“The unmanned aircraft industry is · Federal Aviation Administration UAS Enforcement •FAA...

Presented to:

By:

Date:

Federal AviationAdministration

Emerging

Technology

Converging

Regulations

Alaska Air Carriers Association

Howard Martin ,Regional Counsel

February 23, 2017


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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


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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


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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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 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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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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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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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


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


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


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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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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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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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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http://www.knowbeforeyoufly.org/

http://www.faa.gov/uas/


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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Rulemaking & Research

• Operations Over People

– Forthcoming Rulemaking.

– ARC provided recommendations.

• Research

– Pathfinders

– UAS Center of Excellence

– Test Sites

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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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QUESTIONS?

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