AAAE and Airports to Participate in FAA's New UAS Detection and Mitigation Aviation Rulemaking Committee

On May 4th, the Federal Aviation Administration (FAA) announced formation of the UAS Detection and Mitigation Systems Aviation Rulemaking Committee (ARC), which will develop recommendations for a plan to allow the deployment of technologies or systems that detect and mitigate unmanned aircraft systems (UAS) without causing an adverse impact to the National Airspace System (NAS). Membership includes a diverse group of entities from the aviation community, law enforcement, public safety, UAS detection and mitigation companies, standards-setting bodies, and other societal users. You can read the ARC charter here. 

AAAE is one of 58 members that will participate in the ARC. Stephanie Gupta, AAAE's Senior Vice President for Security and Facilitation, along with Roy Fuhrmann, Chief Operating Officer for the Minneapolis-Saint Paul Metropolitan Airports Commission, and Keri Lyons, Manager of FAA Office of Airports' Emerging Entrants Division, will be chairing a working group focused on how FAA should oversee the use of UAS detection and mitigation systems at airports while ensuring the safety and efficiency of the NAS. 

Within the month of May, AAAE will be hosting a virtual discussion with its members on the use of UAS detection and mitigation systems at airports. We will use feedback and input from the meeting to inform our viewpoints and perspectives and effectively represent the airport community as the ARC develops recommendations for FAA.

Background. The FAA Reauthorization Act of 2018 required FAA to work with other federal entities to ensure that technologies and systems that are developed, tested, or deployed to detect and/or mitigate potential UAS risks do not adversely impact or interfere with the safety of the NAS or airport operations. There were two primary requirements included in the bill: 

• Plan for Use of Detection and Mitigation Systems: Congress required FAA to develop a plan for the certification, permitting, authorizing, or allowing of UAS detection and mitigation technologies in the NAS. The newly formed ARC will provide a forum for the U.S. aviation community and UAS stakeholders to discuss and provide recommendations to the FAA to meet this objective. 

• Testing and Evaluation of Systems: Congress also required FAA to implement an 'Airspace Hazard Mitigation Program' that requires the agency to test and evaluate UAS detection and mitigation systems at 5 airports across the country. FAA began this testing in early 2022 and is planning to use data obtained from the evaluations to develop standards that can be used to qualify systems for use in the NAS and at airports. FAA is expected to conclude their testing in September. 

What's Next? The ARC will hold its initial kick-off meeting later in May in the Washington, D.C. area. FAA expects the ARC to conclude its work and issue a final report in early 2024. In the meantime, Congress will be considering whether to extend or expand the existing authority held by the Department of Justice (DOJ) and Department of Homeland Security (DHS) to mitigate threats posed by UAS in certain circumstances, including at airports. This authority is set to expire on September 30. The Biden Administration is expected to release a proposal for expanding DOJ and DHS's authority sometime within the next month.