2019 December 26
- U.S. Department of Transportation issues Proposed Rule on Remote ID for Drones
The U.S. Department of Transportation’s Federal Aviation Administration (FAA) today
(December 26, 2019) announced a proposed rule that would continue the safe integration of Unmanned Aircraft Systems (UAS), commonly called drones,
into the nation’s airspace by requiring them to be identifiable remotely.
“Remote ID technologies will enhance safety and security by allowing the FAA, law
enforcement, and Federal security agencies to identify drones flying in their jurisdiction,” said U.S. Transportation Secretary Elaine L. Chao.
The FAA will seek input on the Notice of Proposed Rulemaking (NPRM) for Remote
Identification (Remote ID) of UAS that today was placed on display at the Federal Register. In the coming days, it will be accompanied by a 60-day comment period to receive public
feedback and help the FAA develop a final rule to enhance safety in the skies over the U.S.
“As a pilot, my eye is always on safety first,” said FAA Administrator Steve Dickson.
“Safety is a joint responsibility between government, pilots, the drone community, the general public and many others who make our nation so creative and innovative.”
Drones are a fast-growing segment of the entire transportation sector – nearly 1.5
million drones and 160,000 remote pilots are registered with the FAA. Equipping drones with remote identification technologies would build on previous steps taken by the FAA and the UAS industry to
safely integrate operations, including the small UAS rule, which covers drones weighing less than 55 pounds, and the Low Altitude Authorization and Notification Capability (LAANC), which automates
the application and approval process for most UAS operators to obtain airspace authorizations.
These efforts lay the foundation for more complex operations, such as those beyond visual
line of sight at low altitudes, as the FAA and the drone industry move toward a traffic management ecosystem for UAS flights separate from, but complementary to, the air traffic management
system.
The proposed Remote ID rule would apply to all drones that are required to register with
the FAA (recreational drones weighing under 0.55 pounds are not required to register), as well as to persons operating foreign civil UAS in the U.S.
Remote ID and Commercial Drones - Enabling identification and transparency in the NAS - Whitepaper - KittyhawkRemote-ID-White-Paper.pdf Adobe Acrobat document [9.5 MB]
Background
H.R.636
- FAA Extension,
Safety, and Security Act of 2016
SEC.
2202.
NOTE: 49 USC 40101
note. Consultation.
IDENTIFICATION
STANDARDS.
(a) In General. The
Administrator of the Federal Aviation Administration, in consultation with the Secretary of
Transportation, the President of RTCA, Inc., and the Director of the National
Institute of Standards and Technology, shall convene industry stakeholders to
facilitate the
development of consensus standards for remotely identifying operators and owners
of unmanned aircraft systems and associated unmanned aircraft.
(b) Considerations.--As
part of any standards developed under subsection (a), the Administrator shall ensure the
consideration of
(1) requirements for
remote identification of unmanned aircraft systems;
(2) appropriate
requirements for different classifications of unmanned aircraft systems
operations, including public and civil; and
(3) the feasibility of
the development and operation of a publicly accessible online database of
unmanned aircraft and the operators thereof, and any criteria for exclusion from
the database.
(c) NOTE: Reports.
Deadline. Not later than 1 year after the date of enactment of this Act, the Administrator
shall submit to the appropriate committees of Congress a report on any standards
developed under subsection (a).
(d) NOTE: Deadline.
Regulations. Guidance. Not later than 1 year after the date on which the Administrator submits
the report under subsection (c), the Administrator shall issue regulations or
guidance, as appropriate, based on any standards developed under subsection (a).
SEC. 2208. UTM
SEC.
2209.
NOTE: 49 USC 40101 note.
Deadline.
APPLICATIONS FOR DESIGNATION.
(a) Applications for
Designation. Not later than 180 days after the date of enactment of this Act, the Secretary of
Transportation shall establish a process to allow applicants to petition the Administrator
of the Federal Aviation Administration to prohibit or restrict the operation of an unmanned aircraft in close proximity to a fixed site facility.
(b) Review
Process.
(1) Application
procedures.
(A) In general. The
Administrator shall establish the procedures for the application for designation
under subsection (a).
(B) Requirements. The
procedures shall allow operators or proprietors of fixed site facilities
to apply for designation individually or collectively.
(C) Considerations. Only
the following may be considered fixed site facilities:
(i) Critical
infrastructure, such as energy production, transmission, and
distribution facilities and equipment.
(ii) Oil refineries and
chemical facilities.
(iii) Amusement
parks.
(iv) Other locations
that warrant such restrictions.
(2)
Determination.
(A) NOTE: Deadline.
Notice. In general. The Secretary shall provide for a determination under
the review process established under subsection (a) not later than 90 days after the date of application, unless the applicant is provided with written notice describing the reason for the delay.
(B) Affirmative
designations. An affirmative designation shall outline
(i) the boundaries for
unmanned aircraft operation near the fixed site facility; and
(ii) such other
limitations that the Administrator determines may be appropriate.
(C) Considerations. In
making a determination whether to grant or deny an application for a designation, the Administrator may consider
(i) aviation
safety;
(ii) protection of
persons and property on the ground;
(iii) national security;
or
(iv) homeland
security.
(D) Opportunity for
resubmission. If an application is denied, and the applicant can reasonably address
the reason for the denial, the Administrator may allow the applicant to reapply for designation.
(c) NOTE: Web posting.
Public Information. Designations under subsection (a) shall be published by the Federal
Aviation Administration on a publicly accessible website.
(d) Savings Clause.
