The FAA Reauthorization Act of 2024 is in the news this week as many are anxious to see the Act passed in Congress and be signed into law by the President. The Act contains many important provisions for both crewed and uncrewed aviation. Although the Act does not currently contain any provisions for expanded authorities for Counter-UAS, as seen in the 2018 version, several sections may impact the airspace awareness and protection mission in the United States.
Section 1112 of the FAA Reauthorization Act of 2024 does, however, extend the Counter-UAS authorities of the Department of Justice and the Department of Homeland Security until October 1, 2024. This extension will give Congress another five months to discuss and agree (hopefully) on expanding authorities and capabilities to law enforcement and critical infrastructure.
In the meantime, this legislation does have some potential “wins” that could positively impact aspects of this security mission. Below are examples of sections in the FAA Reauthorization Act of 2024 that may impact the Counter-UAS mission:
Section 905- Radar Data Pilot Program
Not later than 270 days after the date of enactment of this Act, the Federal Aviation Administration (FAA) Administrator, in coordination with the Secretary of Defense and other heads of relevant Federal agencies, shall establish a Sensitive Radar Data Feed Pilot Program to make airspace data feeds containing controlled unclassified information available to qualified users.
Why this matters: Qualified users would be provided access to airspace data feeds related to air traffic within the national airspace system that could be used to provide and enable air traffic management services, unmanned aircraft system traffic management services, or test technologies that enable or enhance these services. Although not specifically designated, these feeds may enhance airspace awareness for certain Counter-UAS missions.
Section 906- Electronic Conspicuity Study
The Comptroller General shall conduct a study of technologies and methods that may be used by operators of unmanned aircraft systems to detect and avoid manned aircraft that may lawfully operate below 500 feet above ground level and that are—
(1) not equipped with a transponder or automatic dependent surveillance-broadcast out equipment; or
(2) otherwise not electronically conspicuous.
Why this matters: Although this section focuses on the awareness of crewed aircraft for drone operations, this technology and data could also provide a more comprehensive airspace awareness picture for Counter-UAS missions.
Section 907- Remote Identification Alternative Means of Compliance
The FAA Administrator shall review and evaluate the final rule of the FAA titled ‘‘Remote Identification of Unmanned Aircraft’’, issued on January 15, 2021 (86 Fed. Reg. 4390), to determine the feasibility and advisability of whether unmanned aircraft manufacturers and operators can meet the intent of such final rule through alternative means of compliance, including through network-based remote identification.
Why this matters: Increasing the compliance rate of Remote ID and enabling additional methods in which the Remote ID message elements can be made available to safety and security personnel will provide a more comprehensive airspace awareness picture, as well as provide important data to enable more complex UAS operations in the national airspace.
Section 922- Extension of Know Before You Fly Campaign
The Administrator of the FAA is authorized $1,000,000 for fiscal years 2024 through 2028 for the Know Before You Fly educational campaign or similar public informational efforts to broaden unmanned aircraft systems safety awareness.
Why this matters: A knowledgeable drone pilot population with access to information and tools to operate within the national airspace system enables safety and security. Reducing the number of careless and clueless drone pilots operating in restricted or controlled airspace allows safety and security personnel to focus on actual real-time threats or emergencies.
Section 924- UAS Test Ranges
This section includes language allowing the FAA Administrator to select and designate up to two (2) additional UAS test ranges through a competitive selection process. Seven (7) UAS test ranges have already been designated through previous legislation.
The legislation allows the FAA to designate the UAS test ranges as restricted areas, special use airspace, or other similar type of airspace. Among the activities that would be authorized include conducting Counter-UAS testing capabilities, with the approval of the Administrator.
Why this matters: Counter-UAS companies, end-users of their technologies, and researchers are limited to where these systems can be tested and evaluated. By increasing the number of UAS test ranges and enabling airspace restrictions, the industry, as well as the safety and security of the homeland, can more quickly evolve.
Section 928- Recreational Operations of Drone Systems
This section requires the FAA to establish a process to approve and publicly disseminate the location of fixed sites where pilots may carry out certain recreational UAS operations.
These fixed-site locations expand the operations that are not normally available to recreational UAS operators. Examples include:
- The FAA Administrator, in coordination with community-based organizations (CBO) sponsoring operations at fixed sites, will be able to develop a process to approve requests for UAS operations at fixed sites that exceed the maximum altitude in a UAS Facility Map published by the FAA.
- At fixed sites in uncontrolled airspace, operations 400 feet above ground level can occur with prior authorization from the FAA Administrator. Additionally, UAS weighing 55 lbs or more can be operated if the UAS complies with standards and limitations developed by the CBO, approved by the FAA Administrator, and operated from a designated fixed-site facility.
Why this matters: This section expands the scope of operations available to recreational users at designated locations. Security or law enforcement personnel involved in Counter-UAS operations must know the expanded rules, the fixed-site locations, and the unique flight profiles that may be authorized at these sites.
Section 929- Applications for Designation
This section applies to —Section 2209 of the FAA Extension, Safety, and Security Act (FESSA) of 2016. Not later than 90 days after the date of enactment of the FAA Reauthorization Act of 2024, the FAA Administrator shall publish a notice of proposed rulemaking (NPRM) to carry out the requirements of this section. A final rule must be published not later than sixteen (16) months after publishing the NPRM.
For reference, Section 2209 requires the FAA to establish protocols for individuals to petition the agency to impose limitations or restrictions on the operation of drones in the vicinity of a fixed-site facility.
A “fixed site facility” encompasses critical infrastructure such as energy production, transmission, distribution and equipment, oil refineries and chemical facilities, amusement parks, and other locations warranting such restrictions.
This section would strike the term”Other locations that warrant such restrictions” from the original language and add “State prisons.”
Why this matters: Owners and operators of critical infrastructure have waited for around eight (8) years for the process to apply for flight restrictions around designated facilities. These flight restrictions do not prevent an unauthorized drone from accessing the airspace above a designated facility. The legislative language from FESSA or the current proposed legislation does not designate the repercussions of unauthorized drone flights over these facilities.
Section 935- Protection of Public Gatherings
This section expands the ability of the FAA Administrator to restrict UAS operations over eligible large public gatherings temporarily. Eligible entities who wish to request temporary flight restrictions will be required to submit requests at least thirty (30) days in advance and provide the agency with relevant information that includes the geographic boundaries of the stadium or venue, dates and times of the gathering, and other relevant information.
This section would expand the eligibility of flight restrictions to events at stadiums that would normally have flight restrictions for National Football League games, for example, to other events at the same stadium, such as concerts. Eligible events would require an estimated attendance of at least 30,000 people in a non-enclosed stadium and advertised in the public domain.
Large outdoor public gatherings at a location other than a stadium, defined by a static geographical boundary, advertised in the public domain, and with an estimated attendance of at least 100,000 people may also be eligible for temporary flight restrictions.
Why this matters: This section would expand the menu of events eligible for airspace restrictions. These airspace restrictions would justify the need for Counter-UAS or airspace awareness and protection capabilities at these events.
Although the expansion of temporary airspace restrictions to additional events is a win for security, the potential limitation of these airspace restrictions to the geographic boundary of the stadium or venue is not.
We’ll continue to monitor this and other important legislation. Stay tuned for more updates on the FAA Reauthorization Act and the expansion of Counter-UAS authorities.
Post Image- Aerial view of the Rose Bowl Stadium in Pasadena, California, on April 12, 2017. (Image Credit: Adobe Stock by trekandphoto)