FAA Releases Draft Engineering Brief 105 for Vertiport Design and Seeks Comments

On March 2, 2022, the FAA published a notice in the Federal Register announcing the availability of, and requesting comments regarding, the draft Engineering Brief (EB) 105 for Vertiport Design. This draft EB will provide interim safety standards for aviation facilities that electric Vertical Take-Off and Landing (eVTOL) type aircraft utilize for take-off and landing. The FAA describes these types of aviation facilities as `vertiports'.

The FAA is asking for comments on the draft EB 105 for Vertiport Design to be submitted to the agency on or before April 18, 2022. In addition, the FAA will hold a virtual industry day meeting regarding the draft EB 105 on March 29, 2022 at 11:00 a.m. ET. Comments are to be submitted utilizing the comment matrix provided by the agency.

The EB is highly engineering-oriented, so as to generate comments designed to provide what the FAA terms “interim guidance”. The FAA indicates that interim guidance is needed to support initial infrastructure development for VTOL operations, and that the EB provides that interim guidance. The FAA states that future updates to this EB will be published to provide reconsidered guidance as additional performance data is gleaned about emerging VTOL aircraft.

The FAA link to the EB and supporting information may be found here.

The notice in the Federal Register may be found here. 

For more information contact Robert E. Kelly, Esq. at kellylawuas@gmail.com.

The FAA Has Established the TRUST Test Required For Recreational Fliers

The rule for operating uncrewed aircraft systems (UAS) or drones under 55 pounds in the National Airspace System (NAS) is 14 CFR Part 107, referred to as the Small UAS Rule. However, for the flight of a drone for purely recreational purposes, there is a limited statutory exception that provides a basic set of requirements.

The FAA Reauthorization Act of 2018, P.L. 115-254 (October 5, 2018) introduced new requirements for recreational pilots. The exception for limited recreational operations of uncrewed aircraft is codified in 49 U.S. Code § 44809. Inter alia, § 44809 provides in subsection (7)  that, assuming all other sections have been complied with, the exception for limited recreational operations of uncrewed aircraft applies if “The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.”

In response the FAA has recently created the Recreational UAS Safety Test or TRUST.  TRUST provides education and testing for recreational flyers on important safety and regulatory information. In order to comply with 49 U.S. Code § 44809, recreational flyers must pass the TRUST test before engaging in recreational operations of uncrewed aircraft.

Access to the TRUST test is available through the FAA website.  The TRUST test is administered by FAA-approved, third-party test administrators. The list of administrators (and links to them)  is found on the FAA website and is comprised of the following:

• Chippewa Valley Technical College
• Community College of Allegheny County – West Hills Center
• CrossFlight Sky Solutions
• Drone Launch Academy LLC
• Drone Trust
• Drone U
• Embry-Riddle Aeronautical University (ERAU)
• HSU Educational Foundation
• Lake Area Technical College
• Pilot Institute
• Proctorio Incorporated
• Tactical Aviation
• The Academy of Model Aeronautics (AMA)
• The Boy Scouts of America
• UAV Coach
• University of Arizona Global Campus
• Volatus Aerospace Corp

For further information contact Robert E. Kelly, Esq., at kellylawuas@gmail.com.

 

New Procedures Concerning Recurrent Training Courses for Drone Pilots.

 

The Federal Aviation Administration (“FAA”) in Washington D.C. has announced new procedures concerning recurrent training courses for drone pilots.  Specifically, drone pilots who have Part 107 remote pilot certification can now take their required training courses online effective April 6, 2021. The recurrent training courses have been updated to ensure that drone pilots will have the knowledge necessary to operate in accordance with the new Operations Over People rule when that rule becomes effective on April 21, 2021. The online recurrent training will be offered free of charge to remote pilots on the FAA Safety Team (FAASTeam) website.

Drone pilots who do not hold a current Remote Pilot Certification and want to operate under Part 107 must take the Unmanned Aircraft System (UAS) Initial Aeronautical Knowledge Test online through an FAA-Approved Knowledge Testing Center.  See here.

