The Biden administration is still struggling to provide a coherent response to concerns about drone sightings that have emerged in the Northeast.
For days, the president’s appointees remained silent as the buzz over alleged mysterious drones escalated. They then offered vague assurances that whatever the lights in the sky are, there is no sign that they are dangerous or operating illegally – and that many of them are not drones at all, just planes and helicopters.
Recently, White House National Security Communications Advisor John Kirby floated the idea of creating a commission to investigate “congestion” in U.S. airspace. But people familiar with the U.S. aviation system say they can’t figure out what that proposal means, or how it might address people’s concerns about what’s hanging around their homes.
Meanwhile, concerns about the mysterious sightings have continued to rise on social media and in news reports, including among law enforcement and elected officials, in what has become a growing public relations fiasco for the waning Biden administration. It also provided ample opportunities for embarrassment for some people who have reported seeing the drones — such as former Republican governor of Maryland, Larry Hogan, who faced accusations that he was startled by the constellation Orion.
Sen. Tom Cotton (R-Ark.), speaking Tuesday on “The Hugh Hewitt Show,” said lawmakers were also in the dark and criticized the Biden administration’s response.
“We have received briefings – although you might put air quotes around briefings,” he said. “The government cannot tell us where these planes come from, what they do, whether they pose a threat or who in the government is responsible for shooting them down.”
Rep. Pat Ryan (D-N.Y.) called an unclassified briefing for lawmakers representing New York and New Jersey “damn annoying.”
“No urgency. no transparency. I provided them with details of my own people on the ground at Stewart [Air National Guard Base]which was closed for almost two hours,” Ryan said Tuesday, referring to an incident at the military base last week.
On Hewitt’s show, Cotton agreed: “It’s almost comical, some of the stories we hear. For example, base commanders send pilots up the flight line with flashlights to identify them,” he said.
A drone industry executive, who was granted anonymity to discuss how the FAA manages airspace, said the incidents are a disturbing showcase of the “lack of airspace awareness,” coupled with how challenging the problem of integrating drones into the airspace has become. in recent years.
Kirby offered the blue-ribbon panel option on Monday, saying that when Congress returns in January, the White House will “call on them to build bipartisanship.” [commission] to investigate airspace congestion and help establish appropriate regulations to address public concerns.”
But when asked for more details about what the committee would investigate, a National Security Council spokesperson referred questions to the Federal Aviation Administration. In a call with reporters on Tuesday, a senior FAA official, granted anonymity to discuss the matter, referred questions back to the NSC after stating that the agency is “clearly committed to safely integrating drones into the [national airspace].”
Of course, parts of US airspace, especially around major metropolitan areas like New York City, are indeed congested. But drones typically don’t share airspace with airplanes or other aircraft under the direction of air traffic controllers, leaving many industry observers scratching their heads over exactly what congestion the White House wants to address.
The drone industry executive said it is “rare” for planes, helicopters and drones to share airspace. Airplanes generally operate under the direction of air traffic control, which begins about 400 feet above the ground. Most drones do not exceed that threshold and therefore do not enter controlled airspace.
Some types of aircraft commonly operate below the 400-foot threshold – think law enforcement and medical helicopters – and those types of flights can come into conflict with drones.
Bailey Wood, a spokesman for Vertical Aviation International, a trade group that represents helicopter operators, among others, said that while air traffic control is not responsible for directing flights below 400 feet, that does not mean the area is “free from complexity.”
“The increasing presence of drones underlines the critical importance of emphasizing safe operations in this already congested airspace. We would like to emphasize that minimizing this complexity risks overlooking vital safety considerations and operational challenges facing the vertical aviation industry,” Wood said.
The drone industry executive noted that in those areas there is a shared responsibility for pilots to detect and avoid each other. Additionally, the FAA requires all drone pilots to maintain visual contact with their craft, or have some other type of detection equipment present. He said more investment in these types of technologies could be part of a committee’s work.
But it’s unclear if that’s what Kirby actually meant.
Aside from questions about the scope of the proposed commission, the drone episode has raised awareness of the relatively scant authority that exists to deal with errant drones – currently only the Department of Homeland Security and the Department of Justice can ban them, and in limited cases.
Over the weekend, Senate Majority Leader Chuck Schumer backed a bill, S. 1631, that would expand counter-drone authorities, including to state or local law enforcement agencies that have the appropriate approvals.
But larger bills that could piggyback on it, such as a major defense authorization bill or a bill to fund the government, are already moving through Congress. That means the bill will likely die at the end of the year and have to be reintroduced.
Waiting in the wings is a rule that would also dictate how drones should behave and where they can fly without visual observers over longer distances – which the industry has been wanting to expedite for years on how drones can be used in the US (currently the FAA is approving waivers for these flights on a case-by-case basis).
“We don’t need to study this further,” the director added, saying the “beyond visual line of sight” rule “must move forward.”
“If drone operations were normalized, we wouldn’t be having this conversation about New Jersey,” the director said.
On how best to respond to the hysteria, the senior FAA official reiterated Tuesday that continued transparency and increasing the public’s understanding of “what’s out there” could allay some residents’ concerns, as well as what the FAA is legislating for .
“It’s a collective effort from all of us to just keep talking about what we’re seeing,” the FAA official said.
— Connor O’Brien contributed to this report.
