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US lawmakers propose commercial UAS access to national airspace by 30 September 2013

February 12, 2009

Commercial unmanned air systems would be given full access to the US national airspace by 30 September 2013 as part of draft legislation now before Congress.

The UAS airspace access initiative forms part of the US Federal Aviation Administration reauthorisation act of 2009, introduced into Congress 9 February and currently undergoing review by the House transportation and infrastructure and science and technology committees..

The draft legislation - HR915 - calls for the FAA to prepare a "comprehensive plan to safely integrate commercial UAs into the national airspace system" within nine months of the passage of the reauthorisation act.

It mandates that plan "define the acceptable standards for operations and certification of commercial UAS; ensure that any commercial UAS include a detect, sense and avoid capability; [and] develop standards and requirements for the operator, pilot, and programmer of a commercial UAS, including standards and requirements for registration and licensing."

The draft bill act calls for the FAA plan to make recommendations on how a phased approach to opening up airspace for civil UAS could be applied and the timeframe over which that could be achieved.

It says the full plan "shall provide for the safe integration of commercial UAS into the national airspace system as soon as possible, but not later than September 30, 2013."

The FAA reauthorisation act is expected to pass both houses by the end of this month, meaning the commercial UAS airspace plan would be finalised by November. The legislation calls upon the FAA to provide the document back to Congress within 12 months, or by February 2010.

The act proposes the FAA be required to issue a draft notice of rule making by May 2011 to implement the approved commercial UAS integration plan.

Small UAS operating within visual line of sight may be given fast track access ahead of the full opening up of US airspace.

The draft legislation calls for the agency to "determine if certain unmanned aircraft systems may operate in the national airspace system before completion of the plan" within six months of the authorisation act being passed.

That determination process would include assessment of "which types of UAS, if any, as a result of their size, weight, speed, operational capability, proximity to airports and population areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security".

The process would include examination of whether airworthiness certification or other certificates of authorisation would be required for such UAS.

A parallel study process examining military and government owned or operated UAS would see the FAA issue guidance by November this year on how these would be given incremental expansion of access to US airspace. That guidance would "expedite the issuance of a certificate of authorisation process; [and] provide for a collaborative process with public agencies to allow for an incremental expansion of access to the national airspace system as technology matures and the necessary safety analysis and data become available."

The draft legislation also backs the development of new test facilities for government owned and operated UAS. It calls for the FAA to facilitate "the capability of public agencies to develop and use test ranges, subject to operating restrictions required by the FAA, to test and operate UAS".

By Peter La Franchi