Tag: drones

This Michigan Supreme Court Case Has the Potential to Guide Drone and Air Rights Law for the Nation

While at first glance the Michigan Supreme Court case of Long Lake Township v. Maxon, appears to be a simple zoning dispute with a Fourth Amendment twist, the real impact of the case may ultimately fall on drones and air rights law, particularly the rights of landowners to exclude drones from flying in the airspace immediately above their land, and relatedly the ability of state and municipal governments to regulate such flights.

The history of the case is straightforward. When the Michigan municipality of Long Lake Township sought to enforce a zoning ordinance against Todd Maxon, Mr. Maxon asked the trial court to exclude all evidence obtained by flying a drone over Mr. Maxon’s land. After the trial court refused to exclude the evidence on the grounds that the photographs did not violate the Fourth Amendment, an appellate court ruled that the Fourth Amendment issue was irrelevant because a legal proceeding to enforce a local zoning ordinance is not required to exclude evidence obtained in violation of the Fourth Amendment (the requirement to exclude such evidence is known as the “exclusionary rule”).

Now, we await the Michigan Supreme Court’s decision as to whether the exclusionary rule applies, and if so, whether the use of the drone to inspect Mr. Maxon’s land for zoning compliance violated the Fourth Amendment’s prohibition of unreasonable searches.

A decision on that second question will center on landowners’ right to exclude drones from the airspace immediately above their land, because a warrantless search violates the Fourth Amendment if there is a reasonable expectation of privacy in the searched area that society recognizes as reasonable. It follows then, that, if a landowner has no legal right to exclude drones from flying over his or her land, then it would be inherently unreasonable to expect privacy in portions of their property that can be observed from such public drone flight paths above their land, as courts routinely rule that there cannot be a reasonable expectation of privacy in land that can be observed from adjacent, publicly-accessible space.

As drone technology developed from a curious, niche hobby into a potential billion-dollar business with the ability to change the way packages are delivered to our homes and offices, legal debates quickly followed about whether all airspace above the blades of the grass constitutes “publicly navigable airspace” that is beyond the control of the landowners below, or if those landowners maintain some residual control over some airspace above their land. A decision from the Michigan Supreme Court on this issue would be one of the highest level state or federal courts to confront this question.

Hopefully, the exclusionary rule will not prevent a thorough analysis of the issue, as its resolution will ultimately be necessary to confirm the permissibility of local government regulation of the time, place, and manner of drone flights, and landowners’ airspace control rights, and only when those questions are resolved will drone technology be able to fully flourish in the United States as part of a legal regime that acknowledges and respects the traditional property rights of landowners.

This is a bellwether. This decision will affect the course of not just Michigan, but all of America about how it treats drone surveillance.
Copyright 2024 Goulston & Storrs PC.
For more news on Drone Air Regulations and Zoning Rights, visit the NLR Real Estate section.

AUVSI and DOD’s Defense Innovation Unit Announce Collaboration for Cyber Standards for Drones

The Association for Uncrewed Vehicle Systems International (AUVSI), the world’s leading trade association for drones and other autonomous vehicles, announced a collaboration with the Department of Defense’s (DOD) Defense Innovation Unit (DIU) to further commercial cyber methodologies to design a shared standard. AUVSI’s effort is meant to expand the number of vetted drones that meet congressional and federal agency drone security requirements.

This pilot program would extend relevant cyber-credentialing across the U.S. industrial base and assist the DOD and other government entities in streamlining and accelerating drone capabilities across the board. Overall, this collaboration will help make the drone industry more secure. The program will work with numerous cybersecurity firms to conduct technical cyber assessments before the DIU, DOD, and other government entities conduct additional vetting as necessary.

