“The unmanned aircraft industry is · Federal Aviation Administration UAS Enforcement •FAA...
Transcript of “The unmanned aircraft industry is · Federal Aviation Administration UAS Enforcement •FAA...
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Federal AviationAdministration
Emerging
Technology
Converging
Regulations
Alaska Air Carriers Association
Howard Martin ,Regional Counsel
February 23, 2017
Federal AviationAdministration
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“The unmanned aircraft industry is
moving at the speed of Silicon Valley.
And the FAA knows we can’t respond at
the speed of government.”
-Administrator Huerta, Aug. 2, 2016
Federal AviationAdministration
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“Safely integrating drones into our airspace is
one of the FAA’s top priorities, and we’re
determined to get it right.
It’s essential for our economy, and our role as
a global aviation leader.
[B]y working closely with our partners . . . [w]e
will succeed – and continue being a model for
the rest of the world.”
-Administrator Huerta, Aug. 2, 2016
Federal AviationAdministration
Defining Unmanned Aircraft
• Unmanned Aircraft - “An aircraft that is
operated without the possibility of direct
human intervention from within or on the
aircraft.”
• Unmanned Aircraft System - “An
unmanned aircraft and associated elements
. . . that are required for the pilot in
command to operate safely and efficiently in
the National Airspace System.”
– Sec. 331, P.L. 112-95, Feb. 14, 2012
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Federal AviationAdministration
FAA Jurisdiction
• General authority to promote safe flight of
civil aircraft in air commerce.
– 49 U.S.C. § 44701
• Authority to prescribe air traffic regulations
to protect aircraft and people and property
on the ground.
– 49 U.S.C. § 40103(b)
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Federal AviationAdministration
Federal Framework
• Federal Framework for Aviation
– Federal law establishes a single and comprehensive
system for regulating aviation in the US.
– The U.S. has exclusive sovereignty over the
airspace, which includes “airspace above the
minimum altitudes of flight prescribed by regulations
… including airspace needed to ensure safety in the
takeoff and landing of aircraft.”
• This framework is designed to ensure the
safety of aircraft and the efficient use of
airspace.
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Federal AviationAdministration
State & Local Legislation
• Many states and local governments
legislating UAS.
• Wide spectrum of bills – from restricting
UAS flights to facilitating operations.
– Reflects the spectrum of opinion of UAS.
• We work with states and localities when
requested to provide guidance.
• FAA Factsheet on the State and Local
Regulation of UAS (Dec. 2015).
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Federal AviationAdministration
State & Local Legislation
• Laws likely within state and local police
powers:
– Laws traditionally related to a state or local
government’s authorities are generally not
preempted by Federal law, such as land use
planning and zoning, health, safety, advertising,
general welfare of the inhabitants.
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Federal AviationAdministration
The Small UAS Rule (Part 107)
• First operational rules for routine non-hobby
use for civil small UAS (<55 pounds)
• Risk Based Approach
• Allows operations without a COA
• Not applicable to model aircraft that follow
Section 336 criteria
• Took effect on August 29
Federal AviationAdministration
Operating Rules
• Visual line-of-sight only
• Daylight or civil twilight only
• No operations over people
• Must yield right-of-way to manned aircraft
• One UAS per pilot
• Max groundspeed of 100 mph
• External load operation permitted
• Operating restrictions are waivable
Federal AviationAdministration
Becoming a Pilot under Part 107
• Must be at least 16 years old
• Must pass an aeronautical knowledge test at a
Knowledge Testing Center
– Part 61 certificate holders (other than student pilots)
with current flight review can take online training at
faasafety.gov instead of the knowledge test
• No flight time requirement
• Must read, write, speak English
Federal AviationAdministration
Section 333 & Public Aircraft
• “Section 333” holders can continue to
operate under the exemption until it expires.
• Public aircraft operations still an option for
qualifying operations.
– Public entity for a governmental function. (49 U.S.C.
§§ 40102 & 40125).
• Advisory Circular 00-1.1A (Feb. 12, 2014).
– No compensation for the operation.
– Certificate of Waiver or Authorization (COA)
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Federal AviationAdministration
Model Aircraft
• Model Aircraft (P.L. 112-95, Sec. 336)
– Defines “model aircraft” and establishes operational
rules for modelers to follow.
– Interpretive Rule – June 2014. 79 Fed. Reg. 36172.
• Not subject to future FAA rulemakings.
– Will not need to follow the Small UAS rule.
– May be subject to general rules applicable to all
aircraft such as airspace rules.
– Must register if .55 lbs. or heavier.
• Congress affirmed FAA’s authority to
enforce against unsafe operations.
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Federal AviationAdministration
Use Cases: Non-hobby or Hobby?
• Media Use of Photos/Video Taken by UAS
– Key inquiry: Who took the photos/video and for what
purpose?
• Student Use of UAS
– Student use at an accredited educational institution
– De minimis faculty use connected to that curriculum
– Must still follow Section 336.
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Federal AviationAdministration
UAS Enforcement
• Compliance Through Education.
– “Know Before You Fly” campaign.
www.knowbeforeyoufly.org
– B4UFLY Smartphone App
– UAS Integration Office webpage. www.faa.gov/uas/
• FAQs
• Law Enforcement Resources
• Regulations and Policies
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Federal AviationAdministration
UAS Enforcement
• FAA Compliance Philosophy.
• FAA safety system largely based on, and
depends on, voluntary compliance with
regulations.
• Based on Safety Management System
construct.
• Goal is to use the most effective means to return
to compliance and prevent recurrence.
• FAA Order 8000.373.
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Federal AviationAdministration
Rulemaking & Research
• Operations Over People
– Forthcoming Rulemaking.
– ARC provided recommendations.
• Research
– Pathfinders
– UAS Center of Excellence
– Test Sites
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Federal AviationAdministration
Stakeholder Collaboration
• Drone Advisory Committee
– Stakeholder group to advise agency on path forward
for UAS integration in the NAS
– Representatives from technology and aviation
industries, labor organizations, and state and local
governments.
• UAS Safety Team
– Will analyze safety data to identify emerging threats
that drones may pose to aircraft, people, and
property.
– Then develop mitigation strategies to address those
threats.
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Federal AviationAdministration
QUESTIONS?
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