Photo of Mary-Caitlin Ray

On August 15th, the Federal Aviation Administration (“FAA”) posted a Request for Information (“RFI”) seeking responses from third party entities to administer a new aeronautical knowledge and safety test for recreational drone operators. The RFI marks the beginning of FAA’s implementation of Section 349 of the FAA Reauthorization Act of 2018, which requires FAA to develop an electronic test to be administered by FAA, community-based organizations, or by FAA designees. Anyone who wishes to fly a drone recreationally will need to pass the test and retain proof of passage.

According to the RFI, FAA will develop testing and training content, which will cover the safety and operational rules for recreational drones. Third party designees will be responsible for administering the test on an electronic, web-based platform. Designees may also be responsible for maintaining test data on behalf of the FAA, including personally identifiable information (“PII”) for adults and minor children, and for issuing certificates showing proof of passage. The FAA is open to responses from all industry stakeholders, but interested companies should ensure that they can demonstrate an ability to store data in accordance with a number of Federal privacy regulations, including the Federal Records Act, the Privacy Act of 1972, and the E-Government Act. The best-positioned respondents will likely have experience with Shareable Content Object Reference Model (“SCORM”) compliant Learning Management Systems (“LMS”), developing mobile platforms, and administering standardized tests.

After evaluating the responses in accordance with the RFI, FAA may initially invite certain companies to participate in further discussions, some of which may ultimately be selected as designees. Each designee will enter into a Memorandum of Understanding (“MOU”)—a type of Other Transaction Agreement—with the FAA. These types of vehicles are generally not subject to protest. Although the FAA clearly states that it will not provide funding under the MOUs, there do not appear to be restrictions on a designee incurring costs associated with administration of the test, storage of test-taker data, and production of certificates. Responses to the RFI are due on September 12, 2019; interested parties may view the RFI here.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Mary-Caitlin Ray Mary-Caitlin Ray

A former attorney for the Federal Aviation Administration, Mary-Caitlin represents aircraft owners, operators, and manufacturers as well as investors into aviation related businesses, advising on regulatory and transactional matters. Her clients come to her for practical and strategic advice on navigating complex aviation…

A former attorney for the Federal Aviation Administration, Mary-Caitlin represents aircraft owners, operators, and manufacturers as well as investors into aviation related businesses, advising on regulatory and transactional matters. Her clients come to her for practical and strategic advice on navigating complex aviation challenges. She has significant experience advising clients on the impacts of and solutions for emerging technologies in the aviation sector, including uncrewed aircraft systems (UAS or drones) and electric vertical takeoff and landing (eVTOL) aircraft.

Mary-Caitlin’s practice spans the crewed and uncrewed side of the aviation world.

She has advised Fortune 500 flight departments, high net worth individuals, and manufacturers and suppliers on regulatory concerns related to the operation and production of aircraft, including complex issues related to permitted compensation, pilot licensing, operating structures such as dry leasing, timesharing and fractional ownership agreements, and emergency and Letter of Investigation response related to quality escapes and incidents. She also represents clients in the acquisition and sale of business aircraft, including cross-border transactions requiring the export or import of aircraft.

Mary-Caitlin counsels drone and eVTOL manufacturers, operators, and owners on all aspects of FAA regulatory compliance, including the business impacts of the evolving global regulatory framework for emerging aviation technologies. She also advises drone manufacturers and operators developing internal aviation-related corporate policies and best practices.

Mary-Caitlin has significant experience advising investors on the regulatory implications of investment into a wide array of aviation-related businesses, including MROs, manufacturers (including eVTOL manufacturers), and businesses that own and/or operate aircraft.