Tag: UAS

Drone Delivers Human Kidney for Transplant

Last month, a University of Maryland unmanned aerial system (UAS or drone) delivered a donor kidney to surgeons at the University of Maryland Medical Center (UMMC) in Baltimore for an ultimately successful transplant to a patient with kidney failure. The drone flew 2.6 miles in approximately 10 minutes.

This University of Maryland project is important to determine whether this process of delivery works; if it is a proven system of delivery, unmanned organ transport can potentially be done at much greater distances. This would minimize the need for multiple pilots and flight time and address safety issues.

The drone flight was monitored by AiRXOS Air Mobility Platform, which manages the volume, density and variety of UAS traffic data for safe operations while functioning as an apparatus for maintaining and monitoring a viable human organ.

 

Copyright © 2019 Robinson & Cole LLP. All rights reserved.
This post was written by Kathryn M. Rattigan of Robinson & Cole 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

Senators Booker and Hoeven Introduce the Commercial UAS Modernization Act to Streamline Drone Integration

Today, Senator Cory Booker (D-NJ) and John Hoeven (R-ND) introduced the Commercial UAS Modernization Act, legislation designed to streamline the integration of commercial unmanned aircraft systems (UAS) in the United States. The legislation would establish an interim rule governing small UAS operations, provide the Federal Aviation Administration (FAA) with some flexibility on issues like visual-line-of-sight (VLOS), reduce the regulatory burden for commercial operators, create a new deputy administrator position at the FAA focused on UAS and encourage maximum use of current FAA UAS test sites.

The FAA has already taken several steps in 2015 to expedite commercial use of UAS, including releasing the Notice of Proposed Rulemaking focused on the Operation and Certification of small UAS (UAS NPRM), approving blanket Certificate of Waiver Authorizations (COAs) and altering the Section 333 exemption process to reduce the burden on operators. While the Section 333 exemption process has resulted in nearly 300 approvals for UAS operations to date, the FAA’s proposed regulatory program may not be finalized until 2016 or even 2017.   The Commercial UAS Modernization Act would put a regulatory program in place before that time period, allowing the U.S. to take advantage sooner of what is expected to be $82 billion in expected economic impact over the next decade.

Commercial UAS Modernization Act

In general, the Commercial UAS Modernization Act:

  • Creates an interim rule for commercial use and testing of small UAS while the FAA finalizes rules covering commercial UAS.

  • Builds a framework for the registration and use of UAS for commercial purposes.

  • Strengthens the FAA’s oversight authority by creating a new position, the Deputy Associate Administrator for Unmanned Aircraft and by streamlining regulations.

  • Ensures that FAA test sites are being used to the maximum extent to facilitate research into new technologies, in partnership with industry and other relevant government entities.

The primary goal of the Commercial UAS Modernization Act is to create a regulatory gap filler until the FAA’s UAS NPRM is finalized. The legislation would allow small UAS operations without an airworthiness certificate. Many of the conditions set forth in the legislation are the same as what is found in the FAA’s UAS NPRM, including registration, certification and operator testing requirements. As for operations, the VLOS standard is still in place as well as the flight ceiling of 500 feet. Small UAS operators would also be required to obtain liability insurance covering operations and provide proof of that insurance to the FAA.

Interestingly, Section 338(e) of the legislation includes a requirement that the FAA “expedite and expand exemptions from the interim operating restrictions.” This appears to be the flexibility that many stakeholders had hoped for with the UAS NPRM. Under Section 338(e), the FAA may consider exemptions relating to (1) beyond VLOS operations; (2) programmatic exemptions based on previous analysis; (3) extension of VLOS and marginal visual flight rules weather conditions; (4) heavier unmanned vehicles.

The Commercial UAS Modernization Act would also create a new position, the Deputy Associate Administrator for Unmanned Aircraft. The new Deputy Administrator would be tasked with addressing some of the more challenging issues facing commercial UAS operations, including (1) aircraft spectrum issues; (2) barriers to beyond VLOS operations; (3) barriers to payload carriage; and (4) barriers to utilizing automated unmanned aircraft systems. The legislation also makes research a priority, including identifying safety standards for detect and avoid, command and control, autonomous aircraft systems, and air traffic management for beyond VLOS operations.

What has the FAA Done in 2015 to Expedite Integration

Small UAS Proposal

Earlier this year, the FAA released its Notice of Proposed Rulemaking focused on the Operation and Certification of small UAS within the United States. The UAS NPRM applies to small UAS defined UAS weighing less than 55 pounds. The UAS NPRM proposes to add a new Part 107 to Title 14, which would prescribe “rules governing the registration, airman certification, and operation of civil small UAS within the United States.” The public comment period for the NPRM ended on April 24, 2015. Now, the FAA will consider input from stakeholders while developing a final rule. That final rule may not arrive until 2016-2017. In the interim, commercial operators are left with the Section 333 exemption process.

