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

2. “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

3. “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

4. 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 , Feb. 14, 2012

5. 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)

6. 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.

7. 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).

8. 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.

9. 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

10. 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

11. 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

12. 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. §§ & 40125).
Advisory Circular A (Feb. 12, 2014).
No compensation for the operation.
Certificate of Waiver or Authorization (COA)

13. Model Aircraft Model Aircraft (P.L. 112-95, Sec. 336)
Defines “model aircraft” and establishes operational rules for modelers to follow.
Interpretive Rule – June Fed. Reg
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.

14. 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.

15. UAS Enforcement Compliance Through Education.
“Know Before You Fly” campaign.
B4UFLY Smartphone App
UAS Integration Office webpage.
FAQs
Law Enforcement Resources
Regulations and Policies

16. 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

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

18. 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.

19. QUESTIONS?