"Introduction On September 28, 2006, the Deputy Secretary of Defense directed the Executive Director, Department of Defense (DoD) Policy Board on Federal Aviation, to pursue an agreement with the Federal Aviation Administration (FAA) to allow ready access to the National Airspace System (NAS) for DoD Unmanned Aircraft Systems (UAS) domestic operations and training. This Memorandum of Agreement (MOA) between the DoD and the FAA sets forth provisions that will allow, in accordance with applicable law, increased access for DoD UAS into the elements of the NAS outside of DoD-managed Restricted Areas or Warning Areas."
This is not the earliest document showing the DoD's intent to operate drones in the NAS. But this memorandum signed by the DoD and the FAA, on "The Operation of Department of Defense Unmanned Aircraft Systems in the National Airspace System" is the only one I've found that provides this reason for why they want it so badly:
What follows is a sampling (by no means, a comprehensive list) of some of the steps that have brought us to the point we are at now, in late 2017: on the cusp of unrestricted military drone operations across the continental United States.The one recurring sticking point is shown separately in orange.
Technical jargon: NAS: National Airspace System; ROA Remotely Operated Aircraft, UAV Unmanned Aerial Vehicle, UAS Unmanned Aircraft System: all different names for drones; See-and-avoid, Sense-and-avoid, Detect-and-avoid, SAA, ABSAA, GBSAA, etc.: various terms for automated anti-collision technology necessary to operate drones in crowded civilian airspace. The Holy Grail of drone integration, still unsuccessful, untested and unapproved by the FAA.
2002 From the Normalizing UAV Access to the National Airspace System - Progress Report
"1997-99 — FAA and DoD coordinate rules for permitting military ROAs in civil airspace in FAA order 7610.4" ... "FAA/OSD(Office of the Secretary of Defense) project is intended to address: Air traffic issues for operating military ROAs in U.S. civil airspace" ... "Goal: To enable routine (same day file & fly) access into the National Airspace System while maintaining an equivalent level of safety."
...
"FAA/OSD, 2001-2005 – Technical Phase: See & Avoid Requirements Quantification"
"FAA/OSD, 2001-2005 – Technical Phase: See & Avoid Requirements Quantification"
2004 From the Office of the Secretary of Defense Airspace Integration Plan for Unmanned Aircraft:
"It discusses the regulatory and technology issues that must be
addressed to achieve safe, routine access to the NAS for the
Department's UAVs by 2010."
...
"In June 2003, USAF's Air Combat Command (ACC) sponsored a joint working group to establish and quantify a sense-and-avoid (S&A) system capability for submission to the FAA"
...
"In June 2003, USAF's Air Combat Command (ACC) sponsored a joint working group to establish and quantify a sense-and-avoid (S&A) system capability for submission to the FAA"
2004-2006 'Access 5'
"Access 5 was a national project run by NASA in collaboration with industry, the Federal Aviation Administration (FAA), and the United States Department of Defense (DoD), in order to introduce high altitude, long endurance (HALE) remotely operated aircraft (ROA) for routine flights in the National Airspace System (NAS)" ... "The project was terminated on February 28, 2006 after a reorganization of NASA's research program."
...
"Access 5 has proposed a definition of sense and avoid, but the question remains as to whether any sense and avoid system can comply with 14 CFR 91.113 as currently written."
...
"Access 5 has proposed a definition of sense and avoid, but the question remains as to whether any sense and avoid system can comply with 14 CFR 91.113 as currently written."
2008 From the 2009 National Defense Authorization Act, it appears that "insufficient" progress had been made towards integrating drones into the NAS:
"As recognized in a
Memorandum of Agreement for Operation of Unmanned Aircraft Systems in the
National Airspace System signed by the Deputy Secretary of Defense and the
Administrator of the Federal Aviation Administration in September 2007, it is
vital for the Department of Defense and the Federal Aviation Administration to
collaborate closely to achieve progress in gaining access for unmanned aerial
systems to the National Airspace System to support military
requirements." ... "The Department of
Defense and the Federal Aviation Administration have jointly and separately
taken significant actions to improve the access of unmanned aerial systems of
the Department of Defense to the National Airspace System, but overall, the
pace of progress in access of such systems to the National Airspace System has
been insufficient and poses a threat to national security."