Currently, the Blue UAS (Unmanned Aircraft Systems) Cleared List has 14 drones on it and 13 more drones are scheduled to be added. The Blue UAS Cleared List is routinely updated and contains a list of DOD-approved drones for government users. These drones are section 848 FY20 NDAA compliant, validated as cyber-secure and safe to fly, and are available for government purchase and operation. However, even with these additions, the demand for additional cleared drones with new capabilities and technology has outpaced the DIU’s ability to scale the program. This collaboration seeks to close that gap and offer cybersecurity certification in close cooperation with the DIU. With off-the-shelf drones serving as critical tools to help conduct diverse government operations, partnership with AUVSI and cybersecurity experts will make it easier for government users to use commercial technology and achieve effective operations in a secure manner.

Article By Kathryn M. Rattigan of Robinson & Cole LLP

For more cybersecurity and data privacy news, click here to visit the National Law Review.

Copyright © 2022 Robinson & Cole LLP. All rights reserved.

New Survey Shows that Americans are Ready for More Deliveries by Drone

Auterion, a drone software company, commissioned a survey from the market research company, Propeller Insights, of 1,022 adults. The survey was gender-balanced and distributed across age groups from 18 to 65+, living in rural, suburban, and city environments in the United States, and was conducted in May 2022.

In the report summarizing the survey, “Consumer Attitudes on Drone Delivery,” Auterion reveals that 58 percent of Americans like the idea of drone deliveries, and 64 percent think drones are becoming an option for home delivery now or will be in the near future. With more than 80 percent of those surveyed reporting that they have packages delivered to their homes on a regular basis, the survey finds that Americans are generally ready to integrate drone delivery into daily life for ease and speed. Of the 64 percent who see drones becoming a more common option for home delivery, 32 percent think it’s possible now or within the next 1 to 2 years.

Only 36 percent of those surveyed had doubts about this type of drone integration, including some individuals who think the general public or governments will not approve of large-scale drone adoption for delivery and others who just prefer that drone delivery doesn’t happen at all.

With individuals choosing more than one option, the survey found that the most common types of home package deliveries reported by consumers today, by vehicles and trucks, are:

  • 39 percent – groceries

  • 34 percent – clothing

  • 33 percent – household items

  • 31 percent – meals

  • 27 percent – medicine

  • 11 percent – baby food/needs

Based on these findings, those surveyed were also asked if they were willing to consider drones as a “new corner store” for conveniently delivering small and last-minute necessities: 54 percent of the individuals said “yes.”

With regard to concerns related to these drone deliveries, 43 percent of those surveyed fear the drone will break down and they will not receive their item, and 19 percent are worried about not having human interaction with their delivery person. However, drone delivery and systems provide accurate trackability and direct delivery, and, therefore are more capable of accurate delivery timing. Delivery drones are built to analyze the environment with precision, to communicate through control software in a common language and predict safe landing spots for the packages. Air space is becoming a great option in a time when highways are filled with cars and trucks, and fuel prices are rising. Drones can help to reduce our reliance on gas-powered delivery vehicles, and provide safer, more flexible, and more cost-effective delivery.

Article By Kathryn M. Rattigan of Robinson & Cole LLP

For more privacy and cybersecurity legal news, click here to visit the National Law Review.

Copyright © 2022 Robinson & Cole LLP. All rights reserved.

Emerging Technologies Update

Our present era is one characterized by rapid technological change, marked by an influx of advancements aimed at enhancing productivity, reducing labor costs, and providing companies with previously unforeseen efficiencies and insights. These emerging technologies—a broad collection of hardware and software that includes artificial intelligence (AI), autonomous vehicles (AVs), biotechnology, robotics, and unmanned aerial systems (drones)—are being incorporated into everyday operations by seemingly every industry and sector.