Summary Grant Process

Speaking of the Section 333 exemption process, as of May 2015, the FAA has approved nearly 300 petitions for exemption. The pace of the FAA’s Section 333 approvals has increased as the agency tweaks the process. Recently, the FAA introduced a “summary grant” process. With the summary grant process, the FAA looks to see if a new Section 333 petition request is similar to a previously approved petition request. If the new request is similar to an already approved Section 333 petition, the FAA will rely on its prior analysis and issue a summary grant. The FAA has indicated that most of the Section 333 petitions that it has received are either for film and television production or for the collection of aerial data and that future similar petitions will be handled via the summary grant process. The FAA will still perform a detailed analysis for unique Section 333 petitions. Unique Section 333 petitions will also be subject to public comment.

The FAA has modified other pieces of the Section 333 approval process to reduce the barriers to approval. For example, in most Section 333 approvals to date, the FAA required operators to at least have a private pilot certificate. The FAA recently modified this requirement and now may approve operations by people who hold a recreational or sport pilot certificate.   Recreational and sport pilot certificates are generally easier to obtain than a private pilot certificate. Also, the FAA previously required UAS operators to have a third class medical certificate. The FAA eliminated that requirement as well. Now, an operator will only need a valid driver’s license to satisfy the medical requirement.

“Blanket” COA

Finally, one other streamlining tool the FAA adopted in the first part of 2015 is the concept of a “blanket COA”. In the past, once the FAA granted a Section 333 Exemption, the exemption holder would also have to file for a separate COA to fly the UAS in a particular block of airspace. The COA approval process can take 60-days.   To cut down on that time, the FAA announced in March that companies with current Section 333 approvals and all future such approvals would be covered by a “blanket” COA as long as operations were at or below 200 feet.

The “blanket” COA applies to any UAS operator that has been granted a Section 333 exemption for aircraft that weigh less than 55 pounds, that operate below 200 feet, during daytime Visual Flight Rules (VFR) conditions, within VLOS of the pilots, and that stay certain distances away from airports or heliports. UAS operations outside of these parameters still require the standard COA.

ARTICLE BY Michael Weller of Bracewell & Giuliani LLP
© 2015 Bracewell & Giuliani LLP

FAA Issues New Proposed Rules for Unmanned Aerial Systems (Drones)

Greenberg Traurig Law firm

The FAA Modernization and Reform Act of 2012 addressed the integration of civil unmanned aircraft systems, also known as UAS or drones, into the national airspace system. The Act requires the Secretary of Transportation to develop, among other things, a comprehensive integration plan and rules governing the operation of small UAS. On Feb. 15, 2015, the Federal Aviation Administration (FAA) issued its proposed rules. According to the Secretary of Transportation, UAS “technology is advancing at an unprecedented pace and this milestone allows federal regulations and the use of our national airspace to evolve to safely accommodate innovation.”

The Notice of Proposed Rulemaking will be available for public comment for 60 days following its publication in the Federal Register. Interested and affected companies have the opportunity to provide comments on the FAA proposal and shape the final UAS rule.

Permitted Vehicles

The proposed rules would permit the operation of UAS weighing less than 55 pounds. The UAS would not be required to have an airworthiness certificate, such as that required for an airplane, but they would have to display aircraft markings similar to other aircraft, and operators would be required to conduct a pre-flight safety check. The FAA is also soliciting public comment on further exemptions for “micro” UAS, weighing 4.4 pounds or less. The proposed rules do not apply to model aircraft and do not apply to private, recreational use of drones.

Operational Limits

The UAS could operate at speeds up to 100 mph, and at altitudes below 500 feet above ground level. Operations would be limited to daylight hours with visibility of at least 3 miles. The UAS would have to remain within the unaided visual line-of-sight of the operator; binoculars or an onboard camera would not satisfy this requirement. Operators could also use an observer to assist in maintaining visual contact, but would have to retain the ability to see the UAS themselves.

Licensed Operators

Operators would have to be licensed by the FAA, but they would not need a pilot’s license. Under existing regulations, operators can request an exemption from FAA regulations, but such exemptions are usually conditioned on possession of a pilot’s license by the operator. Under the proposed rules, operators would have to be at least 17 years old and be vetted by the Transportation Security Administration. They would be required to pass an initial aeronautical test at an FAA test site, with an update test every 2 years. The anticipated costs for the license are small, in the range of a few hundred dollars.