A threat to national security? Time to knock some heads:
"It is the sense of Congress that the Secretary of
Defense should seek an agreement with the Administrator of the Federal Aviation
Administration to jointly establish within the Department of Defense and the
Federal Aviation Administration a joint Department of Defense–Federal Aviation
Administration executive committee on conflict and dispute resolution which
would ... identify solutions
to the range of technical, procedural, and policy concerns arising in the
integration of Department of Defense unmanned aerial systems into the National
Airspace System in order to achieve the increasing, and ultimately routine,
access of such systems into the National Airspace System."
Notice how the directions from Congress have moved up the chain of command from the Administrator of the FAA to his/her boss, the Secretary of Transportation, and added the Secretary of Homeland Security to the mix?
Is it likely that Congress would go so far as create a "committee on conflict and dispute resolution" in such a visible place as the Defense Budget... if there hadn't already been a history of conflict and dispute between the FAA and DoD?
2009 From the 2010 National Defense Authorization Act:
"PLAN ON ACCESS TO NATIONAL AIRSPACE FOR UNMANNED
AIRCRAFT SYSTEMS.
The Secretary of Defense and the Secretary
of Transportation shall, after consultation with the Secretary of
Homeland Security, jointly develop a plan for providing expanded
access to the national airspace for unmanned aircraft systems of
the Department of Defense"
AIRCRAFT SYSTEMS.
The Secretary of Defense and the Secretary
of Transportation shall, after consultation with the Secretary of
Homeland Security, jointly develop a plan for providing expanded
access to the national airspace for unmanned aircraft systems of
the Department of Defense"
Notice how the directions from Congress have moved up the chain of command from the Administrator of the FAA to his/her boss, the Secretary of Transportation, and added the Secretary of Homeland Security to the mix?
"The plan required by subsection (a) shall include the following:
(1) A description of how the Department of Defense and the Department of Transportation will communicate and cooperate, at the executive, management, and action levels, to provide expanded access to the national airspace for unmanned aircraft systems of the Department of Defense."
Read it here, starting on page 247.
"Washington: Unmanned military aircraft may soon have a permanent home
in U.S. commercial airspace, according to a Defense Department
official. The Pentagon and the Federal Aviation Administration are carving out
between four to 10 “bubbles” in civilian airspace above the United
States to test UAS, Steve Pennington, executive director of the Defense
Policy Board on Federal Aviation, said today. These airspace bubbles will be located across the country and provide
DoD and the FAA space to show that UAS can fly in heavily-traveled
commercial airspace in all conditions across the United States. The sites will not be co-located with existing DoD sites that have
been cleared to fly UAS in the United States, such as Grand Forks Air
Force Base, ND, Pennington said. However, he said the new airspace sites
will likely butt up against those DoD-owned sites. DoD will begin preliminary site selection for those locations by the end of 2012, Pennington said."
(1) A description of how the Department of Defense and the Department of Transportation will communicate and cooperate, at the executive, management, and action levels, to provide expanded access to the national airspace for unmanned aircraft systems of the Department of Defense."
Read it here, starting on page 247.
It appears that 13 years into the effort, there was still confusion on exactly how to proceed, who was to be involved, and who was in charge.
2010 From the Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems:
2010 From the Final Report to Congress on Access to National Airspace for Unmanned Aircraft Systems:
"The Secretary of Defense and the Secretary of Transportation shall, after consultation with the Secretary of Homeland Security, jointly develop a plan for providing expanded access to the national airspace for unmanned aircraft systems of the Department of Defense."
...
"FAA goals are to develop standards, policy, regulations, and guidance material for UAS without negatively impacting manned aircraft and the strategic operation of the NAS. Examples of specific needs include: Sense and Avoid (SAA) standards and policy commensurate with manned aircraft operations."
...
"FAA goals are to develop standards, policy, regulations, and guidance material for UAS without negatively impacting manned aircraft and the strategic operation of the NAS. Examples of specific needs include: Sense and Avoid (SAA) standards and policy commensurate with manned aircraft operations."
Or, Not so final:
2011 From the DoD Report to Congress on Future Unmanned Aircraft SystemsTraining, Operations, and Sustainability:
"The Department of Defense (DoD) continues to increase its investment in unmanned aircraft systems (UAS) to meet battlefield commanders’ demand for their unique capabilities. The emphasis on long endurance, unmanned intelligence, surveillance and reconnaissance (ISR) assets – many with strike capabilities – is a direct reflection of recent operational experience and further Combatant Commander demands. This increase in demand has resulted in a large number of UAS capable of a wide range of missions. This large number of fielded UAS has also driven a strong demand for access within the National Airspace System (NAS)." (emphasis mine)
...