A number of emerging technologies are finding particular value in the energy, natural resources, and transportation spaces.  A brief survey of these sectors reveals that companies are incorporating emerging technologies in a number of novel ways, including:

  • Use of drones to detect leaks along pipelines and to survey the structural integrity of offshore rigs;
  • Integration of machine learning-empowered connected devices by electric, gas, and water utilities to better serve communities by identifying ways to be more efficient with respect to how resources are managed;
  • Application of predictive analytics for refinery/gas plant optimization to mitigate un-programmed plant shutdowns, improve yields, and enhance safety awareness;
  • Incorporation of machine learning and computer vision into AV systems which have the capability to significantly improve road safety, reduce traffic fatalities, and improve vehicle efficiency;
  • Adoption of machine learning and data analytics by oil and gas companies into planning processes for drilling by hydraulic fracturing; and
  • Utilization of autonomous delivery systems—including aerial and sidewalk drones—in an effort to significantly reduce the cost of deliveries and environmental impacts over the “last mile.”

While these and other technologies show great promise, they also create a host of new challenges for governments, companies, and individuals.  In particular, emerging technologies could usher in an era of massive disruption that dramatically alters and upsets traditional notions of consumer safety and privacy, national security, job security, and environmental quality.  Federal and state regulators and legislators are already starting to tackle the challenges arising from emerging technologies—with mixed results. These actions risk generating unintended consequences that could stifle innovation and/or forestall the incorporation of emerging technologies into various industry operations.

This inaugural VNF Emerging Technology Update is intended to identify recent executive and legislative branch developments in the emerging technology space that may impact the deployment of these technologies, which in turn could impact client operations. If you have a question about these or any other developments in the emerging technology space, please contact the authors of this alert.

Recent Emerging Tech Developments

DOT Announces New Measures to Facilitate Drone Deployment

On January 14, 2019, Secretary of Transportation, Elaine Chao, announced several significant regulatory developments that should—in time—provide drone companies and operators with more operational flexibility.

First, Secretary Chao announced that the Federal Aviation Administration (FAA) had unveiled a proposed rule entitled, “Operation of Small Unmanned Aircraft Systems over People.” Among other things, the proposed rule would allow a small drone to “pass[] over any part of any person who is not directly participating in the operation and who is not located under a covered structure or inside a stationary vehicle”—provided that the drone meets certain operational constraints related to drone weight, design, and risk of injury to people.  The proposed rule would also permit drones to operate at night provided that (i) the drone is equipped with an anti-collision light that is visible for at least three statute miles, and (ii) the operator has completed relevant knowledge training and testing.

While the proposed rule is a good first step in facilitating further innovation in small drone use cases, it is unlikely that the rule would have any immediate impact because it is contingent on the FAA implementing remote identification and tracking regulations, which the FAA is expected to promulgate in proposed form later this year.  Moreover, remote ID and tracking rules are necessary to stymie nefarious and nuisance operations that could target critical systems and infrastructure, including events similar to those that occurred at London’s Gatwick and Heathrow airports late in 2018 and early in 2019, and at Newark International Airport on January 22, 2019. Thus, while the proposed rule is a welcome step toward facilitating drone innovation, regulators still have a lot of work to do before companies (and consumers) realize the potential benefits of commercial drones.

In addition to the proposed rule, the FAA also announced an advanced notice of proposed rulemaking (ANPR) seeking comments on the “Safe and Secure Operations of Small Unmanned Aircraft Systems.” The ANPR recognizes the potential national security threat that drones pose to critical infrastructure, acknowledging that it is continually assessing the ability of the Part 107 regulations to address these concerns.  In addition, the ANPR notes that the FAA is working to develop a process to allow certain fixed-site facility owners to petition the agency to prohibit or restrict drone operations in close proximity to, e.g., critical infrastructure sites. The ANPR further recognizes public safety and national security concerns arising from loss of control of a drone. The agency seeks comment on the need to promulgate regulations establishing design requirements (such as redundancy) for systems critical to flight safety.

It is important to note that the current government shutdown has impacted the publication of these regulatory actions in the Federal Register. Therefore, the FAA is not yet accepting public comment on these actions. The FAA has not indicated when it will publish these actions in the Federal Register, but simply says both will be published “at a later date.”

