April 18, 2015
Airports Council International – North America
2015 Legal Affairs Spring Conference
New Orleans, LA
Droning On – Airport Challenges
Relating to the Emergence of
Domestic Unmanned Aircraft Systems
(UAS)
Presented by:
Gary A. Michel
These slides are accompanied by an oral presentation and are not to be relied upon for legal advice.
Copyright © 2015 Wiley Rein LLP
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What Is an Unmanned Aircraft System
(UAS)?
• An “aircraft” as defined in the Federal Aviation Act, with
no pilot on board, and a Ground Control Station (GCS)
• “Small UAS” include:
• Unmanned aircraft with payload capabilities
• Under 55 pounds and generally 10 pounds or less
• Cost ranging from $1,000 to $20,000 each
• Electric powered rotors or propellers
• Flying at altitudes below 400 feet AGL
• Flying at maximum speeds of 30 mph to 50 mph
• 30 to 40 minute flight time
• Visual line of sight operations
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What Some Small UAS Look Like
• Quadracopters that hover over an area such as:
– DJI Phantom 2 Vision Plus
– DJIS 1000
– Aerialtronics Altura Zenith ATX8
• Fixed Wing that fly over longer distances such as:
– Nova 6500
– PrecisionHawk Hawkeye
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What Types of Unmanned Aircraft Operations Exist
Today in the National Airspace System (NAS)?
• Public aircraft operations for “governmental functions” by
any political subdivision of a federal, state or local
government [49 USC §§40102(a)(41) and 40125 under
an FAA Certificate of Authorization (COA) .
• Civil Operations
– Under an FAA Experimental or Restricted Airworthiness Certificate
– Under an “Section 333” FAA Exemption. [Pub.L. 112-95]
• Less than 55 pounds; Below 400’ AGL
• Model Aircraft operated for sport and recreation only
– FAA Advisory Circular 91-57A
– Section 336, Pub.L. 112-95
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Status of FAA UAS Initiatives
• In Pub.L. 112-95 Congress ordered the FAA to develop a
Road Map for integration of UAS into the National
Airspace System by September of 2015.
• FAA released a NPRM to invite comment on proposed
rules to permit civil (commercial) uses of small UAS in
February, 2015. A PDF summary of the NPRM can be
found at:
– https://comms.wileyrein.com/8/368/uploads/uas-nprm-summaryformatted.pdf
• Comments are due 4/24/2015.
• FAA has authorized six test sites for UAS manufacturers
and operators to conduct in-air trials and research.
• While the NPRM is pending, the FAA has started to
approve “Section 333” exemptions to permit limited UAS
operations.
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Section 333 Exemptions
• As of 4-14-2015, over 775 Petitions for Exemption have
been filed.
• As of 4-14-2015, 137 exemptions have been granted for:
–
–
–
–
–
–
Closed-set motion picture filming
Flare Stack inspection
Transmission tower and power line inspection
Insurance Company roof inspections
R & D for varied applications
Precision agriculture
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What Are the Basic Minimum Showings for
Getting an Exemption?
• The FAA specified a number of initial minimum
requirements:
• UAS weigh less than 55 pounds
• Maximum altitude of 400 feet AGL
• Restricted to line of sight operation
• Licensed pilot and an observer
• Maintain minimum distances from airports
• Not operate over people or populated areas
• Procedures to give way to manned aircraft
• Safety systems for aircraft failure or radio link lost
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What Will Be Happening Over the Longer
Term?
•FAA and various advisory bodies looking at a number of big picture
issues:
•
•
•
•
•
Beyond visual line of sight requirements
Sense and avoid capabilities
Small UAS air traffic management
Spectrum for UAS command and control
Spectrum for UAS payload
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What Will Be Happening Over the Longer
Term?
•
UAS larger than 55 pounds
•
Integration of UAS operations into the Air Traffic Control System
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Full UAS integration into the NAS presents a paradox: Can they be
safely integrated into the airport environment? The answer depends
on:
• Development of safe and reliable sense and avoid
technology for sUAS.
• Geo-fencing software
• Small UAS air traffic management systems
(NASA/FAA/Mitre research)
• Integration of UAS operations into the Air Traffic Control
System
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How can UAS be useful to Airport
operators?
• Perimeter and infrastructure surveillance
– Tank farms, roadways, parking lots
– Complement/supplement mobile/foot patrols
• Airport operating area surveillance:
– FOD checks
– Surface snow/ice contamination of runways
• Terminal roadway traffic condition and accident
monitoring
• Aerial view for Crash, Fire, Rescue responders
– Air Asiana Flt 214 at SFO (2013); United Flt 232 at Sioux City Iowa
(1989)
• Airborne manpads defense/countermeasures (DHS)?
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UAS Requirements for Airport Operators
• For “public aircraft operations” – COAs
• For others – Exemption or Certification
• Both will require minimum risk to manned aircraft
operations and the public
– These will depend on development of new technology, procedures and
safe UAS operating experience
• No adverse effects from Radio Frequency interference
on UAS operations
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How Can UAS be Useful to Airport Tenants?
• Parking lot surveillance
• Rental car lot surveillance
• Real time monitoring of need for ground transportation
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Impact of 3rd Party UAS operations at or Near
Airports
• All UAS operations near airports must be FAA approved,
and must comply with regulations, and/or conditions and
limitations of exemptions (NOTAM, coordination with
ATC, distance from airport, maximum altitude, equipment
requirements, etc.)
• COA and Exemption holder (and model aircraft
operator) non-compliance is investigated by FAA through
complaint to local Air Traffic Control (ATC) and/or Flight
Standards District Office (FSDO).
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Questions?
Gary A. Michel
Consulting Counsel
202.719.7252
[email protected]
Gary serves as consulting counsel to Wiley Rein LLP. He has more
than 30 years’ experience at the Federal Aviation Administration
(FAA), most recently serving as the Attorney-Manager for the
Airworthiness, Advanced Aircraft and Unmanned Aircraft Law Branch
in the Office of Chief Counsel, Regulations Division. He has been a
key player in the FAA’s unmanned aircraft systems (UAS) rulemaking efforts and was the leading FAA regulations attorney working
on the UAS airworthiness matters until 2013.
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