FAA Extends Deadline to Provide Feedback on Expanding the Definition of "Aeronautical Activity"

On December 7, the Federal Aviation Administration (FAA) extended the deadline for airports and other stakeholders to respond to the agency's 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. The new deadline to respond is Monday, January 15, 2024, which is a 30-day extension from the original December 15 deadline. FAA's extension follows a November 17 written request from AAAE and ACI-NA for additional time to socialize the proposal with our members and develop comments. 
 
AAAE is continuing to circulate a short two-question survey to collect feedback on the proposed change, which you can access here. 
 
As we outlined in our November 15 Regulatory Alert, FAA is proposing the following 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 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.
 
AAAE is continuing to work with members to submit a response before the Monday, January 15, 2024, deadline. If you haven't done so already, we highly encourage airports to review the proposed policy and provide AAAE with feedback through the two-question survey.