Drone Law Blog of Robert E. Kelly, Esq.: Airport Improvement Program Handbook

Wednesday, August 26, 2026

FAA Seeks Comments Regarding Draft FAA Order 5100-38E, Airport Improvement Program Handbook

The Department of Transportation's Federal Aviation Administration in Washington DC has issued a document published in the Federal Register on May 6, 2026, 91 FR 29247, entitled Notice of Draft FAA Order 5100-38E, Airport Improvement Program Handbook (Notice). The Notice provided that:

The Airport Improvement Program (AIP), established by the Airport and Airway Improvement Act (AAIA) of 1982, as amended, and codified at 49 U.S.C. 47101 et seq., serves as a primary funding guide for airport development and planning projects across the United States. The AIP Handbook, Order 5100-38D, Change 1, issued on February 26, 2019, incorporated legislative and policy updates through 2017 and provided comprehensive guidance on implementation of the AIP for FAA employees, FAA State Block Grant Program states, airports, consultants, and other stakeholders.

The current draft update is intended to replace Order 5100-38D, Change 1, reflecting significant legal and policy changes since 2017, including those introduced by the Federal Aviation Administration (FAA) Reauthorization Acts of 2018 and 2024. In response to these changes, the Office of Airport Planning and Programming (APP), Financial Assistance Division, has undertaken a substantial revision of the Handbook

The FAA is seeking public comments on the draft of FAA Order 5100-38E, Airport Improvement Program Handbook. Once finalized, this Order will replace FAA Order 5100-38D, Change 1, which was issued on February 26, 2019. The original window for comment closed on August 17, 2026. However, in a document entitled Notice of Draft FAA Order 5100-38E, Airport Improvement Program Handbook; Extension of Comment Period, scheduled to be published in the Federal Register on Friday, August 21, 2026, the comment period has been extended to August 31, 2026. Comments may be submitted by the public electronically, identified by docket number FAA-2026-4006, through the government-wide rulemaking website: https://www.regulations. An electronic copy of the draft FAA Order 5100-38E may be downloaded from the FAA's website at https://www.faa.gov/airports/aip/aip_handbook.

THE DRONES ARE COMING – ARE YOU PROTECTED?

THE DRONES ARE COMING – ARE YOU PROTECTED?
Ask yourself:
-Is your business ready to take advantage of the opportunity for protection of your business's airspace from intruding UAS operations currently being considered by the FAA pursuant to Congressional mandate?
-Is your HOA informed of federal and state privacy and use laws to protect your organization and your property from unmanned aircraft and self-driving ground vehicles?

-Are you a current or future drone owner and are you aware of the FAA’s current regulations governing UAS registration?

-Are you aware of the FAA's UAS remote identification requirements and procedural requirements to establish an FAA-recognized identification area?

Contact Robert E. Kelly, Esq., for further information at kellylawuas@gmail.com"

ALERTS

In a recent Report and Order, the Federal Communications Commission (“FCC” or “Commission”) in Washington, D.C., has adopted new rules to enable initial uncrewed aircraft systems (“UAS”) operations in the 5 GHz spectrum band for wireless communications. The FCC deems these new rules necessary to safely control the flights of UAS in the National Airspace System (“NAS”) becoming increasingly crowded by UAS. (According to the International Civil Aviation Organization, in 2021, there were 2 million UAS in the United States, and, by 2030, that number is anticipated to triple to 6.5 million.) To ensure that these flights are sufficiently safe for routine operation, the FCC noted that highly reliable wireless two-way communications for flight control and telemetry are required. The FCC indicated that the agency’s action establishes initial service rules that will allow operators to obtain direct frequency assignments in a portion of the 5030-5091 MHz band for non-networked operations. (The FCC defines “non-networked operations” as those communications occurring within radio line of sight, as opposed to “network-supported services”, which rely on network infrastructure to go beyond radio line of sight of the operator.) The new rules rely on dynamic frequency management systems to manage and coordinate access to the spectrum and enable its safe and efficient use. The FCC stated that these management systems will provide requesting operators with temporary frequency assignments to support UAS control link communications with a level of reliability suitable for operations in controlled airspace and other safety-critical circumstances. To enable operations in the band during the period before the dynamic frequency management systems are in operation, the FCC established rules for an interim access mechanism. UAS seeking to transmit in the band first will submit a request to the Federal Aviation Administration (“FAA”) for deconfliction and approval utilizing the mechanism, and, upon FAA authorization, will complete an online registration form with the Commission. The interim mechanism will be made available to operators after the rules become effective and the Commission has announced by Public Notice that it will begin accepting registrations. For further information regarding this Report and Order, see the FCC web page at https://www.fcc.gov/document/fcc-adopts-initial-rules-drone-operations-5-ghz-band

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Wednesday, August 26, 2026

FAA Seeks Comments Regarding Draft FAA Order 5100-38E, Airport Improvement Program Handbook