FCC Proposed Rule on Unlicensed Use of 6 GHz Band

On December 17, 2018, the Federal Communications Commission (FCC) published a proposed rule to expand unlicensed use of the 5.925-7.125 GHz band (6 GHz band). Specifically, the FCC would allow unlicensed access points to operate on the 5.925-6.425 GHz and 6.525-6.875 GHz sub-bands only on frequencies determined by an automated frequency control (AFC) system. For the 6.425-6.525 GHz and 6.875-7.125 GHz sub-bands, the FCC would not mandate an AFC system and would permit unlicensed access points to operate at lower transmitted power.

The FCC’s press release on the proposed rule notes that “[u]nlicensed devices that employ Wi-Fi and other unlicensed standards have become indispensable for providing low-cost wireless connectivity in countless products used by American consumers.” The proposed rule represents one element of the FCC’s broader objective to facilitate and ensure that adequate spectrum exists to accommodate the proliferation of connected devices in the internet of things (IoT).

While the FCC asserted its commitment to “protecting the incumbent licensed services that operate in this spectrum,” the FCC’s proposed action does raise the possibility of conflict with electric, gas, and water utilities and other critical infrastructure systems, which have long relied on the 6 GHz band for their communications networks. Some worry that the FCC’s action could unleash a flood of new unlicensed users on the spectrum, which could create radio frequency interference that compromises both reliability and emergency response capabilities.

Comments on the proposed rule are due by February 15, 2019.

BIS Contemplating Export Controls for Certain Emerging Technologies

On November 19, 2018, the Bureau of Industry and Security (BIS)—an agency within the Department of Commerce—published an ANPR seeking public comment on criteria for identifying emerging technologies that are essential to U.S. national security. The BIS ANPR comes at a time of heightened scrutiny over global technology transfers. The past year alone has been dominated by headlines of (i) potential national security concerns related to the import of Chinese telecommunications technologies; (ii) potential supply chain attacks on U.S. technology manufacturers; and (iii) escalating trade tensions between the United States and China precipitated at least in part by U.S. objections over Chinese theft of intellectual property.

It is this third risk that BIS’s ANPR is attempting to redress. With the help of public comments received over the course their comment period (which closed on January 10, 2019) BIS will evaluate potential national security risks that may arise from the export of emerging technologies.  The agency has indicated that it will likely promulgate a proposed rule to amend the Commerce Control List (CCL) to include new Export Control Classification Numbers (ECCNs) for certain emerging technologies.

While there is certainly a need to address the economic, national security, and political implications of technology transfers—and the deleterious impacts of industrial espionage—some of the most prominent technology companies and technology industry advocacy groups argue that BIS’s action will do little to mitigate potential national security risks and may actually do more to harm U.S. emerging technology companies, because any prohibition on technology exports will apply to companies operating within the United States. Consequently, sophisticated external actors will still be able to engage in industrial espionage, thereby extracting potentially sensitive technologies outside of officially-sanctioned processes, allowing certain emerging technologies to end up in jurisdictions outside of the United States or its allies without U.S. companies being able to control the dissemination of those technologies.

Given the potential negative impacts of BIS’s contemplated regulatory action—as well as the fact that BIS issued the ANPR immediately before the year-end holiday season—many companies petitioned the agency for an extension of the original 30-day comment period. While BIS did extend the comment period an additional three weeks, the compressed comment period undoubtedly prevented some companies and individuals from offering more detailed insights.  Given the potential economic and security impacts of the ANPR, companies may wish to engage with the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) as an alternative or parallel strategy to ensure that the Administration is aware and understands the potential implications on U.S. companies.

Senators Warner and Rubio Introduce Bill to Establish the Office of Critical Technologies and Security

On January 4, 2019, Senators Mark Warner (D-VA) and Marco Rubio (R-FL) introduced S.29, which would establish an “Office of Critical Technologies and Security” within the White House. Recognizing threat of industrial espionage, forced technology transfers, and supply chain vulnerabilities, the bipartisan bill is intended to ensure that technology transfer decisions occur within a broader policy context—a “whole of government technology strategy”—that weighs relevant economic, geopolitical and national security concerns in a way different from the existing BIS regulatory process.

