Debates emerged as to whether the compact, nimble nature of small UAS and the low altitudes at which they would conduct operations under FAA regulations merited new or revised laws at the state and local level – and whether localities could even adopt such laws given the FAA’s role as the nation’s sole aviation regulator. Why Does the FAA Have a Drone Law Preemption Fact Sheet?Īs both fact sheets explain, Congress has long vested the FAA with broad and exclusive legal authority to regulate “airspace use, management and efficiency, air traffic control, safety, navigational facilities, and aircraft noise at its source.” In 2012, Congress extended this mandate into the then-nascent world of UAS and directed the FAA to develop a comprehensive plan and regulations to integrate UAS into the national airspace.įollowing Congress’ UAS directive, while the FAA worked to develop enabling regulations for UAS operations, states and localities began to consider whether they should likewise attempt to regulate the nascent technology. The Fact Sheet should be a helpful resource for state and local lawmakers, industry and other stakeholders, courts, and others looking to determine how states and localities can address policy concerns related to UAS operations in their communities without running afoul of federal law. Overall, the document makes significant strides in clarifying the legal landscape. In the updated Fact Sheet, the FAA continues to assert broad preemptive authority over airspace regulation. The document updates and replaces prior guidance on this topic that was published in a 2015 fact sheet. The FAA’s long-awaited revised discussion of the scope of federal preemption and state and local authority comes in a new Fact Sheet released on July 14 by the FAA’s Office of the Chief Counsel. It outlines robust federal preemption in aviation safety and airspace efficiency, while delineating roles for state and local governments that are – overall – clearly and appropriately circumscribed. The FAA’s new analysis resolves several legal questions that have arisen since the agency last published a Fact Sheet on this topic nearly eight years ago. The Federal Aviation Administration (FAA) recently offered new guidance on the boundaries of federal, state, and local authority to regulate uncrewed aircraft systems (UAS or drones).
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