Nothing in this section may be construed as prohibiting the Administrator from authorizing
operation of an aircraft, including an unmanned aircraft system, over, under, or within
a specified distance from that fixed site facility designated under subsection (b).
2019 February 13 - External Marking Requirement for Small Unmanned Aircraft
This interim final rule requires small unmanned aircraft owners to display the unique identifier assigned by the FAA upon completion of the registration process (registration number) on an
external surface of the aircraft. Small unmanned aircraft owners are no longer permitted to enclose the FAA-issued registration number in a compartment.
Federal Aviation
Administration on 02/13/2019
2018 October 5 - FAA Reauthorization Act
EYE SEE YOU UP THERE PREZI
On October 5, 2018, the President signed the FAA Reauthorization Act of
2018 (PDF). The Act establishes new conditions for recreational use of drones and immediately repeals the Special Rule for Model Aircraft.
- Fly for hobby or recreation only
- Register your model aircraft
- Fly within visual line-of-sight
- Follow community-based safety guidelines and fly within the programming of a nationwide community-based organization
- Fly a drone under 55 lbs. unless certified by a community-based organization
- Never fly near other aircraft
- Never fly near emergency response efforts
The agency is evaluating the impacts of this change in the law and how implementation
will proceed. The Reauthorization Act cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to recreational use of drones:
Updated direction and guidance will be provided as the FAA implements this new
legislation.
FAA REAUTHORIZATION ACT OF 2018 PREZI
2018 July 20 - Press Release
FAA Statement–Federal vs. Local Drone Authority
2018 July
USDOT Automated Vehicles Activities
Updated: Tuesday, July 10, 2018
The U.S. Department of Transportation is committed to facilitating a new era of transportation innovation and safety and ensuring that our country remains a leader in
automation. The Department of Transportation is acting as a convener and facilitator, partnering with a broad coalition of industry, academic, states and local, safety advocacy, and transportation
stakeholders to support the safe development, testing, and deployment of automated vehicle technology.
This webpage provides information about ADS
2.0 and the Department’s recent and upcoming activities related to automation, as well as access to resources for learning more about automated vehicles and data relevant to automation.
U.S. DOT recently hosted a Public Listening Summit on Automated Vehicle Policy. See the Summary Report and the Webcast for key takeaways from the Public Listening Summit on Automated Vehicle Policy.
2018 March 6
FAA Expands Drone Airspace
Authorization Program
2018 Feb 9
UAS Identfication and Tracking ARC released September 2017
2017 December 12
H.R.2810 - National Defense Authorization Act for
Fiscal Year 2018 - Became Public Law No: 115-91
SEC. 143. REQUIREMENT THAT CERTAIN
AIRCRAFT AND UNMANNED AERIAL VEHICLES USE SPECIFIED STANDARD DATA LINK.
SEC. 350. CIVILIAN TRAINING FOR NATIONAL GUARD
PILOTS AND SENSOR OPERATOR AIRCREWS OF MQ–9 UNMANNED AERIAL VEHICLES.
SEC. 1092. COLLABORATION BETWEEN FEDERAL
AVIATION ADMINISTRATION AND DEPARTMENT OF DEFENSE ON UNMANNED AIRCRAFT SYSTEMS.
(d) Restoration
Of Rules For Registration And Marking Of Unmanned Aircraft.—The rules adopted by the Administrator of the Federal Aviation Administration in the matter of registration and marking requirements for small unmanned
aircraft (FAA-2015-7396; published on December 16, 2015) that were vacated by the United States Court of Appeals for the District of Columbia Circuit in Taylor v. Huerta (No. 15-1495; decided on May
19, 2017) shall be restored to effect on the date of enactment of this Act.
2017 and
2018
InFO 17018 - 11/27/2017 and InFo 18001 - 2/14/2018
Subject: Use of Reflective Vests by Small Unmanned Aircraft Systems (sUAS) Remote Pilots
Purpose: This InFO serves to inform sUAS remote pilots on techniques for
clearly identifying and legitimizing themselves to the general public and law enforcement.
Background: With the rapid increase in sUAS activity, combined with the
technology and regulations being relatively new, the general public and law enforcement can be uninformed of what, when, how, and where sUAS are legally permitted to be flown. Additionally, the
public perceives some sUAS operations as threatening to their safety or privacy, in part because remote pilots are not easily identifiable.
2017 - FAA InFO - Use of reflective vests by sUAS Remote PilotsInFO17018.pdf Adobe Acrobat document [42.0 KB]
2018 - FAA InFO - Use of reflective vests by sUAS Remote PilotsInFO18001.pdf Adobe Acrobat document [42.2 KB]
US Department of the Interior - Office of Aviation Services - Use of UAS
US Department of the Interior - Privacy Impact
Assessment
US Forest Service Unmanned Aircraft Policy
Forest Service Manual (FSM) 5713.7
Unmanned Aircraft System (UAS) must be considered the same as
manned aircraft, in terms of acquisition, approval and carding of pilots and aircraft, inspections, maintenance, avionics, training, and operations. All FSM 5713.7 and FSH 5709.16 references to
manned aircraft include UAS.
Any Forest Service leased, contracted, or owned UAS will require
a Certificate of Authorization (COA) from the FAA before operation. COAs will be coordinated through the Forest Service Technical Contact as identified in the National Aviation Safety and
Management Plan.
Use of other agency UAS which have approved COAs will require
prior approval from the Washington Office Assistant Director, Aviation. Aircraft and pilot approval for cooperator UAS will adhere to existing cooperator aircraft and pilot approval policy in
FSM 5712.4 and 5713.43.