As of January 22, the Senate has taken no further action on the bill.

 

© 2019 Van Ness Feldman LLP
This post was written by R. Scott Nuzum and Eric C. Wagner of Van Ness Feldman LLP.

The ABA Presents: Air & Space Catalog

Drones Across America, Unmanned Aircraft Systems (UAS) Regulation and State Laws

The popularity of drones (Unmanned Aircraft Systems – UAS) and drone technology is the United States has excited entrepreneurs and corporations, while sending lawmakers scrambling to keep pace with the industry’s growth.  This comprehensive book lays out a framework for demystifying the sometimes unwieldy and ever-changing changing area of federal and state drone laws.

 

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Steer Clear from Military Bases if You Want to Keep Your Drone (and Yourself) Out of Trouble

There has been a growing security concern posed by drones, especially in light of increased use by both private citizens and companies. With the aim of keeping personnel and equipment safe in connection with its domestic military bases, the Pentagon recently issued classified rules that provide guidance to the U.S. military on how to deal with private and commercial drones that are found flying over or around its domestic military bases.

During the drafting process of the rules, the Pentagon consulted with the Federal Aviation Administration (FAA) to determine how best to deal with drones. Although the specifics of the rules are classified, the rules generally allow for a variety of different responses to drones including tracking, disabling, and destroying the drones. The response may depend on the circumstances as well as the installation the drone is spotted near (i.e. the drones may even be seized afterwards for use in subsequent investigations). Further, the military already has several options in place such as using traditional ammunition to disable or destroy the drones as well as relying on radio waves to commandeer the drones from their operators.

However, the drones may not be the only things targeted if found operating near military bases. Back in April of this year, the Pentagon and the FAA announced a rule that prohibited drone flights near various domestic military bases. Although the previous rule regarding drones did not indicate that the drones would be specifically targeted by the military, it did state that pilots caught violating the restriction would be subject to arrest. The Pentagon has indicated that it will support civilian law enforcement investigations and the prosecution of unauthorized drone operations over military installations. Violators could potentially face fines or jail time.

For reference, a map can be found on the FAA website that provides information for the general public regarding areas and altitudes where drones can be operated safely. The map also highlights the various restricted airspace in connection with the domestic military bases.

This post was written by Thomas Nguyen of Polsinelli LLP in California © Polsinelli PC

For more legal analysis go to The National Law Review

Soaring to New Heights With Drones: The Rise of UAVs in Construction Projects

The next time you visit a construction site, look up. You may see a drone in flight. The explosion of interest in the unmanned aircraft systems (UAS) industry is driven by their potential for data collection because of the ability to carry many different onboard sensors. In the construction industry, drones are used for inspections, security and surveillance, material delivery, securing investment, augmented reality, and to identify safety issues.

Drones can also be used to improve day-to-day operations by creating time lapses, job-site monitoring, and thermal imaging. Other examples of ways drones can be used in the construction industry include: design, engineering, planning, marketing, volumetrics, asbuilts, construction progress, and site logistics.

Prior to August 2016, there were many legal prohibitions that limited the use of commercial drones. However, 14 CFR § 107 (Part 107) revolutionized the operation of UAS weighing less than 55 pounds and operating for commercial purposes. This regulation affords commercial operators with the opportunity to fly UAS without prior case-by-case approval from the Federal Aviation Administration (FAA), as long as they comply with certain restrictions. Some of the key operating restrictions include maintaining a visual-line-of-sight, operating only during the daytime or twilight hours, not flying over people not directly participating in the drone mission, and maximum speed and altitude limits. Transport Canada, which is responsible for transportation policies and programs in that country, has also recommended similar guidelines, including keeping the drone in visual line of sight and operating the drone during daylight hours. Additionally, there are extensive requirements for commercial operations under Special Flight Operating Certificate (SFOC), but Transport Canada is in the process of revisiting these rules.