Flights over People and Property

The UAS would be prohibited from operating over any persons “not directly participating in the operation” or “not located under a covered structure that can provide reasonable protection.” This is a significant limitation, which would preclude flights over most public locations such as schools, beaches and parks, and might be read to limit flights over residential areas. Given the number of drone videos already posted online, this rule is likely to be broken, which, as noted below, may result in potential liability. The limitation on overflight of other persons also highlights privacy concerns. Although not directly addressed in the proposed rules, privacy issues will continue to be a point of friction between drone operators and those potentially affected, such as drone-operating photo-journalists and their news subjects.

Delivery Systems and Remote Monitoring

The line-of-sight requirement would likely preclude the type of remotely-piloted delivery systems envisioned by certain major sales and fulfillment services. This requirement may also limit the use of the proposed rules for authorizing remote monitoring of agricultural sites, pipelines and other areas that are out of the line-of-sight of the operator. However, in these situations, the FAA grants limited exemptions to existing FAA regulations for qualified operators, and the proposed rules do not preclude further development of rules for remote operation.

Liability and Insurance

A UAS weighing 50 pounds and traveling at 100 mph could represent a significant potential danger to persons and property. The proposed rules would require a report within 10 days of any accident involving injury to persons or property. Companies operating drones are cautioned that existing liability policies may not provide coverage for drones, particularly for those that are not operated in compliance with existing FAA regulations and exemptions. Some carriers are writing coverage specific to drones, and operators, as well as the companies that hire such operators, should consult with their insurance agents prior to commencing operations.

Ongoing Legal Issues and Interim Operations

The FAA rules are proposed rules, not authorizations for immediate operations. Therefore, companies that plan to use drones before the rules are finalized are cautioned that, unless they hold an existing FAA exemption, they may risk liability for the commercial use of drones. In addition to the FAA, state and local governments are currently exploring further restrictions on drone flights, including restrictions related to privacy, which are not directly addressed in the FAA proposed rules.

In addition to regulatory limitations, drone operations can create significant risks of liability for personal injury, property damage and other claims. These legal issues are likely to present risks even for companies that do not directly operate drones, but instead contract with drone operators.

Given the rapid development in both the technology and the rules and regulations, companies that plan to operate or hire drones should consult with counsel to get an up-to-date assessment of the regulatory environment and other legal risks pertaining to their particular location.

ARTICLE BY

Alais L. M. Griffin
Jordan D. Grotzinger
Adam Siegler
OF
Greenberg Traurig, LLP

Drones Over Kenya and South Africa?

Covington BUrling Law Firm

Similar to the growing U.S. interest in exploring civilian uses of unmanned aircraft systems (“UAS”), efforts are underway across the African continent to deploy UAS in innovative ways such as protecting wildlife, expanding internet connectivity to isolated communities, and delivering humanitarian aid.  In Kenya, Dickens Olewe and his African SkyCAM project is helping journalists to revolutionize their news reporting and coverage.

The winner of the inaugural African News Innovation Challenge, African SkyCAM “establishes Africa’s first newsroom-based ‘eye in the sky’ drones and camera-equipped balloons to help media that cannot afford news helicopters cover breaking news in dangerous situations or difficult-to-reach locations.”  It has the potential to address two of the main shortcomings faced by traditional news media in the region.  First, journalists who lack financial and technological resources to conduct remote reporting often are “‘risking life and equipment’” to get their story.  Second, by not resorting to state-owned UAS, journalists are able to maintain editorial independence in their reporting.

Use of UAS for journalism and other civilian purposes in the region is facing the same regulatory challenges which are delaying their widespread deployment in the U.S.  Although the Kenyan government has not yet established a regulatory framework for civilian UAS, it has indefinitely grounded both the Flying Donkey Challenge (a high-profile, Swiss-funded competition to develop flying robots which are capable of carrying heavy cargo over long distances) and the Ol Pejeta Conservancy’s wildlife surveillance drone.  Similarly, earlier this year, the South African Civil Aviation Authority announced a “clampdown” on civilian UAS, a warning that some observers believe has chilled this nascent industry.  However, it is promising that the South African government has stated that it is “cognizant of the urgent need and demand for UAS usage” and that it will be releasing an interim guidance document by March 31st of next year.  In addition, South Africa and other countries in the International Civil Aviation Organisation Unmanned Aircraft Systems Study Group are continuing to work to develop a safe and harmonised regulatory framework.

In the meantime, African SkyCAM (which is looking to expand to Mozambique and Namibia) and others will need to pay careful attention to finding the proper balance between business, compliance, and innovation.

ARTICLE BY

Mipe Okunseinde
 
OF 
Covington & Burling LLP