Tips for Responsible Hobby or Recreational Use of Unmanned Aircraft Systems
(UAS) or "Drones" on National Forest Systems Lands
Know where to fly
- Individuals and organizations may fly UAS for hobby or recreational purposes in compliance with the Special Rule for Model
Aircraft(link is external) (Section 336 of Public Law 112-95).
- UAS must be flown below 400 feet and remain clear of surrounding obstacles.
- UAS are considered to be both “motorized equipment” and “mechanical transport” as such they cannot take off from, land in, or be operated from congressionally
designated Wilderness Areas.
- UAS are not permitted to fly in areas that have “Temporary Flight Restrictions” (TFR) in place. You can search the FAA website for current TFRs by
clicking here(link is external).
- Never fly your UAS over or in close proximity to any fire operation (wildfire or prescribed). UAS flights over fire operations disrupt aerial firefighting
operations and create hazardous situations.
- The Forest Service regularly flies aircraft at low altitudes to perform natural resource management. It is the UAS Operator’s responsibility to be aware of these
flights and take the steps necessary to avoid them. Contact the local Ranger District Office or the FAA for scheduled flights in the area.
Protect Wildlife and the Environment
- Do not fly over congressionally designated Wilderness Areas or Primitive Areas as many people seek these places for the opportunities for solitude and quiet that
they provide.
- Do not fly over or near wildlife as this can create stress that may cause significant harm, and even death. Intentional disturbance of animals during breeding,
nesting, rearing of young, or other critical life history functions is not allowed unless approved as research or management.
- Follow state wildlife and fish agency regulations on the use of UAS to search for or detect wildlife and fish.
- Launch the UAS more than 100 meters (328 feet) from wildlife. Do not approach animals or birds vertically with the UAS.
Fly safely, Stay in control
- Keep your UAS within your visual line of sight at all times.
- Take lessons and learn to operate your UAS safely.
- Remain well clear of and do not interfere with manned aircraft operations.
- Fly your UAS at least 5 miles from an airport or backcountry airstrip.
- UAS should not be flown over or in close proximity to populated and noise-sensitive areas, such as campgrounds, trail heads, and visitor centers.
- Obey all privacy laws.
Follow Federal Aviation Administration (FAA)
guidelines
- Ensure that you comply with all FAA regulations and guidance for flying your UAS. The FAA has authority over all airspace. Information on FAA regulations is
available here(link is external).
- Do not fly any aircraft weighing more than 55 pounds (total weight, including payload and fuel source).
US Department of Justice Guidance - Domestic use of
UAS
Authority: 36 CFR 1.5
Definition:
The term "unmanned aircraft" means a device
that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components
that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this
definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce.
Closure Language:
Launching, landing, or operating an
unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of [insert name of park] is prohibited except as approved in writing by the
superintendent.
Policy Memorandum 14-05 (“Unmanned Aircraft – Interim Policy”) requires all
superintendents to insert closure language in the park compendium prohibiting launching, landing, or operating unmanned aircraft from or on lands and waters administered by the National Park Service
(NPS), subject to the exceptions and conditions described in the Policy Memorandum.
One of those exceptions, listed in paragraph 1(d) of the Policy Memorandum
(see Conditions and Exceptions), allows for activities under a special use permit (SUP) that specifically authorizes launching, landing, or operating an unmanned aircraft and
that is approved in writing by the Associate Director, Visitor and Resource Protection (ADVRP).
SUPs that permit launching, landing, or operating unmanned aircraft from or on lands
or waters administered by the NPS should clearly identify the designated area(s) for these activities within the park. SUPs should also contain appropriate terms and conditions to ensure safe
operation of unmanned aircraft and mitigate any unacceptable impacts to the resources and values of the park.
In addition to the standard SUP conditions included on all
permits, the following conditions are required:
- Unmanned aircraft may not disturb or harass wildlife.
- Unmanned aircraft may not interfere with NPS search and rescue, law enforcement, or other emergency operations.
- Unmanned aircraft will not be flown in a reckless manner or outside the designated area(s).
- Operators may not operate unmanned aircraft while under the influence of alcohol or drugs.
- Inexperienced unmanned aircraft operators must be accompanied and assisted by an experienced operator.
- Operators must avoid flying directly over people, vessels, vehicles, or structures and must avoid endangering the life and property of others.
- Operators must report all accidents involving injury (even minor first aid) and any resource or property damage to the NPS immediately. Notification to the
NPS does not relieve the operator from reporting requirements under 49 CFR 830 or under a Certificate of Authorization (COA) required by the FAA.
- Unmanned aircraft must be within visual sight, with no visual aids authorized, of the operator at all times during flight of the unmanned
aircraft.
- Operators must have sufficient liability insurance or proof of membership in an organization such as the Academy of Model Aeronautics (AMA)
which includes insurance coverage with membership.
Optional conditions to consider (select as appropriate; may
be revised based upon individual park needs):
- Safety line(s) must be established. Only persons associated with flying
the unmanned aircraft are allowed at or in front of the safety line that separates the area of flight operations from non-flight areas.
- An area away from the safety line must be maintained for spectators.
Intentional flying behind the safety line is prohibited.
- Time of day restrictions (consider no nighttime operations).
- Mufflers are required on all flammable fuel-powered models.
- Pilots/Operators will make the appropriate announcement when taking off, landing, or
in emergency situations.
- First aid kits must be carried by pilots/operators.
- The SUP may prohibit the use of flammable liquids for fueling unmanned aircraft. If
the superintendent decides to allow flammable fuels, however, the following requirements should apply:
- All flammable fuels will be stored in containers that are Underwriters Laboratories
(UL) listed and approved.
