Asks FAA To Prevent States From Creating Their Own Laws Regulating UAVs

A U.S.-based international law firm has petitioned the FAA requesting that any Notice of Proposed Rulemaking issued by the FAA addressing small unmanned aircraft systems ("sUAS") include a regulation that expressly preempts state and local regulation of sUAS including design, sale, distribution, use, or operation. Small UAS are defined as those that weigh less than 55 lbs. and typically fly no more than 400 ft. above ground level.

McKenna Long & Aldridge LLP (McKenna) made the petition on behalf of members of its UAS Advisory Group.

The preemption petition was signed by Mark Dombroff, a McKenna partner who formerly headed the U.S. Department of Justice's aviation litigation group, and Larry Ebner, a nationally recognized authority on federal preemption. The petition was prepared in conjunction with McKenna attorneys who have deep experience litigating federal preemption issues in cases involving conflicts between federal and state laws. The petition explains that a sUAS preemption regulation would be in the public interest and preserve and promote aviation safety. It would also facilitate safe and rapid integration of sUAS into the national airspace system.

"The FAA has the know-how, experience, and personnel for regulating UAS on a nationally uniform basis," Ebner said. "Allowing each state to adopt its own UAS regulations would jeopardize aviation and public safety by undermining national uniformity."

As the law struggles to stay in front of the surge in popularity of UAS, McKenna's UAS Advisory Group, which includes UAS designers, manufacturers, users, operators, trainers, former FAA officials and experienced aviation attorneys, is forging ahead on the pressing issues related to UAS such as federal preemption. This also includes the creation of an open regulatory process that ensures safe, reliable, and timely operation of sUAS.

"At McKenna, our UAS Advisory Group is focused on policy-making during this critical period of federal rulemaking that will shape the regulatory world in which the UAS industry will live," said Lisa Ellman, co-chair of McKenna's UAS practice.

(Image from file)

FMI: www.mckennalong.com