Regulatory Alert: FAA Releases Part 139 CertAlert on Response Planning for Unauthorized UAS Operations
September 22, 2021
The Federal Aviation Administration (FAA) released a Part 139 CertAlert informing Part 139 airport operators that airport emergency plans (AEP) should include instructions for responding to unauthorized unmanned aircraft system (UAS) operations in the airport environment. FAA indicated that airports will need to begin the coordination process with their inspectors within the next week for the development of these response plans. FAA informed AAAE that the agency's goal is to approve all the plans before September 30, 2022. 
AAAE has had multiple discussions with FAA this week regarding the CertAlert. AAAE raised concerns over the new requirements because of jurisdictional complexities associated with responding to these unauthorized operations and potential duplication of planning that the Transportation Security Administration (TSA) has already requested from airports. FAA indicated that they coordinated with TSA and are intending to provide airports with flexibility in the development of these plans. The agency has also committed to engaging with AAAE and airports on concerns that need to be addressed as these plans are developed.
Background. As many airports are aware, in late 2018, sightings of unauthorized UAS operations close to Gatwick International Airport in the United Kingdom led to the cancellation of hundreds of flights, resulting in a significant amount of attention on how airports and their industry and federal partners respond to these types of events. Since the incident, TSA has been designated as the lead federal agency and a concept of operations has been developed that explains how an airport can elicit the appropriate federal officials to interdict a drone persistently operating for nefarious purposes. TSA's federal security directors have also completed tactical response plans (TRPs) for the initial local response to a potential unauthorized UAS disruption. 
Overview of Part 139 CertAlert. The CertAlert released today requires Part 139 airports to ensure that their AEPs are updated to include instructions for responding to unauthorized UAS operations. However, the document does not describe in detail, or include a template, on what exactly should be included in the response plans. Instead, the CertAlert outlines several non-exhaustive topics that should be covered:  
• Guidance to the airport operators/law enforcement personnel as to actions to be taken until the agency or organization of jurisdiction arrives (for example: the city, county, state, or tribal fire or police department, or others with federal jurisdiction).
• The need for, and location of, an Emergency Operations or Command Center.
• The need for additional or specialized resources, such as additional telephone lines or other means of communications.
• Responsibilities regarding media communications.
• Identify those responses/actions that do not contain Sensitive Security Information in the AEP.
• As appropriate, capture procedures for addressing disruptions in a new or revised Letter of Agreement with impacted parties such as the air traffic control (ATC) tower.
FAA also notes that airport operators should ensure that employees with AEP responsibilities are trained on any updates to the AEP, and coordinate a response with the local ATC tower, local TSA points of contact, and/or other appropriate entities when these unlawful UAS operations occur. FAA informed AAAE that the agency will be requesting that airports submit an amendment to the airport operator's AEP before April 30, 2022.
AAAE Feedback to FAA. In discussions with FAA this week, AAAE raised several concerns regarding the Part 139 CertAlert. First, AAAE and its members would have welcomed an opportunity to provide feedback to FAA on the new requirement for AEPs to address response protocols for unauthorized UAS operations, especially because of the jurisdictional complexities and other nuances surrounding this issue. Second, the CertAlert does not provide clear direction or guidance to airports on the agency's expectations for these response plans. Relatedly, TSA has already worked with many airports on TRPs and there may be substantial overlap between these efforts without effective interagency coordination. 
FAA informed AAAE that they have been closely coordinating with TSA on this initiative to eliminate overlap or duplicative work. The agency also appreciates the jurisdictional questions that will inevitably arise, indicating that response plans will focus on airport actions and communications to relevant parties, as opposed to requiring airports to apprehend or be responsible for tracking down potentially responsible parties. In addition, FAA indicated that they are interested in hosting an industry day for airports to communicate their feedback, needs and concerns as it relates to these response plans. 
AAAE Survey on the CertAlert. AAAE will continue to engage in ongoing conversations with FAA on this important topic. To assist us in these discussions, we would appreciate you providing us with brief feedback on your needs and concerns regarding the Part 139 CertAlert and operational response plans for unauthorized UAS operations. You can access the three-question survey here. All results will be kept confidential and anonymous. 
Timelines. Based on discussions with FAA, the agency is planning to request that airport operators submit a response plan for unauthorized UAS operations by April 30, 2022. FAA indicated that their goal is to have all these plans approved no later than September 30, 2022. 