- No more than 5 gallons of all flammable liquid may be
on site at any time.
- A fully operational 10#
ABC portable fire extinguisher must be on site.
- All flight operations will be limited to times when there is no presence or threat of
lightning or thunderstorms, no presence or threat of any type of precipitation, and no presence of sustained wind greater than 5 mph or threat of wind gusts greater than 10 mph.
- Size, weight restrictions.
- Unmanned aircraft may not be launched, landed, or operated from or on areas that are
eligible, studied, proposed, recommended, or officially designated as wilderness.
- One single pilot may not control more than one unmanned aircraft at the same
time.
see brochure below - violation is a misdemeanor with maximum penalty of 6 months in jail and $5,000 fine
Policy Memorandum 14–05, Unmanned Aircraft – Interim
Policy
On June 19, 2014, National Park Service Director
Jonathon B. Jarvis signed Policy Memorandum 14–05, Unmanned Aircraft – Interim Policy. Its purpose was “to ensure that the use of unmanned aircraft is addressed in a consistent
manner by the NPS before a significant level of such use occurs within the National Park System.” Each superintendent was directed “to use the authority under 36 CFR 1.5 to close units of the
National Park System to launching, landing, or operating unmanned aircraft…” This policy is still in place and the public may not use unmanned aircraft in the national
parks.
2015 July - US GAO report - UAS - FAA continues progress toward integration into the NAS671469.pdf Adobe Acrobat document [1.6 MB]
2013 - Hearing - The future of drones in America - Law enforcement and privacy considerationsCHRG-113shrg81775.pdf Adobe Acrobat document [4.7 MB]
2013 - Drones in Domestic Surveillance Operations: 4th Amendment implications and legislative responses - Congressional Research ServiceR42701.pdf Adobe Acrobat document [353.2 KB]
JO 7210.873 - Unmanned Aircraft Operations in the National Airspace System (NAS) - cancelled July 11, 2015
JO7210.889 - Unmanned Aircraft Operations in the National Airspace System (NAS) - issued October 27, 2015 and which cancelled JO7210.882 - and then itself cancelled October 29, 2015
to
be replaced on November 25, 2015 by JO7210.891 - Unmanned Aircraft Operations the
National Airspace System which then was cancelled November 24, 2016
FAA Order: 8900.313 - Education, Compliance, and
Enforcement of Unauthorized Unmanned Aircraft Systems Operations - issued August 4, 2015 - cancelled March 31, 2016
FAA Order: 8130.34D - Airworthiness Certification of Unmanned
Aircraft Systems and Optionally Piloted Aircraft - issued September 8, 2017
8000.372A - UAS Designated Airworthiness Representatives
(DAR) for UAS Certfication at UAS Test Sites - issued December 12, 2014
FAA Order 8000.373 - FAA Compliance Philosophy - issued June 26, 2016
AC 00-46E - Aviation Safety Reporting Program -
issued December 16, 2011
2150.3C - FAA Compliance and Enforcement Program -
issued September 18, 2018
FAA Order 8110.4C - Type Certification - issued October 12,
2005
FAA Order 8130.2J - Airworthiness Certification of
Products and Articles - issued July 21, 2017
FAA Flight Standards
Information Management System (FSIMS)
8900.1 Volume 16: Unmanned Aircraft Systems
The US Army Training Circular 3-04.61 - UAS Commander's Guide and Aircrew Training Manual
The US Army Training Circular 3-04.62 - Small UAS Aircrew Training Program
The US Army Training Circular 3-04.63 - MQ-1C UAS Commander's Aircrew Training
Program and Aircrew Training Manual
The US Army Techniques Publication (ATP) 5-19 - Risk Management
Title 10 USC - This United States Code applies to the Armed Forces, therefore military UAS pilots must adhere to certain sections
2011 - DOD - UAS Group DescriptionsUAS_Group.pdf Adobe Acrobat document [429.4 KB]
October 29, 2015
FAA Administrator, the Honorable Michael P. Huerta, announced the UAS
registration task force members
Nancy Egan – 3D Robotics
Richard Hanson – Academy of Model
Aeronautics
George Novak – Aerospace Industries
Association
Chuck Hogeman and Randy Kenagy – Air Line Pilots
Association
Jim Coon – Aircraft Owners and Pilots
Association
Sean Cassidy – Amazon Prime Air
Ben Gielow – Amazon Retail
Justin Towles – American Association of Airport
Executives
Brian Wynne – Association of Unmanned Vehicle Systems
International
Parker Brugge – Best Buy
Douglas Johnson – Consumer Electronics
Association
Brendan Schulman – DJI
Paul Feldman – General Aviation Manufacturers
Association
Dave Vos – GoogleX (Co-Chair)
Tony Bates – GoPro
Matt Zuccaro – Helicopter Association
International
Mike Fergus – International Association of Chiefs of
Police
John Perry – Management Association for Private Photogrammetric
Surveyors
Brandon Declet – Measure
Randall Burdett – National Association of State Aviation
Officials
Sarah Wolf – National Business Aviation
Association
Baptiste Tripard – Parrot
Tyler Collins – PrecisionHawk
Gregory McNeal – Small UAV Coalition
Thomas Head – Walmart
October 28, 2015
US Senate Committee on Appropriations
Subcommittee Hearing to review unmanned aircraft systems and the step being taken to successfully integrate this technology into our National Airspace System
Transportation, Housing & Urban Development: Integrating Unmanned Aircraft Systems Technology into the National Airspace System (Senator Susan Collins, Chairman)
The Honorable Michael P. Huerta - Administrator - FAA
Mr. Marty Rogers - Deputy Director - Alliance for system Safety of UAS through Research Excellence
Captain Tim Canoll - President - Air Line Pilots Association International
Click here to watch the video
July 2017
The FAA is providing the following updated information regarding the Small UAS Registration and Marking interim final rule
as a result of a recent decision (PDF) by the U.S. Court of Appeals for the District of Columbia Circuit regarding the small UAS registration program.
