Reaching New Heights: Drones and Their Many Uses...Subject: Drone Photography at 21 Maple Ave Next...

© 2019 Snell & Wilmer1 © 2019 Snell & Wilmer

Reaching New Heights: Drones and Their Many Uses

Arizona Manufacturers CouncilEnvironmental & Sustainability Summit

High Country Conference CenterFlagstaff, Arizona

July 25, 2019Patrick J. Paul

Snell & Wilmer L.L.P.602.382.6359

[email protected]

mailto:[email protected]

© 2019 Snell & Wilmer2

Can he swing from a thread?

Rejected title: Take a Look Overhead


I. Recent Drone HeadlinesII. Drones: A Brief HistoryIII. What qualifies as a Drone or Unmanned Aerial System (UAS)

(UAV)?IV. Drone Use by IndustryV. Evolving Drone RegulationVI. From Flintstones to Jetsons: The Future (or Present(?))

OVERVIEW


Recent Drone Headlines

• 1000 Flights cancelled during Christmas season

• 250,000 passengers stranded


Recent Drone Headline Image


• Remote Piloted Vehicle (RPV) era began in the late 1950’s with the advent and take down of U-2 spy planes

• Began development of unmanned reconnaissance aviation assets• 1960-80s – Remote Piloted Vehicle (RPV)

– Pilot had near-real time control of aircraft, little-no pre-programming• 1990s – Unmanned Aerial Vehicle (UAV)

– Pilot still engaged, automation commences, pilot more passive but can take over as needed

• 2005 – Unmanned Aircraft Systems (UAS)– Routes can be pre-programmed, pilot can modify or take over as needed

Drones: A Brief Current History


What is a UAS?• A UAS is a system:

1. Unmanned Aircraft 2. Ground Control Station3. Command & Control Link(s)

“Unmanned aircraft & the equipmentnecessary for the safe & efficientoperation of that aircraft”

• Also known as:– Unmanned Aerial Vehicle (UAV) – Remotely Piloted Aircraft

System (RPAS) – RC Model Aircraft– Drones

Communication


What is a UAS?

Unmanned AircraftUS Army Sky Warrior

TransportableGround Control Station

Predator “Cockpit”


Why Drones?• Faster• Reach challenging locations more quickly than people• Cheaper• Operations with UAS often cost less than using manned aircraft• Safer

– Humans are generally at less risk

• Thorough– Continuous operations are possible

Presenter

Presentation Notes

UAS can conduct inspections or provide situational awareness in places and environments that normally could not otherwise be done (including fire, chemical, and radioactivity). These aircraft are ideally suited for many uses. Trying to list all the various uses of UAS would be a very long process. UAS are often far less expensive than manned aircraft to do the same job.


• Agricultural• Energy• Environmental• Governmental• Healthcare• Insurance• Mining • Real Estate/Construction

• Media• Photography (wedding,

vacation)• Security, Emergency

Response• Sports & Entertainment• Telecommunication

Impacted Industries


• Fertilization – can reduce excess use• Watering• Real-time soil and crop data

Agricultural


• Bottom line: More information,less time, less waste

Agricultural


• Utility line condition/repair• Safer inspection capabilities• Disaster Assessment/emergency

response• Surveys

– Energy distribution – hot spot– Line/sock pulling – instead of helicopters

Energy


Utility/Oil Rig Inspections


• Assessment and monitoring of waste piles, algae blooms, spills, releases, etc.

• Ecological changes like erosion• Emissions/contamination detection• Phase I ESA• Wildlife monitoring

Environmental


Environmental Monitoring


Plant Conservation• Species identification• Plant & tree inventory• Growth & coverage monitoring• Plant health & stress analysis


Climate Change Research

• Identification of glacial features• Waterway modeling• Erosion tracking• Storm damage assessment• Mapping & modeling• Flood defense planning


• Surveillance• Inspection• Search and rescue• Fire Management

Governmental


Fighting Fires with Drones


Drones and Wildfires • Drones Near Wildfires Are

Not Safe • No Drone Zones


Drone Could Help Firefighters By Putting Out Fires


Fire crews use state-of-the-art drone to battle wildfires in Arizona


• Remote medicinal supply deliveries• Assist in catastrophes• Facilitate transplants

Healthcare


Insurance• Claim assessment and

confirmation• Fraud reduction• Underwriter improvement

– Pool?– Trampoline?– Garage?– Fireplace?– Proximity of trees/shrubbery?


