Massachusetts Says Amazon’s Drone Hub Needs a State Certificate

BOSTON, Oct. 22 — MassachusettsMassachusetts has told Amazon that its planned drone-delivery base in Westborough cannot open without a certificate from the state’s aviation regulators, and that Amazon has not yet asked for one.

In a letter dated Thursday, Denise J. Garcia, the administrator of the Aeronautics Division of the state’s Department of Transportation, wrote that Amazon “cannot establish a takeoff and landing area in Westborough—or anywhere else in Massachusetts—without first obtaining a certificate of approval” from the division. Amazon should expect the division to schedule “at least one public hearing” before it decides, she wrote.

Westborough, a Worcester County town of about 22,000 people, would be Amazon’s first Prime Air site in New England, Boston.com reported. The Federal Aviation Administration controls the airspace, but its 2023 guidance to states and localities says “States have a valid interest in choosing where aircraft may operate on the ground.” It also says they “may not regulate in the fields of aviation safety or airspace efficiency.”

Ms. Garcia cited a state law, Section 39B of Chapter 90, that bars operating an airport or restricted landing area without a state “certificate of approval” but exempts restricted landing areas “designed for non-commercial private use.” Because the FAA has approved Amazon as an air carrier, she wrote, its proposed operations are “commercial flights subject to Section 39B.”Every OperatorBy that test, any delivery operator approved under the same federal rules, known as Part 135, would need the state’s approval, wrote DroneXL, a drone-industry news site. DoorDash “just received” one, 16 state legislators noted on Monday.

The division must ensure “that the proposal poses no threat to safety before any operations can begin,” the letter says, noting community concerns about “flight over private property at very low altitudes.” It will also weigh “pending litigation over the federal approach to environmental review,” a case the letter does not name. Massachusetts is one of 15 states that petitioned a federal appeals court on Sept. 28 to set aside the FAA’s nationwide environmental assessment of drone package delivery.The LawsuitNew York leads the petition, in the U.S. Court of Appeals for the Second Circuit; Harris County, Tex., also joined. It challenges the FAA’s assessment and finding of no significant impact, dated July 28.

“We will carefully scrutinize their plans, and Amazon will need to demonstrate that its operations will not pose a risk to public safety and that it will minimize safety impacts on surrounding neighborhoods and the environment,” Phillip Eng, the interim transportation secretary, said in a statement quoted by The Boston Globe.

Amazon told a Westborough audience on Sept. 23 that it planned to launch possibly by the end of October and still needed approvals, including a state aeronautics inspection, DroneXL reported. State rules require an application for a restricted landing area at least 90 days before the site is first used, and a public hearing in the town before a certificate is issued. By DroneXL’s reading, the pad could not be used before Jan. 20, 2027, a date it called “a floor rather than a forecast.”

On Monday, 16 state legislators asked Gov. Maura Healey, Lt. Gov. Kim Driscoll and Attorney General Andrea Joy Campbell to set up a task force and bar state agencies from accepting or processing certificate applications from commercial drone-delivery operators “until that review and regulatory update is complete.” “Our window to regulate drone delivery services is closing,” Sen. Michael Moore said in a statement. “We are evaluating our options to make sure that the community’s interests are protected,” Jacqui Manning, a spokesperson for Ms. Healey, told the State House News Service, DroneXL reported.

That night Westborough’s special town meeting voted 510 to 13 to ban commercial drone pads and delivery drop zones. The bylaw must still clear the attorney general and, the town’s warrant says, Ms. Garcia’s division, DroneXL reported.

Lindsay Hamilton, an Amazon spokesperson, told The Boston Globe that Prime Air had a record of safe operations across nine states, with more than a decade of testing. “We remain committed to working closely with state and local officials as we continue to explore operations in Massachusetts,” she said. “We welcome the opportunity to demonstrate the safety of our operations and continue our engagement with local residents.”AMZNNasdaq266.93▲7.63+2.9%Amazon · Monday’s session

Amazon reports quarterly results on Oct. 29; Westborough’s Zoning Board of Appeals hears residents’ appeal on Nov. 2, and its planning board resumes Amazon’s site-plan hearing on Nov. 10.