Most of the restrictions under Part 107 are waivable, if granted permission from the FAA through an online application process. The Part 107 waiver process incorporates significant flexibility into the regulations. The waiver process is a tool that the construction industry can utilize to maximize the value and use of UAS. Possible areas to request a waiver include nighttime operations, simultaneous operation of multiple aircraft, operation over people, and operation in restricted airspace.

Use of UAVs in the United States is subject to the enforcement authority of the FAA. The FAA has broad enforcement authority and investigatory powers, which require it to regulate aircraft operations in the National Airspace System (NAS) in order to ensure the safety of persons, property, and manned aircraft. The FAA may take enforcement action against anyone who conducts an unauthorized UAS operation or operates a UAS in a way that endangers the safety of the NAS. The FAA works with local and state law enforcement to explain the legal framework surrounding UAS and to seek help in identifying unlawful UAS operators. Specifically, UAS must comply with safety requirements of Part 107. In addition, those who “endanger the safety of the national airspace system” may face penalties, including warning notices, letters of correction, and civil penalties. With regard to the FAA’s investigatory power, it needs only a “reasonable ground” to show a violation of a statute or regulation to initiate an investigation.

Transport Canada overall has conducted minimal enforcement of drone operations. In 2016, it undertook a large educational effort with regard to the safe operation of drones. It does have an online enforcement tool that provides information about “dos and don’ts” for flying drones, as well as details about regulations.

The increased prevalence of UAVs has prompted the courts to review the unsettled area of airspace law. One issue is the private versus public control of airspace. On one hand is the common law principle of property ownership that states that one controls the airspace above their privately owned land. On the other hand are FAA regulations, which claim jurisdiction over all U.S. airspace. Additionally, increased state legislation aimed at drone regulation has created preemption concerns, particularly when the state laws are in conflict with federal laws.

Another risk is that liability arising from drones is not covered in typical commercial liability insurance policies. However, it can be added to both property and liability coverage, which generally protects the insured against damage done by or to its drone. Some regulators propose requiring certain drone users to purchase liability insurance.

In order to keep up with the growth and changing needs of drone use, rulemaking for drone usage will likely continue and expand over the coming months.

Read more legal analysis here.

This post was written by Kenneth D. Suzan of  Barnes & Thornburg LLP.

FAA Rules for Drones: The Waiting is the Hardest Part

drone operations

The May edition of “Unmanned Systems” magazine printed interviews with Earl Lawrence and Marke Gibson, two administrators at the Federal Aviation Administration who are focused on drone integration.  While the FAA currently authorizes commercial drone operations on a case-by-case basis, it is anticipated that a new rule will be finalized this year and will be comprehensive enough to fulfill the public desire for commercial drone operations.

Lawrence predicted that performance-based standards, rather than weight and speed classifications, may be used in the new rule because they provide a more effective response to safety risks posed by drones. Lawrence also believed the new drone rule will require a certification for commercial drone operators.

Gibson noted that testing has revealed drone pilots are able to see other aircraft approaching at a distance of two and one half miles in daylight hours, more than the one mile estimated for operations within visual line-of-sight.  Gibson found this, and other testing data, valuable as the FAA continues its rulemaking for drones.

At least until the new rule is passed, however, commercial operators must still follow the Section 333 exemption process.  Those that wish to operate drones for business purposes must convince the FAA to issue an exemption.  The FAA requires information like the intended use of the drone; its design and operational characteristics; and how its operation will be done safely.

Neither Lawrence nor Gibson told the magazine when the new rule would actually be rolled out by the FAA.  Last Friday at a drone seminar though, Gibson hinted that the new rule may be announced this summer.  Hopefully, the waiting, not the rule itself, is the hardest part.

ARTICLE BY Jeffrey K. Phillips
© Steptoe & Johnson PLLC. All Rights Reserved.

Night Moves: FAA Makes Front Page News With Drone Exemption

On April 18, 2016, the FAA approved, for the first time ever, nighttime operation of a small unmanned aircraft system (UAS or “drone”) when used for commercial activity.  The FAA permitted Industrial Skyworks, Inc. to use drones to inspect buildings at night.