The court's decision invalidated the registration requirement as it applies to certain model aircraft that meet the
definitional and operational requirements provided in section 336 of the FAA Modernization and Reform Act (PDF). Owners of model aircraft which are operated in compliance with section 336 are not required to register. Owners of all other small
unmanned aircraft, including newly-purchased unmanned aircraft not operated exclusively in compliance with section 336, remain subject to the registration requirement. The FAA continues to encourage
voluntary registration for all owners of small unmanned aircraft.
The FAA is working on a final rule with respect to registration and marking that will implement the court's decision. In
the meantime, if you are an owner operating exclusively in compliance with section 336 and you wish to delete your registration and receive a refund of your registration fee, you may do so by
accessing a registration deletion and self-certification
form (PDF) and mailing it to the FAA at the address designated on the form. Owners who already received a refund during the initial grace
period are not eligible to receive a refund. This form has been submitted to the Office of Management and Budget for approval of the information collection.
Please continue to check this website for further updates. To register your small unmanned aircraft, visit
the registration portal.
October 19, 2015
U.S. Transportation Secretary Anthony Foxx
announces unmanned aircraft registration requirement - New task force to develop recommendations by November 20
Clarification of the Applicability of
Aircraft Registration Requirements for Unmanned Aircraft Systems (UAS) and Request for Information Regarding Electronic Registration for UAS - October 22, 2015
NPRM open for comment for only 15 days -
Comment by November 6, 2015
deadline
December 14, 2015 - FAA announces small UAS
Registration Rule
- Registration is a statutory requirement that applies to all aircraft
- Applies to small UAS weighing 0.55lb (250g) up to less than 55lb (25kg) including payload e.g.
camera
- Registration begins Dec 21, 2015
- First 30 days are free (till Jan 20, 2016) then $5
- Must register no later than Feb 19, 2016 if UAS was previously operated prior to Dec 21, 2015
- Must register before first flight outdoors if UAS purchased after Dec 21, 2015
- Must be 13 years of age to register (parent/guardian must register for younger children)
- Streamlined and user-friendly web-based aircraft registration process
- Link for registration at www.faa.gov/uas/registration
- Provide NAME, HOME ADDRESS, EMAIL
- Certificate of Aircraft Registration/Proof of Ownership includes ID Number for UAS owner and this ID number must be marked on UAS
- Hobby/recreational users must only register once for all their models and use the same ID number which will be valid for 3 years
February 4, 2016 - UAS Magazine - Patrick Miller - Getting Our UAS Priorities Straight
February 2, 2016 - HR 4432 - The Commercial UAS Modernization Act
- Was introduced in the House of
Representatives and thereafter referred to House Science, Space, and Technology (download below).
- To establish an interim rule
for the operation of small unmanned aircraft for commercial purposes, and for other purposes.
- To amend the FAA Modernization and
Reform Act of 2012 (PL 112-95).
- To add Section 337 - Operation of
small unmanned aircraft for commercial purposes - dealing with lack of airworthiness certificates, liability insurance, registration, testing requirements now to include proficiency test as well as
the original knowledge test, accident reporting now to be accomplished within 2 days of the accident.
- To add Section 338 - Micro UAS
Operations - for UAS weighing up to 4.4lbs - limit of 400 feet AGL, VLOS, daylight, 5SM of an airport, exemption from airmen certification and airworthiness standards.
- To add Section 339 - Deputy
Associate Administrator for Unmanned Aircraft whose duties it shall be to create an achievable comprehensive research and development program for the safe integration of UAS in the
NAS
- To add Section 4 - Joint Aircraft
System Research and Development Data Collection and Analysis Program - at the William J. Hughes Technical Center:
1. For research on safety standards
for detect and avoid, command and control, autonomous aircraft systems, and air traffic management for BLOS
2. Use of Test
Sites
3. Air Traffic Management Pilot
Program
May 13,
2015 - S 1314 - Commercial UAS Modernization Act - introduced by Senator Cory
Booker.
This bill amends the FAA Modernization and Reform Act of 2012 to permit a person to operate a small commercial
unmanned aircraft (drone) without an airworthiness certificate within the United States for the period beginning on enactment of this Act and ending on the effective date of a final rule based on the
Notice of Proposed Rulemaking "Operation and Certification of Small Unmanned Aircraft Systems" dated February 23, 2015, subject to the following conditions and restrictions:
- the Federal Aviation Administration (FAA) must receive proof that the drone owner has liability insurance for the drone;
- the owner must register the drone;
- the operator must pass a test developed to assess initial aeronautical knowledge and a proficiency test administered by a drone test site; and
- the operator must demonstrate the ability to fly the drone in accordance with certain operating restrictions concerning visibility, time of day, air traffic control, airspace, preflight
inspection, and operator health.
A drone may not be operated until the operator of a test site certifies that it meets the requirements in the
rulemaking notice and can operate within the restrictions.
The owner or operator of a drone involved in an accident causing personal injury or property damage must report
it to the FAA within two days after the accident.