The Federal Aviation Administration (FAA) released a Part 139 CertAlert informing Part 139 airport operators that airport emergency plans (AEP) should include instructions for responding to unauthorized unmanned aircraft system (UAS) operations in the airport environment. FAA indicated that airports will need to begin the coordination process with their inspectors within the next week for the development of these response plans. FAA informed AAAE that the agency's goal is to approve all the plans before September 30, 2022. 
AAAE has had multiple discussions with FAA this week regarding the CertAlert. AAAE raised concerns over the new requirements because of jurisdictional complexities associated with responding to these unauthorized operations and potential duplication of planning that the Transportation Security Administration (TSA) has already requested from airports. FAA indicated that they coordinated with TSA and are intending to provide airports with flexibility in the development of these plans. The agency has also committed to engaging with AAAE and airports on concerns that need to be addressed as these plans are developed.
Background. As many airports are aware, in late 2018, sightings of unauthorized UAS operations close to Gatwick International Airport in the United Kingdom led to the cancellation of hundreds of flights, resulting in a significant amount of attention on how airports and their industry and federal partners respond to these types of events. Since the incident, TSA has been designated as the lead federal agency and a concept of operations has been developed that explains how an airport can elicit the appropriate federal officials to interdict a drone persistently operating for nefarious purposes. TSA's federal security directors have also completed tactical response plans (TRPs) for the initial local response to a potential unauthorized UAS disruption. 
Overview of Part 139 CertAlert. The CertAlert released today requires Part 139 airports to ensure that their AEPs are updated to include instructions for responding to unauthorized UAS operations. However, the document does not describe in detail, or include a template, on what exactly should be included in the response plans. Instead, the CertAlert outlines several non-exhaustive topics that should be covered:  
• Guidance to the airport operators/law enforcement personnel as to actions to be taken until the agency or organization of jurisdiction arrives (for example: the city, county, state, or tribal fire or police department, or others with federal jurisdiction).
• The need for, and location of, an Emergency Operations or Command Center.
• The need for additional or specialized resources, such as additional telephone lines or other means of communications.
• Responsibilities regarding media communications.
• Identify those responses/actions that do not contain Sensitive Security Information in the AEP.
• As appropriate, capture procedures for addressing disruptions in a new or revised Letter of Agreement with impacted parties such as the air traffic control (ATC) tower.
FAA also notes that airport operators should ensure that employees with AEP responsibilities are trained on any updates to the AEP, and coordinate a response with the local ATC tower, local TSA points of contact, and/or other appropriate entities when these unlawful UAS operations occur. FAA informed AAAE that the agency will be requesting that airports submit an amendment to the airport operator's AEP before April 30, 2022.
AAAE Feedback to FAA. In discussions with FAA this week, AAAE raised several concerns regarding the Part 139 CertAlert. First, AAAE and its members would have welcomed an opportunity to provide feedback to FAA on the new requirement for AEPs to address response protocols for unauthorized UAS operations, especially because of the jurisdictional complexities and other nuances surrounding this issue. Second, the CertAlert does not provide clear direction or guidance to airports on the agency's expectations for these response plans. Relatedly, TSA has already worked with many airports on TRPs and there may be substantial overlap between these efforts without effective interagency coordination. 
FAA informed AAAE that they have been closely coordinating with TSA on this initiative to eliminate overlap or duplicative work. The agency also appreciates the jurisdictional questions that will inevitably arise, indicating that response plans will focus on airport actions and communications to relevant parties, as opposed to requiring airports to apprehend or be responsible for tracking down potentially responsible parties. In addition, FAA indicated that they are interested in hosting an industry day for airports to communicate their feedback, needs and concerns as it relates to these response plans. 
AAAE Survey on the CertAlert. AAAE will continue to engage in ongoing conversations with FAA on this important topic. To assist us in these discussions, we would appreciate you providing us with brief feedback on your needs and concerns regarding the Part 139 CertAlert and operational response plans for unauthorized UAS operations. You can access the three-question survey here. All results will be kept confidential and anonymous. 
Timelines. Based on discussions with FAA, the agency is planning to request that airport operators submit a response plan for unauthorized UAS operations by April 30, 2022. FAA indicated that their goal is to have all these plans approved no later than September 30, 2022. 
