State And Local Governments Reminded That Agency Has Sole Authority To Implement And Enforce Regulations

The National Business Aviation Association (NBAA) has welcomed the FAA’s reassertion that the agency has sole authority to implement and enforce regulations for all navigable airspace in the National Airspace System (NAS).

Specifically, the fact sheet, released Dec. 17, alerts local government entities that they are not allowed to regulate unmanned aircraft systems (UAS) in airspace above their surface jurisdiction, given the FAA’s federal preemption over such matters.

“We welcome this document, and strongly agree with its conclusion that the FAA is the only federal agency with the authority to regulate airspace in the NAS,” said Bob Lamond, NBAA director, air traffic services & infrastructure. “We urge local government authorities to understand their limits regarding control over UAS in the airspace above their surface jurisdiction.”

The FAA’s fact sheet states: “Congress has vested the FAA with authority to regulate the areas of airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise at its source.” The memo comes amid reports of hazardous use of UAS by individuals who either are unaware of, or are disregarding, UAS-operating requirements.

NBAA has long maintained that it is imperative that any introduction plan for UAS be focused on safety. This means UAS should not share the same airspace with manned aircraft until they have equivalent certification and airworthiness standards as manned aircraft, including the ability to take timely directions from air traffic control, and to sense and avoid manned aircraft and other UAS.

NBAA has continually supported initiatives designed to educate UAS users about the applicable rules and regulations for safe operation of the vehicles. In December 2014, NBAA joined the FAA’s “Know Before You Fly” initiative, which provides prospective UAS users with information and guidance for flying UAS in a safe, responsible manner. NBAA has also utilized the association’s events as opportunities for producing UAS-related materials and seminars to discuss their safe operation, as well as their potential applications for business aviation.

NBAA personnel have participated in UAS working groups for nearly 10 years, and the association has published expansive online resources covering developments in the UAS industry of importance to the business aviation community.

(Source: NBAA news release. Image from file)

FMI: www.nbaa.org