The FAA shall:
- appoint a Deputy Associate Administrator for Unmanned Aircraft,
- establish a joint aircraft system research and development data collection and analysis program at the William J. Hughes Technical Center, and
- implement an air traffic management pilot program to research and test a new regulatory structure for drone operations in airspace below 1,200 feet.
March 14, 2016 - South by Southwest Press Event - FAA Administrator
Huerta
Quotes from the speech: "Late last month, we announced that we are setting up
an Aviation Rulemaking Committee to develop recommendations for how we can safely allow certain UAS to be operated with people below. Our goal is to create a performance-based regulatory framework
that addresses potential hazards, rather than a classification that is based only on weight and speed."
"...we expect to have our small UAS rule finalized this spring. As most of you
know, this rule will allow for routine commercial operations of small UAS within certain limitations. It will, for the most part, eliminate the need to issue Section 333 exemptions on a case-by-case
basis, and it will open up access to the national airspace system while maintaining today’s high safety standards."
With respect to B4UFLY - "Today, I am pleased to announce that the Android
version of the app will also be publicly available later today, also free of charge. There are currently more than 35,000 people using B4UFLY, almost all of them iOS users, but now users of virtually
all smart phones will have access to it, which we believe will help heighten public awareness about what it means to fly unmanned aircraft safely. The Android version includes a lot of updates based
on feedback from beta testers, like a much more user-friendly flight-planning feature."
February 24, 2016 - FAA Unveils Effort to Expand the Safe
Integration of Unmanned Aircraft
The U.S. Department of Transportation’s Federal Aviation Administration (FAA)
is establishing an aviation rulemaking
committee (PDF) with industry stakeholders to develop recommendations for a regulatory framework that would allow certain UAS to be operated over people who are not directly
involved in the operation of the aircraft. The FAA is taking this action to provide a more flexible, performance-based approach for these operations than what was considered for Micro UAS. The
committee will begin its work in March and issue its final report to the FAA on April 1.
Drone Aircraft Privacy and Transparency Act
Introduced in Senate - 3-3-2015
- Amends the FAA Modernization and Reform Act of 2012 to direct the Secretary of Transportation to study and
identify any potential threats to privacy protections posed by the integration of unmanned aircraft (drone) systems into the national airspace system, including any potential violations of privacy
principles.
- Directs the Secretary to establish certain procedures to allow for civil operation in the national airspace
system of small drone systems that do not meet expedited operational authorization requirements. Requires such procedures to ensure that the integration of drone systems into the national airspace
system is done in compliance with privacy principles.
- Prohibits the Secretary from approving, issuing, or awarding any certificate, license, or other grant of
authority to operate a drone system in the national airspace system unless the application for it includes a data collection statement, meeting certain requirements, that provides reasonable
assurance that the applicant will operate the drone system in accordance with privacy principles. Applies the same privacy principles requirement to any drone system to be operated by a law
enforcement agency or a law enforcement agency contractor or subcontractor, except that the application for it shall include a data minimization statement, meeting certain requirements, instead of a
data collection statement.
- Directs the Administrator of the Federal Aviation Administration (FAA) to make any approved certificate,
license, or other grant of authority, plus other specified information, available in a searchable format on the public FAA website.
- Prohibits a governmental entity from using a drone system, or requesting information or data collected by
another entity through use of a drone system, for protective activities, or for law enforcement or intelligence purposes, except pursuant to a warrant issued using the procedures described in the
Federal Rules of Criminal Procedure (or, in the case of a state court, issued using state warrant procedures) by a court of competent jurisdiction, or as permitted under the Foreign Intelligence
Surveillance Act of 1978. Makes an exception to this prohibition in exigent circumstances when a law enforcement entity reasonably believes there is: (1) an imminent danger of death or serious
physical injury; or (2) a high risk of an imminent terrorist attack by a specific individual or organization, according to the Secretary of Homeland Security .
- Makes it unlawful to operate a drone system in a manner that is not in accordance with the terms of a data
collection statement or in a manner violating any portion of the final rule for the procedures for civil operation of small drone systems required by this Act. Grants enforcement authority to the
Federal Trade Commission .
- Authorizes a state to bring a civil action on behalf of state residents in state or U.S. district court for
injunctive relief against violations of this Act or related regulations if the state attorney general has reason to believe that an interest of state residents has been or is threatened or adversely
affected by a prohibited act or practice.
- Creates a private right of action in state or U.S. district court for persons injured by a prohibited
act.
- Allows a suit against a governmental entity.
- Requires the FAA to revoke the certificate, license, or other grant of authority to operate a drone system
operated in a prohibited manner.
- Declares that nothing in this Act may be construed to apply to model aircraft flown strictly for hobby or
recreational purposes and meeting certain other criteria.
March 2016 - FAA Reauthorization Act of 2016 (SB 2658)
- FAA reauthorization moves to full Senate
H.R.4441 - Aviation Innovation, Reform, and Reauthorization Act of 2016
Introduced in House - 2-3-2016
contains UAS legislation
Sec. 431. Definitions.
Sec. 432. Codification of existing law; additional provisions.
Sec. 433. Unmanned aircraft test ranges.
Sec. 434. Unmanned aircraft systems senior leadership and staffing.
Sec. 435. Sense of Congress regarding unmanned aircraft safety.
Sec. 436. UAS privacy review.
Sec. 437. Public UAS operations by tribal governments.
Sec. 438. Facilitating unmanned aircraft authorization in support of firefighting operations.
Sec. 439. Low altitude unmanned aircraft system traffic management.
Sec. 440. UAS detection systems pilot program.
Sec. 441. Evaluation of aircraft registration for small unmanned aircraft.