For general inquiries on these new regulations and other UAS inquiries, the FAA suggests calling 844-FLY-MY-UA or emailing the FAA.

The FAA Releases Its Final Rules for Operation of Small Unmanned Aircraft Systems Over People and At Night

 The U.S. Department of Transportation’s Federal Aviation Administration (“FAA”) has issued  final rules for Unmanned Aircraft (“UA”), commonly known as drones.  These final rules were published in the Federal Register on January 15, 2021, at 86 FR 4390, which established March 16, 2021 as the date upon which the rules will become final. Both will have a critical impact on the integration of unmanned aircraft of all types into the National Airspace system (“NAS”).

 

The first rule, as discussed in the previous post, will require Remote Identification (“Remote ID”) of drones.  This Remote ID requirement will apply broadly to unmanned aircraft.  This will  include both UAS governed by the FAA’s rules found in Part 107 in Title 14 of the Code of Federal Regulations and UAM operations governed by Part 135 in Title 14 of the Code of Federal Regulation.

The FAA indicates that the second rule will allow operators of small drones to fly over people and at night under certain conditions. The final rule allows routine operations over people and routine operations at night under certain circumstances. The rule will eliminate the need for those operations to receive individual Part 107 waivers from the FAA.

The final rule establishes four new categories of small unmanned aircraft for routine operations over people, i.e., Category 1, Category 2, Category 3, and Category 4, as follows:

• “Category 1 Eligible” are those small unmanned aircraft which weigh less than 0.55, including everything on board or otherwise attached, and contain no exposed rotating parts that would lacerate human skin.

• “Category 2 Eligible” are those small unmanned aircraft which do not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object, does not contain any exposed rotating parts that could lacerate human skin upon impact with a human being, and does not contain any safety defects.

• “Category 3 Eligible” are those small unmanned aircraft which do not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object, does not contain any exposed rotating parts that could lacerate human skin upon impact with a human being, and does not contain any safety defects.

• “Category 4 Eligible” are those small unmanned aircraft which must have an airworthiness certificate issued by the FAA pursuant to Part 21 of FAA regulations. Such small unmanned aircraft must be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. The operating limitations must not prohibit operations over human beings.

The primary condition in the operating rules for small unmanned aircraft operations at night are that the aircraft must be equipped with anti-collision lights that can be seen for 3 statute miles and have a flash rate sufficient to avoid a collision.

Additional requirements for each category of small unmanned aircraft for routine operations over people are found here.

For further information contact Robert E. Kelly, Esq., at kellylawuas@gmail.com.

The FAA Releases Its Final Remote ID Rules for Unmanned Aircraft

The U.S. Department of Transportation’s Federal Aviation Administration (“FAA”) on December 28, 2020, in a press release announced final rules for Unmanned Aircraft (“UA”), commonly known as drones.  These final rules were published in the Federal Register on January 15, 2021, at 86 FR 4390, which established March 16, 2021 as the date upon which the rules will become final.

The first rule will require Remote Identification (“Remote ID”) of drones and allow operators of small drones to fly over people and at night under certain conditions. The FAA press release indicated that the new rule Remote ID rules are timely, since drones represent the fastest-growing segment in the entire transportation sector – with currently over 1.7 million drone registrations and 203,000 FAA-certificated remote pilots.

The FAA in its press release states that “Remote ID will help mitigate risks associated with expanded drone operations, such as flights over people and at night, and both rules support technological and operational innovation and advancements.”

The new rules should have a significant impact with respect to the development of the UAS industry.  “The new rules make way for the further integration of drones into our airspace by addressing safety and security concerns,” said FAA Administrator Steve Dickson. “They get us closer to the day when we will more routinely see drone operations such as the delivery of packages.”

