Regulatory Alert: AAAE Submits Comments on FAA's UAS Remote ID Proposal
March 2, 2020
Today AAAE submitted comments in response to the Federal Aviation Administration's (FAA) proposed rule to require remote identification (ID) technology for nearly all unmanned aircraft systems (UAS). In addition to expressing significant support for remote ID, AAAE provided FAA with seventeen recommendations for ensuring that the ongoing development of a remote ID framework meets the needs of our members and the airport community. The recommendations focused on three core objectives: (1) requiring manufacturers and operators to develop and utilize capabilities that provide enough situational awareness of drone activity near airports; (2) developing a remote ID data governance plan that ensures appropriate officials have access to the data; and (3) urging FAA to maintain responsibility for monitoring drone activity in the airport environment. AAAE also urged FAA to swiftly finalize the rule to help reduce the increasing risks posed by drones.
You can read AAAE's comments here.
Background. For a few years, AAAE and the airport community have urged FAA to expedite its publication of a proposed rule that outlines a framework for requiring UAS to be equipped with remote ID capabilities. The goal of remote ID is to improve the safety and security of airport operations by removing drone user anonymity and making it easier for FAA, airports, and law enforcement to find non-compliant drone operators. In December 2019, as outlined in our Regulatory Alert, FAA published a notice of proposed rulemaking (NPRM) that would impose new mandates on UAS owners, operators, and manufacturers to ensure that FAA, law enforcement, and the general public could access data on the location of the operator and unmanned aircraft.
Summary of Recommendations. Based on input received from members, including survey responses and two webinar discussions, AAAE offered seventeen recommendations for improving the proposed remote ID rule. Specifically, AAAE recommended FAA do the following:
Today AAAE submitted comments in response to the Federal Aviation Administration's (FAA) proposed rule to require remote identification (ID) technology for nearly all unmanned aircraft systems (UAS). In addition to expressing significant support for remote ID, AAAE provided FAA with seventeen recommendations for ensuring that the ongoing development of a remote ID framework meets the needs of our members and the airport community. The recommendations focused on three core objectives: (1) requiring manufacturers and operators to develop and utilize capabilities that provide enough situational awareness of drone activity near airports; (2) developing a remote ID data governance plan that ensures appropriate officials have access to the data; and (3) urging FAA to maintain responsibility for monitoring drone activity in the airport environment. AAAE also urged FAA to swiftly finalize the rule to help reduce the increasing risks posed by drones.
You can read AAAE's comments here.
Background. For a few years, AAAE and the airport community have urged FAA to expedite its publication of a proposed rule that outlines a framework for requiring UAS to be equipped with remote ID capabilities. The goal of remote ID is to improve the safety and security of airport operations by removing drone user anonymity and making it easier for FAA, airports, and law enforcement to find non-compliant drone operators. In December 2019, as outlined in our Regulatory Alert, FAA published a notice of proposed rulemaking (NPRM) that would impose new mandates on UAS owners, operators, and manufacturers to ensure that FAA, law enforcement, and the general public could access data on the location of the operator and unmanned aircraft.
Summary of Recommendations. Based on input received from members, including survey responses and two webinar discussions, AAAE offered seventeen recommendations for improving the proposed remote ID rule. Specifically, AAAE recommended FAA do the following:
- Implement the proposed framework for standard remote ID that would require users to locally broadcast the location of the control station and unmanned aircraft;
- Require users to also broadcast whether he or she obtained an FAA airspace authorization, if the operation is occurring in controlled airspace;
- Reconsider the need for and feasibility of requiring only a certain segment of UAS to transmit remote ID data via the internet;
- Supporting the creation of FAA-recognized identification areas (FRIAs) where users can operate drones that are unequipped with remote ID and flown within visual line of sight;
- Provide airports with an opportunity to comment on applications to establish FRIAs near their airport;
- Require UAS pilots to present their identification and FAA-issued certificate to state and local law enforcement officials upon request;
- Allow the general public to access all remote ID data broadcasted from a drone, except for the location and altitude of the control station;
- Allow qualified law enforcement and airport officials to access all remote ID data broadcasted from a drone and the corresponding registration information;
- Ensure that appropriate officials can access remote ID data obtained by third-party contractors, known as Remote ID UAS Service Suppliers, at no cost, in real time, and through a centralized web portal that aggregates all of the data;
- Maintain its role in managing U.S. airspace and monitor drone activity in the airport environment using the remote ID data that will be generated by the proposed requirements;
- Develop a plan for sharing the remote ID data with airspace users, such as manned aircraft operators, to improve situational awareness and safety of the national airspace; and
- Provide clearer guidance on the use of remote ID-only detection systems in the airport environment.
AAAE also urged FAA to accelerate the timelines for implementation. As proposed, FAA would require manufacturers and operators to comply with the proposal within two and three years, respectively, from the date of the final rule. AAAE instead recommended establishing one- and two-year deadlines for manufacturers and operators.
What's Next? Looking forward, AAAE continues to work with FAA, the Transportation Security Administration (TSA), and our industry partners to help airports mitigate operational disruptions caused by UAS:
- Finalizing Remote ID. FAA will have to review and adjudicate over 44,000 comments that the agency has received in response to the NPRM. The administration is under significant pressure to finalize this rule as soon as possible. However, as AAAE discussed in its comments, there are many unanswered questions surrounding the requirements imposed on operators. In addition, FAA did not adequately address how remote ID data will be used, including who could access the data or how appropriate officials could obtain access. AAAE has expressed the need to understand and comment on the agency's data governance plan before finalizing the rule.
- Testing Counter-UAS Systems. Under section 383 of the FAA Reauthorization Act, FAA is required to conduct testing of counter-UAS systems at five airports across the country in order to evaluate and ensure their safe use and deployment in the airport environment. FAA is reportedly preparing to release requests for information (RFI) to system vendors and airports in the near future. This testing will be critical to advancing the use of these systems on a wider scale. AAAE will be providing additional details as soon as they become available.
- Working with Security Partners. Airports continue to work with TSA on developing, finalizing, and exercising tactical response plans (TRPs) for the initial local response to a potential unauthorized UAS disruption. In addition, last year TSA worked with Core 30 airports to conduct self-vulnerability assessments that focused on airport security posture, readiness, detection technology deployment and nearby critical infrastructure and counter-UAS capabilities. TSA is expected to request that category I airports also conduct these assessments in the coming months.
If you have any questions, comments, or other feedback, please contact Justin Barkowski at justin.barkowski@aaae.org.
