FAA Grants Additional Waivers for Commercial UAS Operations

Unmanned Aerial Systems ("UAS") colloquially referred to as “drones” continue to be a hot topic in commercial aviation.  This year the NTSB upheld the FAA’s right to regulate UAS for commercial purposes as aircraft in the National Airspace System.  Today, the industry learned that the FAA issued waivers of operation of UAS for commercial purposes to seven new companies.  That brings the total to 11 companies properly authorized to conduct commercial UAS operations. 

There are currently 167 applications pending with the FAA to obtain waivers for authorized use of UAS in a multitude of different industries.  The initial approvals were all granted to companies involved in movie production.  The latest round of approvals were granted to commercial operations ranging from aerial surveying, to construction site monitoring, and oil rig flare stack inspections. 

Department of Transportation Secretary Anthony Foxx outlined policy going forward on this quickly developing segment of aviation as follows:  “Unmanned aircraft offer a tremendous opportunity to spur innovation and economic activity by enabling many businesses to develop better products and services for their customers and the American public.  We [the FAA] want to foster commercial uses of this exciting technology while taking a responsible approach to the safety of America’s airspace." 

As different businesses embrace the technology, it is clear that companies who intend to remain competitive are acting now to obtain FAA approval in order to utilize UAS to make their operations more efficient and poised for growth.   If you are interested in submitting an application to the FAA for commercial UAS approval, then contact Aviation Attorney Ronnie Gipson at 415.692.6523 or by email at Gipson@higagipson.com.   

The FAA Clarifies the Rules on Model Aircraft

On July 18, 2014, the Federal Aviation Administration (FAA) published a notice of interpretation for the special rules applicable to model aircraft under the FAA Modernization and Reform Act of 2012 (the Act). 

The Act authorizes the FAA to integrate unmanned aircraft systems (UAS) into the National Airspace System (NAS). A model aircraft qualifies as a type of UAS and the FAA established special rules for this type of aircraft.  Due to public confusion regarding the rules, the FAA provided this recent interpretation to help clarify what constitutes a model aircraft and what qualifies model aircraft for exemption from future rulemaking.  Additionally, the FAA elaborated on the scope of its authority to take enforcement action against those operators who commit safety violations.

The definition of a model aircraft that Congress provides is consistent with the FAA’s long-standing position that it is one that is operated without the possibility of direct human intervention from within or on the aircraft.  As such, the FAA interpreted this portion of the Act in such a way that visual line of sight would mean that the operator has an unobstructed view of the model aircraft.  If the UAS qualifies as a model aircraft, then the next question should be is it exempt from future rulemaking. 

Congress restricted the FAA from establishing regulations regarding a model aircraft that meets certain exemption terms.  These operational requirements are the source of confusion for those who operate model aircraft due to the uncertainty as to whether future rulemaking applies to them or not. A model aircraft that does not meet these statutory requirements is nonetheless an unmanned aircraft and as such is subject to all existing FAA regulations, as well as future rulemaking action.

The FAA concluded that it was the intent of Congress for the FAA to be able to rely on a range of existing regulations to protect users of the national airspace system, people, and property on the ground.  As a result, regardless of whether a model aircraft satisfies the statutory and operation requirements mentioned above, if the model aircraft is operated in such a manner that endangers the safety of the NAS, the FAA may take enforcement action.  

If you are uncertain as to whether or not your UAS qualifies as a model aircraft or for future rulemaking exemptions, then contact Aviation Attorney Ronnie Gipson at (415)692-6523 or gipson@higagipson.com.

The FAA Considers Integrating Commercial Unmanned Aircraft Systems For the First Time into the National Airspace System

           The FAA Modernization and Reform Act of 2012 (the Act) tasks the Federal Aviation Administration (FAA) with integrating unmanned aircraft systems (UAS) into the National Airspace System (NAS).  The Act legislates under the premise that UAS activity and accompanying regulations will develop from research and test flights and then go on to cover commercial operations.  Currently, public agencies have access to the NAS in order to facilitate testing and operations of UAS.  Certificates of Waiver or Authorization are available to public entities that want to fly UAS in civil airspace and have been issued for the following flight operations:  law enforcement, firefighting, border patrol, disaster relief, search and rescue, and military training. 

 

            In contrast, commercial operators, i.e. companies who propose to use UAS to earn a profit, have not been granted access to the NAS for testing purposes or otherwise by the Act.  The Act gives the FAA the authority to grant an exemption to commercial operators to operate UAS in the NAS on a case-by-case basis.  The policy of the legislature and the FAA is that for UAS to operate safely in the NAS, the UAS must meet the same certification criteria for aircraft airworthiness and pilot certification as manned aircraft.  In other words, at this stage for the FAA to grant approval of a UAS in the NAS, there must either be a certificated pilot at the controls or the operator must demonstrate that the operator of the UAS can safely perform operations without an airman certificate as well as comply with all of the other pertinent Federal Aviation Regulations. 

 

            Recently, the Motion Picture Association of America facilitated an exemption requests on behalf of seven of its aerial photo and video production company members to the FAA asking the agency to grant an exemption from the Federal Aviation Regulations that govern general flight rules, pilot certification requirements, manual requirements, maintenance and equipment mandates.  The exemption request, if approved, would represent the first time that the FAA allows use of UAS for commercial operations.  The aviation industry as a whole will be closely watching the MPAA’s exemption request for indicia of the precedential steps that other commercial operators will have to follow in the future to achieve authorization for UAS to operate in the NAS.  If you intend to integrate UAS into your business’s operations, then contact Aviation Attorney Ronnie Gipson for assistance with the project at (415) 692-6523 or gipson@higagipson.com.