Regulatory Alert: FAA Proposes to Expand the Definition of 'Aeronautical Activity' to Include AAM, UAS, and Commercial Space Operations

 

The Federal Aviation Administration (FAA) published a proposed policy that would update the definition of 'aeronautical activity' to include unmanned aircraft systems (UAS), advanced air mobility (AAM), and commercial space launch or re-entry vehicle operations. Under federal grant obligations, which apply to any airport that receives financial assistance through the Airport Improvement Program (AIP), airports agree to make their facilities available for public use on reasonable conditions and without unjust discrimination to all types, kinds and classes of 'aeronautical activities.' FAA's proposal would expand the scope of activities that fall within the meaning of this requirement.

FAA's proposed policy update was published in the Federal Register today, triggering a 30-day comment period. The deadline to respond is Friday, December 15. AAAE is circulating a short two-question survey to collect feedback on the proposed change, which you can access here. We highly encourage you to share the proposal within your organization and provide us with concerns, feedback, or any other information that we should consider including in our response to FAA. This is a meaningful change in FAA policy and may have notable implications for airports.

Current Grant Obligations. Under federal law, airports that have accepted grants under the AIP, Infrastructure Investment and Jobs Act, or coronavirus relief grant programs have agreed to comply with certain requirements that are included in grant agreements with FAA. Under Assurance 22, airports agree to make their facilities available 'for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport.'

In FAA Order 5190.6B, 'Airport Compliance Manual,' FAA currently defines 'aeronautical activity' as '[a]ny activity that involves, makes possible, or is required for the operation of aircraft or that contributes to or is required for the safety of such operations.' A list of examples is provided, such as air taxi and charter operations, scheduled or nonscheduled air carrier services, and pilot training, among others. However, FAA's compliance manual does not include 'emerging entrants,' such as AAM or UAS, within the scope of 'aeronautical activities.'

Proposed Update to 'Aeronautical Activity' Definition. Under the draft policy, FAA is proposing to update its definition of 'aeronautical activity' to include AAM, UAS, and commercial space operations. The following is the new proposed definition, with notable changes highlighted in bold:

"Any activity that involves, makes possible, or is required for the operation of an aircraft, launch or reentry vehicle, or that contributes to or is required for the safety of such operations. It includes but is not limited to: general and corporate aviation, air taxi and charter operations, scheduled and nonscheduled air carrier operations, pilot training, aircraft rental and sightseeing, aerial photography, aerial application of agricultural agents, aerial advertising and surveying, aircraft sales and services, aircraft storage, sale of aviation fuel products, repair and maintenance of aircraft, repair and maintenance of launch or reentry vehicles, construction of amateur-built/recreational aircraft, sale of aircraft, sale of launch or reentry vehicle parts, parachute or ultralight activities, certain unmanned aircraft systems (UAS), advanced air mobility (AAM) operations, commercial space vehicle operations, and any other activities that because of their direct relationship to the operation of aircraft, UAS, or commercial space launch and re-entry vehicles can appropriately be regarded as aeronautical activities.

Activities such as aircraft and parts manufacturing and storage, aerospace design, research and development, flight simulation/training/management facilities, and/or engine testing facilities that are not associated with the final assembly of an aircraft or commercial space vehicle are not considered aeronautical activities for the purposes of airport access. Model rocket, model aircraft, and recreational UAS operations are not aeronautical activities for the purposes of airport access." (Emphasis added in bold.)

In the proposal, FAA suggested that airports do not need to accommodate all AAM, UAS, or commercial space operations. FAA noted that some of these operations may affect the safety of existing airport facilities, airport operations, or airspace efficiency, and the agency will use its processes to determine whether a particular activity can be safely accommodated at an airport and any terms or conditions necessary to mitigate risk to an acceptable level for that activity at the airport.

What's Next? FAA is accepting public comments on the proposed policy statement until Friday, December 15. We highly encourage airports to review the proposed policy and provide AAAE with feedback through our two-question survey, which can be accessed here. AAAE plans to work with members to submit a response before the deadline.