"These interim airspace measures provide immediate improved NAS access, while USAF and FAA work together towards viable long-term and routine sense-and-avoid solutions without undue burden on other NAS stakeholders."
...
"These interim airspace measures provide immediate improved NAS access, while USAF and FAA work together towards viable long-term and routine sense-and-avoid solutions without undue burden on other NAS stakeholders."
From Feds Carving Up U.S. Airspace For Drone Tests, Breaking Defense, August 18, 2011:
Notice how it's suggested that the Department of Defense will actually take the lead in selecting test sites, not the FAA. Read more on those test sites and their military components here. Oh, and:
(BTW, the author of the Dept. of Defense's 2011 UAV Integration Plan is former USAF Col. Dallas Brooks. He is now Associate Director for Research at the FAA's Center of Excellence for Unmanned Aircraft Systems, "ASSURE". ASSURE is tasked with coordinating the national research collaboration between dozens of State drone testing programs, the FAA, and the Dept. of Defense, and then making recommendations to the FAA and to Congress on specific steps towards UAS Integration.)
2012 FAA Modernization and Reform Act:
2017 National Defense Authorization Act for Fiscal Year 2018
"As tests progress, DoD officials plan to move to a partially automated sense-and-avoid system on board the aircraft, Pennington said."
2011 DoD UAS Airspace Integration Plan:
"Near-term efforts can help increase UAS access to the NAS immediately, while a full set of regualtions, policy and procedures, standards, and technology must be developed and considered to allow UAS appropriate access to the NAS in a safe and efficient manner. The Department of Defense recognizes integrating UAS into the NAS is essential to fulfill our airborne mission requirements."
...
...
"Regulatory Compliance The military departments have a robust process for establishing manned aircraft flight standards and procedures. However, the FAA has not yet released specific and permanent guidance for unmanned aircraft flight standards and procedures. This makes it difficult to know, with consistency or certainty, if UAS can or cannot comply. An example is the FAA Unmanned Aircraft Program Office’s Interim Approval Guidance 08- 01, which asks COA applicants to provide system safety studies that support any proposed UAS see and avoid strategy without visual observers. In the absence of defined compliance standards, UAS proponents would need a comprehensive methodology for generating sufficient analytical evidence. Unfortunately, there is no established FAA methodology or guidance for creation of such system safety studies."
(BTW, the author of the Dept. of Defense's 2011 UAV Integration Plan is former USAF Col. Dallas Brooks. He is now Associate Director for Research at the FAA's Center of Excellence for Unmanned Aircraft Systems, "ASSURE". ASSURE is tasked with coordinating the national research collaboration between dozens of State drone testing programs, the FAA, and the Dept. of Defense, and then making recommendations to the FAA and to Congress on specific steps towards UAS Integration.)
2012 FAA Modernization and Reform Act:
"STANDARDS FOR OPERATION AND CERTIFICATION.—Not later than December 31, 2015, the Administrator shall develop and implement operational and certification requirements for the operation of public unmanned aircraft systems in the national airspace system."
(note: "Public" is how the FAA is required to refer to all govt. operated aircraft, including (especially) those operated by the military.)
...
"...fill the immediate need of the Department of Defense ... to validate the sense and avoid capability and operation of unmanned aircraft systems."
2017 National Defense Authorization Act for Fiscal Year 2018
House version:
"The Administrator of the Federal Aviation Administration and the Secretary of Defense shall collaborate on developing standards, policies, and procedures for sense and avoid capabilities for unmanned aircraft systems."
"The Administrator of the Federal Aviation Administration and the Secretary of Defense shall collaborate on developing standards, policies, and procedures for sense and avoid capabilities for unmanned aircraft systems."
Reconciled with Senate version, signed into law:
"The Administrator of the Federal Aviation Administration and the Secretary of Defense may collaborate on sense-and-avoid capabilities for unmanned aircraft systems."
"The Administrator of the Federal Aviation Administration and the Secretary of Defense may collaborate on sense-and-avoid capabilities for unmanned aircraft systems."
Or, if history is any guide, they may not. What does it say that 20 years into this forced "collaboration", one partner has to be continually dragged back into it? The deadline mandated in the 2012 FAA Act for them to issue those "operational and certification requirements for the operation of public unmanned aircraft systems" was Dec. 31st, 2015. Two years behind schedule, and the 2018 Defense budget orders them to go back again and try harder.
The FAA is charged with defending the safety of US air travelers. Do they know something about these critical "sense-and-avoid" systems for military drones that the Dept. of Defense doesn't want to accept?