Hit & Drone


Mining Drone Use• Geotechnical Monitoring• Failure Analysis• Stockpile Reconciliation• Equipment Inspection• Rock Fragmentation• Environmental Monitoring• Pre & Post Blast Analysis• Mapping


Real Estate


ConstructionManagement


Construction Management


Progress Photos


Real Estate Showcasing


Recent Property Management CommunicationSubject: Drone Photography at 21 Maple Ave Next Week!

Dear Mr. Paul:

We wanted to let you know about drone photography that will be taking place next Tuesday, July 23rd, and Wednesday, July 24th, to help us capture the views from 21 Maple Ave. If you happen to see one during this time, wave and say “hi,” but please refrain from touching it.

Your privacy is of utmost importance to us, so we wanted to reassure you that the drones will not be taking any photos of interiors or individual dwellings; they will only be snapping photos of the exterior of the community.

If you have any questions, please feel free to stop by the Leasing Center, and we’ll be happy to answer them!

General Manager


• United States Government has exclusive sovereignty of airspace of the United States – 49 U.S.C. § 40103(a)(1)

• Federal Aviation Administration (FAA) has regulatory authority to manage airspace and civil aircraft operations

• An aircraft is any device used, or intended to be used, for flight – 49 U.S.C. § 40102(a)(6)

• UAS are aircraft and must comply with FAA regulations• FAA Modernization Acts of 2012 and 2018• What role for State and local governments?

Current/Drone Regulatory Scheme


• DC Circuit Decision authored by Judge Brett Kavanaugh• Challenge to drone registration rule• Court overturned rule as violative of Sec. 336 FAA

Modernization Act of 2012, but see 2018 Act

Taylor v Huerta, 856 F. 3d 1089 (2017)


• Challenge to local ordinance regulating unmanned aircraft• Ordinance overturned • Preempted by FAA rules• Newton invited to revisit ordinance

Singer v. City of Newton 284 F. Supp. 125


• All Drones flown for commercial purposes must be registered by the owner ‒ to include name, address, make, model and serial number

Commercial Use of UAS


The Small UAS Rule (Part 107)• First rules for routine operation of small UAS (<55 pounds)• Effective August 29, 2016• Revised again in 2018

Presenter

Presentation Notes

On June 21, 2016, the Department of Transportation’s Federal Aviation Administration finalized the first operational rules for routine commercial use of small unmanned aircraft systems (UAS or “drones”), opening pathways towards fully integrating UAS into the nation’s airspace. The new rule offers safety regulations for unmanned aircraft drones weighing less than 55 pounds that are conducting non-hobbyist operations. Part 107 will not apply to model aircraft. Model aircraft operators must continue to satisfy all the criteria specified in Section 336 of Public Law 112-95 (which will now be codified in Part 101), including the stipulation they be operated only for hobby or recreational purposes. Part 107 allows routine access for certain small UAS operations This process largely replaces the Section 333 grant of exemption process for commercial or public UAS operators It goes into effect sixty days after it is published Current Section 333 operators may operate under the conditions and limitations of their Section 333 or they may operate under the requirements of 107 They may not mix-and-match from the rules – if they remain under 333, they must follow all the conditions of 333, including the requirement that the PIC be a certificated airman (of a manned aircraft) Under 107, a non-recreational operator is required to: Hold a Remote Pilot Certificate Be 16 years or older Pass TSA vetting This rule does not change any of the guidance or regulations for hobby aircraft


Part 107 Basics• UAS operators must obtain a Remote

Pilot Certificate• Visual line-of-sight (VLOS), daylight

operations• 400 feet or below in uncontrolled (Class

G) airspace; other airspace use requires authorization

• UAS must weigh less than 55 lbs. and be registered

Presenter

Presentation Notes

The rule’s provisions are designed to minimize risks to other aircraft and people and property on the ground. The rule requires pilots to keep an unmanned aircraft within visual line of sight. Operations are allowed during daylight and during twilight if the drone has anti-collision lights. The rule also address height and speed restrictions and other operational limits, such as prohibiting flights over unprotected people on the ground who aren’t directly participating in the UAS operation. The rule permits UAS flight in uncontrolled (Class G) airspace without permission from air traffic control. Flights in controlled airspace (Class B, C, D, and E) require authorization from air traffic control. The FAA is setting up a centralized, online authorization portal for such requests, which will be available after the rule is effective in August 2016.