In order to get the exemption, the FAA required the following of Industrial Skyworks:

  • The pilot in command had to possess a commercial or private pilot certification that allowed night operations;

  • The pilot needed a medical certificate per 14 C.F.R. part 67; and

  • The drone had to remain in the pilot’s and visual observer’s line of sight at all times.

Industrial Skyworks bolstered its case by taking these steps to ensure the drone’s safe operation at night.

  • It would be launched from an illuminated landing and take-off area and equipped to continually alert the pilot of its location and altitude.

  • It possessed anti-collision lights visible from 5,000 feet.

  • The site of the preprogrammed flight was limited in size, and the area was restricted to authorized personnel.

  • The pilots completed a training program that included nighttime operating skills and experience.

  • The company created a comprehensive security plan, including a provision that the pilot in command and visual observer would arrive at the work site 30 minutes prior to flight to ensure their eyes adjusted to the darkness.

Article By Jeffrey K. Phillips of Steptoe & Johnson PLLC

© Steptoe & Johnson PLLC. All Rights Reserved.

New Rulemaking Committee Could Expand Drone Uses for Utilities and Other Industries

On February 24, 2016, the Federal Aviation Administration announced the establishment of a new Aviation Rulemaking Committee (ARC) to develop performance-based recommended standards and requirements for the operation of micro unmanned aircraft systems (UAS) in the National Airspace System.  As previously defined in the Notice of Proposed Rulemaking (NPRM) for the Operation and Certification of Small Unmanned Aircraft Systems, a micro UAS is an unmanned aircraft that weighs no more than 4.4 pounds (2 kg) and is constructed of frangible materials “that break, distort, or yield on impact so as to present a minimal hazard to any person or object.”  The micro UAS ARC is to include members representing a diverse set of aviation stakeholders with emphasis on individuals with knowledge of small UAS design, manufacturing, and operations, data collection, safety, sensors, and testing.  The micro UAS ARC is to develop and submit its recommendations to the FAA by April 1, 2016, which recommendations will then be considered in the possible development of a future NPRM focused on micro UAS classification and operations.

New Rulemaking Committee Could Expand Drone Uses for Utilities and Other IndustriesWhy is the development of interest to utilities?  First, the defining characteristics of micro UAS could include many inexpensive but capable small drones presently available on the retail market.  This could enable utilities to more readily deploy UAS technology and begin gaining experience with it in a variety of applications.  Second, one of the key issues the ARC will focus on is the development of standards and operating parameters that could allow micro UAS to be operated over people who are not directly involved in the UAS operation.  Most utilities currently operating small UAS do so pursuant to Section 333 Exemptions that require operations be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless certain precautions are taken.  This restriction can limit utilities’ ability to operate small UAS in some areas, such as over residential neighborhoods for post-storm damage assessments or for routine inspections of utility infrastructure located in densely developed areas.  A utility will still need to confine its UAS operations to above private or controlled access property where it has permission from the property owner, another typical Section 333 Exemption requirement; however, the ARC’s recommendations could allow utilities to deploy micro UAS along transmission and distribution line easements and fly within 500 feet of persons not involved in the operation.

These potential improvements resulting from the work of the micro UAS ARC do not address the operation of larger UAS that would be required for long distance utility applications, or the current restriction prohibiting beyond visual line of sight operations.  Furthermore, the initial list of invited members of the micro UAS ARC does not include any representatives from the utility or energy sectors, but does include other small UAS users such as Google and various agriculture, real estate, and news media interests which could also benefit from these changes.  Nevertheless, while the interests of the utility and energy sectors are not directly represented on the ARC, there is reason for optimism that the micro UAS ARC’s recommendations and potential future rule changes will open the door for an expanded number of beneficial, short range drones uses by utility and energy companies.

Article By Thomas J. Dougherty of Lewis Roca Rothgerber LLP

©2016 All Rights Reserved. Lewis Roca Rothgerber LLP