Law360 Quotes Akin Gump Lawyers on Transportation Legislation and Regulations to Watch in 2019

Law360 has quoted a trio of Akin Gump lawyers in its article “Transportation Legislation And Regulation To Watch In 2019.” Communications partner Jennifer Richter and senior policy advisor Mark Aitken spoke about what to expect with regard to new drone regulations, while Susan Lent, head of the firm’s infrastructure and transportation practice, commented on likely infrastructure investment.

The article reports that the Federal Aviation Administration is expected this summer to finalize two proposed rules: one concerning the remote identification and tracking of drones in flight and another allowing for drone flights over people.

“Remote ID is really the linchpin for all other drone activity on a regulatory front to move forward,” said Aitken. “There are other additional rulemakings that we know are in the queue such as operations over people, flight restrictions over critical infrastructure facilities and an advanced notice of proposed rulemaking regarding safe and secure drone operations.”

Richter agreed that having remote identification and tracking regulations in place is crucial for the next steps in building the FAA’s regulatory framework, including establishing an unmanned aircraft system (UAS) traffic management system and developing counter-UAS operations to fight back against unauthorized drone uses.

“Unless you know who’s in the air now and who’s not supposed to be in the air, you really can’t have a successful [traffic management system or counter-UAS program],” she said. “If you don’t have remote ID and tracking, it’s really hard to figure out who those bad actors might be and then to have a counter-UAS system that can protect the critical infrastructure from those drones. All of these things are really wrapped up together and they’re absolutely essential to complete in order for us to have a UAS system that is functioning in the U.S.”

“The drone issue is never an easy one for the FAA to handle,” Aitken added. At the same time, however, “there’s a lot of pent-up angst with the community to see further operations unlocked” beyond just the FAA’s prohibition of drone flights over people, nighttime operations and flights that are not within an operator’s visual line of sight, among other restrictions.

According to the article, many will also be watching this year for a comprehensive infrastructure investment proposal. Despite a lot of “positive bipartisan discussion,” Lent said it is still unclear whether Congress will actually pursue a large infrastructure bill or will tackle some issues incrementally.

Some of the specific issues needing attention include sweeping long-term legislation reauthorizing highway, transit, rail and vehicle safety programs and figuring out how to replenish the federal Highway Trust Fund, which pays for surface transportation projects nationwide.

“I’m assuming we’re going to see hearings, a lot of consideration about how do you pay for the bill, what types of innovation can be employed and how do you generate more money for infrastructure because everyone agrees more money should be invested in infrastructure," Lent said.