Becoming a Pilot under Part 107• Must be 16 years old or older• Must read, write, speak English• Must pass an aeronautical knowledge exam at an FAA-

approved Knowledge Testing Center– Part 61 certificate holders can take online training at faasafety.gov

instead of the knowledge exam

• Must undergo TSA background security screening

Presenter

Presentation Notes

UAS operators who fly under the small UAS rule must obtain a Remote Pilot Certificate (RPC). The Remote Pilot must: Be at least 16 years old Be able to read, write, speak, and understand English (exceptions may be made for medical reasons, such as a hearing impairment) Be in a physical and mental condition to safely operate a small UAS Pass the initial aeronautical knowledge exam at an FAA-approved knowledge testing center Have their certificate easily accessible when operating The certificate is valid for two years. Remote pilots will have to pass a recurrent knowledge exam. First time pilots must pass an aeronautical knowledge exam at an FAA-approved Knowledge Testing Center. The cost is approximately $150 (depending on the Testing Center). Part 61 airmen certificate holders must complete an online training course on the FAA Safety Team website. Detailed information about how to obtain a RPC is available on our website at http://www.faa.gov/uas/how_to_fly/business/remote_pilot_cert


Recreational Drones

• The FAA Reauthorization Act of 2018 repealed Section 336 (Taylor) of the 2012 FAA Reauthorization. Repeal in response to pressure for greater oversight.

• Recreational flyers may continue to fly below 400 feet in uncontrolled airspace without specific certification or operating authority from the FAA, they are now required to obtain prior authorization from the FAA before flying in controlled airspace around airports.


New Recreational Drone Rules • Obtain a remote pilot certificate from the FAA or operate within the programming of a community-based organization such as

the Academy of Model Aeronautics.• Register with the FAA at https://faadronezone.faa.gov/.• Keep your UAS in eyesight at all times, and use an observer to assist if needed.• Remain well clear of and do not interfere with manned aircraft operations, and you must see and avoid other aircraft and

obstacles at all times.• Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and

vulnerable property.• Contact the airport and control tower before flying within five miles of an airport or heliport. • Do not fly in adverse weather conditions such as in high winds or reduced visibility.• Do not fly under the influence of alcohol or drugs.• Ensure the operating environment is safe and that the operator is competent and proficient in the operation of the sUAS.• Do not fly near or over sensitive infrastructure or property such as power stations, water treatment facilities, correctional

facilities, heavily traveled roadways, government facilities, etc.• Check and follow all local laws and ordinances before flying over private property.• Do not conduct surveillance or photograph persons in areas where there is an expectation of privacy without the individual’s

permission).


• Low Altitude Authorization and Notification Capability• Supports integration of UAS into airspace• Automates the application and approval process for airspace

authorizations• Drone pilots with access to controlled airspace at or below 400

feet• Air Traffic Professionals with visibility into where and when

drones are operating• Expanded 7/23/19

LAANC


• Signed by President Trump on Friday, October 5, 2018• Includes a five-year reauthorization of the FAA• Encourages American innovation in aviation technologies to promote a

stronger American workforce• Ensures that American airport infrastructure connects U.S. businesses

and an increasing number of air travelers to the world• Ensures the airport system remains as safe as possible for the American

traveler and addresses factors related to recent incidents

FAA Reauthorization Act of 2018 (H.R. 302)


What’s Next?Flintstones Meet the Jetsons

THEN NOW


• Package/food delivery• Drone-based fireworks displays (think Olympics/Superbowl)• Personal servant• Traffic management• Wildlife/livestock herding• Enhanced 5G network access• Personal transport (Drone taxi: LA & Dallas)

– Limitations: Infrastructure, coordination, UTM

What’s Next


Patrick J. PaulSnell & Wilmer L.L.P.

[email protected]

Questions?

mailto:[email protected]

Reaching New Heights: Drones and Their Many Uses...Subject: Drone Photography at 21 Maple Ave Next...

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