The Remote ID rule (PDF) applies to all operators of drones that require FAA registration. There are three ways to comply with the operational requirements:

1. Operate a standard Remote ID drone that broadcasts identification and location information of the drone and control station;

2. Operate a drone with a Remote ID broadcast module (may be a separate device attached to the drone), which broadcasts identification, location, and take-off information; or

3. Operate a drone without Remote ID but at specific FAA-recognized identification areas.

See the link to the full text of the final rule at FAA’s Remote ID webpage here. 

There is one interesting note initially from a legal perspective.  The FAA makes clear in the Remote ID Executive Summary in footnote 1 that the new Remote ID rules apply broadly to unmanned aircraft (“UA”) and not simply unmanned aircraft systems (“UAS”).  Footnote 1 states in part:

The FAA does not use the terms unmanned aircraft system and unmanned aircraft interchangeably. The FAA uses the term unmanned aircraft as defined in 14 CFR 1.1 to refer specifically to the unmanned aircraft itself. The FAA uses the term unmanned aircraft system to refer to both the unmanned aircraft and any communication links and components that control the unmanned aircraft. As explained in section V.A of this rule, the FAA is adding the definition of unmanned aircraft system to 14 CFR part 1.

Given the extensive nature of this Remote ID final rule (124 pages in the Federal Register) further analysis of this final rule will follow.

The Department of Justice Forecasts an Increase in Counter Unmanned Aircraft Systems (C-UAS) Protection Activities and Criminal Enforcement Actions

In a press release dated October 13, 2020, the Department of Justice (“DOJ”) announced the protection activities undertaken by the Federal Bureau of Investigation (“FBI”) to counter the threat posed by Unmanned Aircraft Systems (“UAS” or “drones”) at certain National Special Security Events (“NSSE”) (see P.L. 106-544, Sec. 3. 114 Stat. 2716) , Special Events Assessment Rating (“SEAR”) events, and select mass gatherings throughout the country over the past fiscal year.  (An NSSE is a major federal government or public event designated by the President—or his representative, the Secretary of the Department of Homeland Security (DHS) that is considered to be nationally significant as designated event that  may be the target of domestic / international terrorist activity.  SEAR events are voluntarily submitted special events, which are sent to the Department of Homeland Security’s (DHS) Office of Operations Coordination (OPS) by state, local, and federal officials for a risk assessment. Examples of submitted events have included the Super Bowl, Indianapolis 500, and the Kentucky Derby.)

The DOJ press release indicates that the agency and the FBI are publicizing protection activities in an effort to deter careless and criminal UAS operators in light of an anticipated increase in enforcement activity in response to the misuse of UAS. 

The DOJ press release states that the Preventing Emerging Threats Act of 2018 (codified at 6 U.S.C. § 124n) provides DOJ a tailored grant of authority for authorized DOJ components such as the FBI (and six other bureaus  in the DOJ) to take appropriate and lawful action against unmanned aircraft or unmanned aircraft systems that threaten the safety and security of the public, covered facilities and assets, and DOJ missions, consistent with the Constitution, applicable federal laws and regulations, and department policy. (The United States Code at 49 U.S.C. § 44801(5) defines the term "counter-UAS system" as a system or device capable of lawfully and safely disabling, disrupting, or seizing control of an unmanned aircraft or unmanned aircraft system.)

DOJ indicates that from Oct. 1, 2019, to Sept. 30, 2020, the FBI has provided counter-UAS support at dozens of events, including national level sporting events such as Super Bowl LIV in Miami, the 2019 World Series, and the 2020 Rose Bowl Game, as well as at other major events that draw large crowds like Washington, D.C.’s A Capitol Fourth and New York City’s New Year’s celebration.  During this period, the FBI has detected over 200 UAS unlawfully flying in national security airspace restricted by the Administrator of the Federal Aviation Administration at such events, and has taken corrective action. 

Operators who violate the national security-related flight restrictions put in place to protect these events risk facing criminal charges.  See  49 U.S.C. § 46307, which enforces 49 U.S.C. § 40103 (b) (3). 

The full DOJ press release can be viewed here.

For more information contact Robert E. Kelly at Kellylawuas@gmail.com