April 6, 2016 - FAA reviewing micro UAS Report
The Federal Aviation Administration (FAA) is currently reviewing the report and recommendations of the Micro Unmanned Aircraft
Systems (UAS) Aviation Rulemaking Committee. The agency had tasked the group to develop recommendations for performance-based regulations that would let certain unmanned aircraft operate over people
not directly involved in the flight of the aircraft. The rulemaking committee, which began meeting March 8, worked under
a tight deadline of April 1 to deliver its report. The task force included a diverse set of aviation stakeholders, including UAS manufacturers, UAS operators, consensus standards organizations,
researchers and academics. The ARC’s consensus report recommends establishing four small UAS categories, defined
primarily by risk of injury to people below the flight path. For each category, the group recommends assigning a potential risk linked to either weight or impact energy. The report also addresses
operational restrictions and standards to minimize the risks associated with each category. The FAA will use the information in the report to develop a flexible, performance-based proposed rule. The
public will have an opportunity to comment on the proposal based on the ARC’s recommendations.
On July 15, 2016, President Obama signed into law H.R. 636, the FAA Extension, Safety, and Security
Act of 2016 (“the Act,” Pub.L. 114-190). The Act extends the authorization of the Federal Aviation Administration’s (“FAA”) programs and taxes to fund those programs through September 30, 2017, at
current funding levels. The Act also includes new and amended provisions related to integrating commercial small Unmanned Aircraft Systems (“sUAS”), a.k.a. “drones,” into the National Airspace System
(“NAS”). This alert highlights the provisions of the Act related to safety, security, and drones.
2016 - ABA Air and Space Journal - Everybody wants to rule the world - Federal v. State power to regulate dronesDrone Fed Preemption.pdf Adobe Acrobat document [122.7 KB]
2017 - ABA Air and Space Law - The Drone Liability Lawsuit - Who gets sued and whyDrone Liability May.pdf Adobe Acrobat document [2.3 MB]
Navigable airspace - 49 USC 40102(a)(32) - "navigable airspace" means airspace above the minimum altitudes of flight prescribed by regulations under
this subpart and subpart III of this part, including airspace needed to ensure safety in the takeoff and landing of aircraft.
David Zablidowsky arrested for flying his personal UAS over Manhattan - his device crashed outside Grand Central Station, and
while no one was injured, NYPD cited him for second degree "reckless endangerment."
14 CFR Part 157
DRONE
brings us inside the covert CIA drone war. The film follows people who live under drones in Pakistan and drone pilots who struggle with the new warfare. Watch the trailer
below!
2015 March 10 - Paul Denton, Chief of Police, Ohio State University - Drones on Campus: 10 Challenges to ConsiderDrones-PP 3.10.15.pdf Adobe Acrobat document [20.7 MB]
2015 April 5 - Risk, Product Liability Trends, Triggers, and Insurance in Commercial Aerial Robots - by David K. Beyer, Donna A. Dulo, Gale A. Townsle, and Stephen S. Wu.Unmanned-Systems-Liability-and-Insurance[...] Adobe Acrobat document [286.3 KB]
2014 April 5 - Considerations of a legal framework for the safe and resilient operation of autonomous aerial robots - by Cameron R. Cloar and Donna A. Dulo.Considerations-of-a-Legal-Framework-for-[...] Adobe Acrobat document [258.1 KB]
UAS in the National Airspace: Aerial Goldmine or Legal Landmine? - Donna Dulouas_nationalairspace.pdf Adobe Acrobat document [454.0 KB]
SciTech Lawyer Volume 9, by Donna A. Dulo, Christoper S. Lee, Cameron Cloar, and Jeewon Kim - UAS: Mobility on the EdgeUAS mobility on the edge.pdf Adobe Acrobat document [347.1 KB]
2014 - Privacy, Restriction, and Regulation Involving Federal, State and Local Legislation: More Hurdles for Unmanned Aerial Systems (UAS) Integration?Federal State and Local Legislation_ UAS[...] Adobe Acrobat document [352.5 KB]
2015 - Airspace in an Age of Drones - Troy A. RuleRULE.pdf Adobe Acrobat document [1.7 MB]
2015 February 2 - Article appearing in Business Law Today - Seeking Law Abiding Drones: What to tell clients that want to use drones in their businessSeeking Law Abiding Drones: What to Tell[...] Adobe Acrobat document [366.1 KB]
2014 November 18 - Michael P. Huerta v. Raphael Pirker - Docket CP-217 OpinionPirker 11.18.2014.pdf Adobe Acrobat document [830.4 KB]
2015 November 19 - King & Spalding - Client Alert - NTSB finds that drones are "aircraft" under Federal Lawking and spalding client alert.pdf Adobe Acrobat document [79.5 KB]
2008 March 13 - Interim Operational Approval Guidance 08-01 - Unmanned Aircraft Systems Operations in the US National AirspaceFAA uas_guidance 08-01.pdf Adobe Acrobat document [1.3 MB]
2007 February 13 - Federal Register Volume 72, Number 29 - document to clarify the FAA's current policy concerning operations of UAS in the NASFAA policy 07-01.pdf Adobe Acrobat document [167.6 KB]
2015 September 16 - Memo - Interim Operational Approval Guidance for operations of UAS in the NASFAA policy 05-01.pdf Adobe Acrobat document [994.8 KB]
Drone and Mood by Don McCullough from Flickr (Creative Commons License)
On August 13, 2014, the FAA announced that
the Virginia Polytechnic Institute and State University's unmannned aircraft systems (UAS) test site program was ready to conduct research vital to integrating UAS into the nation's airspace.
