AAAE Responds to FAA's Proposed Update to "Aeronautical Activity" Definition
On January 15, AAAE responded to the Federal Aviation Administration's (FAA) 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 law, all federally obligated airports must 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.
In our comments, AAAE emphasized the importance of ensuring that airports have flexibility to make decisions that promote safety, minimize disruptions to existing operations, and allow the airport to remain financially self-sustainable. This means providing airports with wide discretion to (a) determine how and when they are required to allow on-airport UAS operations and (b) make their own business decisions regarding AAM given questions over AAM's commercial viability. We also urged FAA to remove commercial space-related activities from the proposed definition because they fundamentally differ from what airports typically manage and cannot be supported without significant cost and disruption to existing operations.
You can read AAAE's comments here. We appreciate everyone who shared feedback with us regarding the proposed update.
Background. Under federal law, airports that have accepted federal funding 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.' 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.' However, FAA does not address 'emerging entrants' in the definition.
Proposed Update to 'Aeronautical Activity' Definition. Under the draft policy released in November, FAA is proposing to update its definition 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.
In the proposal, FAA noted that 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.
AAAE's Response to FAA's Proposed Definition Update. In our comments, AAAE emphasized the importance of ensuring that airports have flexibility to make decisions that promote safety, minimize disruptions to existing operations, and allow the airport to remain financially self-sustainable. With those general principles in mind, our comments focused on four key areas:
Unmanned Aircraft Systems/Drones: We urged FAA to provide airports with wide discretion on how and when they are required to allow on-airport UAS operations. Unfortunately, UAS have introduced unique safety and security challenges for airports and their federal partners that remain unresolved and make it difficult for airports to accommodate these operations in all circumstances. FAA has still not fully integrated drones into the national airspace or airport environment, and a variety of security challenges have persisted. Thus, airports must be permitted to impose safety protocols or other minimum standards to reduce potential safety risks or operational disruptions.
Advanced Air Mobility: We urged FAA to provide airports with flexibility to make their own business decisions on whether to accommodate AAM operations. As FAA strives to integrate AAM into the airspace and certify both eVTOL aircraft and pilots, there remains considerable uncertainty regarding the extent of demand for AAM operations. Prematurely requiring airports to invest in AAM related infrastructure could be detrimental to their financial self-sustainability and divert funding away from other potential development opportunities that may exist. While AAM investments may make financial sense for one airport, it may not for another. This means avoiding a one-size-fits-all policy for airports as it relates to AAM.
Commercial Space Transportation: We urged FAA to exclude commercial space launch and re-entry vehicle operations from the definition of 'aeronautical activity' because accommodating these operations would be excessively burdensome and costly for an airport and significantly disrupt existing operations. Under no circumstances should federal grant obligations require an airport to pursue a launch or re-entry site license, which is required to accommodate these operations and would result in substantial cost to airports. Moreover, FAA has not cited any justification or need for implementing a blanket provision that all federally obligated airports accommodate these operations.
Implementation Questions: One of our biggest concerns is the lack of clarity regarding the expectations for compliance, including how to reasonably accommodate UAS, AAM, and commercial space industries that are still evolving. Before the agency proceeds with any final policy, we urged FAA to release a draft implementation plan, for public comment, that explains how FAA plans to determine (a) whether an airport has reasonably accommodated a proposed operation and (b) whether and how a particular activity can be safely accommodated at an airport. Without this clarity, airports could be subject to unwarranted and costly administrative complaints from stakeholders.
What's Next? FAA will begin to review and adjudicate 21 comments that the agency received from the aviation industry and members of the public. We believe that FAA will move ahead with a final policy to update the definition of 'aeronautical activity,' but we expect some changes to be made based on feedback submitted. We will remain engaged with FAA to relay airport concerns and keep members apprised of any meaningful updates.
