Evolving Law on Airport Implications by Unmanned Aerial Systems (2017) / Chapter Skim
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Pages 45-55
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From page 45... ...
45 integrated way with traditional manned aircraft. Meanwhile, Syracuse's Hancock International Airport became the nation's first commercial airport with federal permission to launch and land unmanned aircraft, including daily training flights of the Air National Guard's 174th Attack Wing MQ-9 Reaper drones.
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From page 46... ...
46 In a 2016–2017 survey of members of the AAAE, airport sponsors identified foreign object debris surveillance, wildlife management, aircraft maintenance, terminal or perimeter security, airport construction, infrastructure inspection, passenger services, and cargo among "UAS operations that could benefit your airport." 390 Respondents then ranked the usefulness of each mission as follows: • Most respondents viewed foreign object debris detection as a ready use of UAS at airports. Of those sponsors who identified foreign object debris detection as a useful UAS operation, 37% identified this type of operation as "very helpful," 31% as "somewhat helpful," 20% as "neutral," 10% as "somewhat unhelpful," and 2% as "very unhelpful." • A significant number of respondents rated the deployment of UAS for wildlife management highly.
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47 A Airports and UAS Operator Notification Aviation regulators have allocated and will continue to dedicate considerable resources toward integrating drones into the NAS, but they have produced comparatively less guidance about integrating drones into the airport environment.
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48 want to fly. 396 The app pulls information directly from publicly available FAA data sources and packages, including the FAA's airport database, which includes all airports that meet the regulatory definition of an airport, from the largest commercial hubs to hospital helipads and backyard air strips.397 Model airfields of established community-based model aircraft organizations are not included, however.
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49 for model UAS operators vary widely depending on the type of airport involved. Currently, however, some airports around the nation appear to have achieved workable notification schemes.403 For example, a major hub like Phoenix Sky Harbor International Airport has a robust notification scheme, including a YouTube informational video404 and an online form to make notifications in the Phoenix metropolitan area; the form requires the name, e-mail, telephone number, and dates and times of UAS operation and providing a "drone safety map" for users to determine if their operation is permissible.405 Phoenix-Mesa Gateway Airport Authority has also made operational advice and notification procedures available online,406 while Houston Airports have published a web-based written policy respecting UAS operations.407 Operationally, B4UFLY has brought attention to two challenges associated with the FAA's airport notification scheme for recreational and hobby UAS.
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From page 50... ...
50 by Part 107 or the common law and so ripe for further research and development, if not litigation.412 2. Part 107 UAS Operations, Class G Airspace, and Airports In the Preamble to Part 107, the FAA emphasized its exclusive authority of the airspace overlying an airport while at the same time acknowledging that airports have the power to govern UAS operations on the surface of the airport.
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From page 51... ...
51 Some local authorities are requiring UAS operators to provide advance notice to airport operators given persisting uncertainty about how to proceed under the incrementally evolving and "phased-in" framework of federal UAS regulations. For example, in the City of Longmont, Colorado, Ordinance 13.39.040 identifies UAV flight as a "restricted activity" such that operators must provide advance notification to the airport manager before flying and fly in accordance with the specific requirements stipulated by the airport manager unless otherwise approved by agreement, aircraft operators and owners.419 The ordinance further states that UAV operators "within five miles of the airport shall comply with all applicable legal requirements.
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52 UAS Facility Maps show the maximum altitudes around airports where the FAA may authorize Part 107 UAS operations without additional safety analysis.428 The maps should be used to inform requests for Part 107 airspace authorizations and waivers in controlled airspace.429 Importantly, however, the maps themselves do not authorize operations in these areas at the depicted altitudes as they are for informational purposes only.430 Requests to operate in controlled airspace (Class B, C, D, or surface area E) must still be submitted through the FAA's Online Waiver Portal.431 Individuals who request a Part 107 airspace waiver and authorization are encouraged to consult the maps prior to submitting a request to determine locations and altitudes that can be approved quickly.432 The maps will be published in phases, starting with Class E airport maps (published April 27, 2017)
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53 will require further coordination and FAA safety analysis, which can result in additional safety mitigations to be complied with by the drone operator.441 Remote pilots can refer to the maps to tailor their requests to align with locations and altitudes when they complete airspace authorization applications.442 This will help simplify the process and increase the likelihood that the FAA will approve their requests.443 FAA air traffic personnel will use the maps to process Part 107 airspace authorization requests.444 Altitudes that exceed those depicted on the maps require additional safety analysis and coordination to determine if an application can be approved.445 Additional maps will be published every 56 days through the end of the year.446 The updates will coincide with the agency's existing 56-day aeronautical chart production schedule.447 B Aeronautical Activity: UAS Revenue Generation and Grant Assurances In terms of UAS operations over, near, at, and around airports, much attention is rightly focused on safety.
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From page 54... ...
54 • Finally, an open question exists as to whether FAA prohibitions against unjust discrimination and granting exclusive rights will apply to the operation of drones on airports. As a preliminary matter, some gray area exists as to whether UAV operations are aeronautical as some UAV operations do not require traditional airport infrastructure (e.g., runways and taxiways)
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From page 55... ...
55 over, near, at, and around airports.461 For example, in Britain, Blighter Surveillance Systems has developed the Blighter A400 series air security radars for UAS detection462 while SRC manufactures the Silent Archer Counter-UAS system domestically.463 UAS detection capabilities also have been or soon will be tested at airports in Denver,464 Atlantic City, New York, and Dallas.465 More exotically, overseas, Holland has deployed a team of eagles to take down rogue drones.466 Whatever the defensive system, only the minority of airports appear to be involved in counter-drone initiatives in the United States. In response to a 2016–2017 poll asking members of the AAAE whether their airport has any anti-drone or UAS countermeasures in place, 90% of the respondents answered no.
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