been developed that explains how an airport can elicit the appropriate federal officials to interdict a drone persistently operating for nefarious purposes. 
In late September, FAA released Part 139 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. Please see our September 22 Regulatory Alert for further background on the CertAlert. 
Summary of AAAE Questions. At the time the CertAlert was released, AAAE raised several concerns with FAA regarding the document. Specifically, the CertAlert did not provide clear direction or guidance to airports on the agency's expectations for these response plans, including potential overlap with airport planning efforts with TSA. Since then, AAAE has worked with members to compile questions and is now requesting that FAA provide further guidance and clarification, including addressing the following: 
• FAA's expectations regarding the specific actions that airports are supposed to take in the event of an operational drone disruption;
• Clarifying that the focus of the CertAlert and updated AEPs is on airport actions and communications to relevant parties, as opposed to being responsible for potential law enforcement response actions that are often outside of the airport's control;
• How FAA has coordinated with TSA to prevent duplicative planning efforts;
• How airports are expected to determine whether a drone operating in the airport environment has been authorized by FAA;
• FAA's expectations for Part 139 airports that operate without an air traffic control tower or are in uncontrolled airspace; and
• How FAA is evaluating Form 7460-1 notices from airports who seek to install and use a UAS detection system.
What's Next? AAAE is hosting FAA at its virtual UAS Conference, which is being held next week on November 17-18, 2021 and the CertAlert topic will be covered during the session. FAA and TSA are expected to hold an industry day on the CertAlert, with additional details expected soon. 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 airport's AEP, by April 30, 2022. FAA indicated that their goal is to have all these plans approved no later than September 30, 2022.  
 
