Emerging Technology Converging Regulations Alaska Air Carriers Association Howard Martin ,Regional Counsel February 23, 2017

“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

“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

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)

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.

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).

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.

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)

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.

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.

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

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.

Rulemaking & Research Operations Over People Research Forthcoming Rulemaking. ARC provided recommendations. Research Pathfinders UAS Center of Excellence Test Sites

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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