FAA Announces Unmanned Aircraft System Test Site Program

FAA ANNOUNCES UNMANNED AIRCRAFT SYSTEM TEST SITE PROGRAM

Last week, FAA issued a Notice announcing the process by which the agency will select the test sites for the unmanned aircraft system (UAS) test site program and requesting public comment on privacy questions raised thereby.

In order to integrate UAS into the National Airspace System (NAS), the FAA developed a UAS test site program to gather safety and technical information.  The FAA will select six test ranges.  The FAA has published a Screening Information Request, available at http://faaco.faa.gov, for those interested in applying to operate a UAS test site.

The expanded use of UAS presents great opportunities, but it also raises privacy issues, which the FAA intends to address by including privacy requirements applicable to UAS test sites in each final Other Transaction Agreement (OTA).  The proposed privacy requirements for UAS Test Sites are as follows:

(1)The Site Operator must ensure that publicly-available privacy policies (informed by Fair Information Practice Principles) govern all activities conducted under the OTA.  It must consider public comments on its policies and update those policies from time to time.

(2)The test site must be operated in accordance with Federal, state, and other privacy laws.  If criminal or civil charges are brought for violation of any privacy law, the FAA may take appropriate action, including suspending the operational authority until completion of the proceedings and terminating the authority if a violation is found to have occurred.

(3)The FAA may update the OTA to reflect any changes in legislation or regulation that affect UAS and UAS-related entities.

(4)Transmission of data from the Site Operator to the FAA or its designee must only include those data listed in Appendix B to the OTA. (Appendix B to the OTA is available as part of the SIR at http://faaco.faa.gov.)

Comments are due on or before April 23, 2013.  If you have any questions regarding the UAS test site program or if you would like assistance in the preparation or submission of comments or the preparation or submission of an application to operate a UAS test site, please contact our office.