The site is the last of 6 nationwide to be declared operational. The FAA granted Virginia Tech 7 Certificates of Waiver or Authorization (COAs) for 2 years. Virginia Tech is a
member of the Mid-Atlantic Aviation Partnership (MAAP) consisting of academia, government, industry, economic development agencies, and non-profit organizations throughout Virginia, New Jersey, and
Maryland.
The FAA first authorized use of unmanned
aircraft in the National Airspace System (NAS) in 1990.
Today, unmanned aircraft are flying in the
NAS under very controlled conditions, performing border and port surveillance by the Department of Homeland Security, helping with scientific research and environmental monitoring by NASA and NOAA,
supporting public safety by law enforcement agencies, helping state universities conduct research, and supporting various other missions for public (government) entities. Operations range from ground
level to above 50,000 feet, depending on the specific type of aircraft. However, UAS operations are currently not authorized in Class B airspace, which exists over major urban areas and contains the
highest density of manned aircraft in the National Airspace System.
Thomson-Wimmer Inc. is changing the way companies do business by changing how they see
unmanned aircraft technology!
2015 March - Domestic Drones and Privacy: A Primer - a paper written by the Congressional Research ServiceR43965.pdf Adobe Acrobat document [388.9 KB]
FAA on Aviation-Related Videos or Other Electronic Media on the Internet
This notice provides guidance to
aviation safety inspectors (ASI) regarding actions to be taken when notified of videos or other electronic media posted to the Internet depicting the operation of aircraft in the National Airspace
System (NAS) that may be contrary to Title 14 of the Code of Federal Regulations (14 CFR) or statute.
UAS videos, in particular, are increasingly appearing on the
Internet. UAS videos may depict aircraft being flown in a variety of classes of airspace and at varying altitudes. Inspectors are to follow the protocol below when receiving notification of videos
with potentially noncompliant UAS operations posted to the Internet. This notice provides an outline and protocol for inspectors when initiating educational outreach. When responding to a
notification that requires contact with a UAS operator, follow the guidance contained in FAA Notice N 8900.268, Education, Compliance, and Enforcement of
Unauthorized Unmanned Aircraft Systems Operators (cancelled). If counseling in the form of an informational letter is warranted, send the UAS
Informational Letter Template for Inspectors (see Appendix A). The letter must not be altered other than to fill in the appropriate address of the operator and FSDO along with your contact
information and signature. If the educational outreach is ineffective in gaining compliance, the UAS operator is noncompliant or uncooperative, or the UAS operation resulted in a medium to high
potential or actual endangerment to the NAS, the inspector is to continue their investigation as outlined in N 8900.268.
Note: N 8900.227, Unmanned Aircraft Systems (UAS ) Operational Approval
(cancelled)
Note: N
8900.292, Aviation-Related Videos or Other Electronic Media on the Internet is still available.
The memorandum (download below) dated May 5, 2015, addresses three issues concerning the use of unmanned aircraft
for newsgathering: (1) whether members of the media may use unmanned aircraft systems (UAS) for newsgathering; (2)
whether the media may use pictures, video, or other information collected by a person using UAS; and (3) whether a person who sells images collected by UAS
would need
authorization for his or her operations.
2015 February 15 - webinar transcript in PDF by Brendan Schulman explaining the NPRM for sUASUAS_WebinarSlides.pdf Adobe Acrobat document [1.2 MB]
Overview of sUAS by the FAA on
proposed Rule 107
§404.13 Petitions for extension of
time to comment.
(a) Any person may petition the Associate Administrator for an extension of time to submit comments in
response to a notice of proposed rulemaking. The petition shall be submitted in duplicate not less than three days before expiration of the time stated in the notice. The filing of the petition does
not automatically extend the time for petitioner's comments.
(b) The Associate Administrator grants the petition only if the petitioner shows a substantive interest in
the proposed rule and good cause for the extension, and if the extension is in the public interest. If an extension is granted, it is granted as to all persons and is published in
the Federal Register.
[53 FR 11013, Apr. 4, 1988, as amended by Amdt. 404-2, 68 FR 35289, June 13, 2003]
The
FAA's rulemaking process and AOPA's response to the NPRM on UAS
Presidential Memorandum: Promoting
Economic Competitiveness while Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of UAS
The law is currently settled in the US that, "on the public street, or in any other public place, the plaintiff has no legal right to be alone; and it is no invasion of his privacy to do no more
than follow him about and watch him there." Mark v. Seattle Times - 1981
UAS PREZI Regulations v. Policy
FAA PREZI Rulemaking Process
DOT and FAA Propose New Rules for Small UAS - February 15, 2015
NPRM - Operation and Certification of small UAS - February 23, 2015
Comment on NPRM on UAS Operation and
Certification before April 24, 2015
February 12, 2014 - Public use of UAS - Advisory Circular
00-1.1A - Public Aircraft Operations
14 CFR Part 11 - General Rulemaking Procedures
14 CFR Part 101 - MOORED BALLOONS, KITES, AMATEUR ROCKETS AND UNMANNED FREE BALLOONS
Federal Register Act of 1935
Administrative Procedures Act
Federal Advisory Committee Act of 1972
Regulatory Flexibility Act
Executive Order 13,272 - Proper Consideration of Small Entities, to further add on Small Business
Administration notification requirements
Memorandum on Regulatory Flexibility,
Small Business, and Job Creation
DOT Order 1351.18 - UAS Privacy Policy - Implementation InstructionUAS Privacy Policy.pdf Adobe Acrobat document [148.5 KB]
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