This is getting to be a common occurrence. We see these kinds of incidents as support for the proposition, discussed here, that the FAA treat regulations of small, line of sight drones (i.e., “microdrones”) as consumer products, like cell phones.
Tag Archives: drone
An alternative approach to small drone regulations?
Writing at Aviation Today, authors Henry Perritt, Jr. and Eliot O. Sprague make some interesting suggestions for a more practical, alternative approach to FAA regulations for small, line of sight drones (what they call “microdrones”): Treat them as a consumer product, like a cell phone or lawn mower.
They begin with a stunning admission from the FAA:
In May 2014, Jim Williams, head of the FAA’s Unmanned Aircraft Systems (UAS) office, told the Small Unmanned Systems Business Expo that general regulations for microdrones would not be promulgated until after 2020. Congress, in the 2012 FAA Modernization and Reform Act, mandated that such regulations be effective no later than 2015. This much of a delay beyond the congressionally mandated deadline invites a lawsuit telling the FAA to move forward quickly.
The reason it will take so long is that the FAA assumes that it will begin with existing regulations for manned aircraft and adapt them line by line, to the peculiarities of microdrones.
Instead, the authors argue,
the agency should take advantage of the capabilities of microdrone technology to enforce certain limits on flight profiles autonomously. Such an approach would focus FAA energy on defining what limits should be built into drones commercially marketed, relieving it of detailed regulation of airmen and detailed flight rules to be enforced in the conventional way.
Taking a cue from the FCC’s regulation of cell phones, the authors suggest that the FAA require that microdrones have certain limitations and capabilities built into their hardware and software. For example:
The most basic rules to be encoded into microdrones are already agreed on. First, a height limit is necessary to keep microdrones away from the airspace in which manned craft fly most of the time. Under the proposed approach, legal microdrones must have a navigational mechanism – a combination of barometric pressure sensors and GPS navigational systems – that would not permit them to fly above 400 ft. AGL.
Second, microdrones can be flown only within line of sight. In order to keep them there, microdrones must have a built-in radius limit of, say, 1,500 ft. horizontally from the DROP.
As a further prerequisite for certification, microdrones must have a return-to-home feature that could be triggered by the DROP, and which would be automatically triggered by loss of signal. This also might be triggered by an indication that the DROP has become inattentive, kind of like the “dead man control” on railroad locomotives.
Many microdrone operators would probably not be in full agreement on these proposed limitations. We imagine, for instance, that operators would not be happy with the FAA imposing an arbitrary maximum horizontal radius to enforce line of sight. But, on balance, this seems to us like a preferable approach to insuring that both commercial operators and hobbyists are able to use off-the-shelf technology without having to go through the cumbersome process of obtaining traditional FAA certifications.
What do you think?
What’s the hold-up on drone regulations?
Forbes has a wide-ranging article on the FAA’s hold-up on drone regulations, and what it means for commercial innovation. It’s already familiar territory for those of us who follow the issue, but this passage regarding the FAA’s explanation jumped out at us:
So what’s the hold up? A spokesperson for the regulator told Fortune that the agency has made “significant progress toward that goal, even as it dealt with disruptions due to sequestration and a three-week government shutdown.” Then there are technical issues to work through: the spokesperson said, the agency is developing a mechanism through which manned and unmanned aircrafts can communicate to avoid collisions.
“This is an exciting new technology,” the FAA said in statement. “People want to see what it can do—and what they can do with it. Detect and Avoid and Command and Control are two key integration-related research areas that must be addressed before routine beyond-line-of sight operations will be authorized to fly.”
(emphasis added).
By emphasizing beyond-line-of sight operations, the FAA seems to tacitly admit that it has no answer for why it is holding up regulations for line-of-sight (LOS) operations. All that the agency has managed to do thus far is pick a fight over how narrowly it can define LOS. Meanwhile, it goes around playing whack-a-mole with operators who pose no real threat to public safety.
As one interviewee comments, the FAA needs to change to a risk-based approach. Give some leeway for the development of low-altitude operations that can be safely managed without posing a risk to air traffic while, at the same time, technology is being developed for the full integration of beyond-LOS vehicles. The delay is killing potential job growth and investment.
Many drone advocates fear that the ongoing delay will make the U.S a laggard, behind countries like Canada, which issues flying permits in couple of weeks. In 2013, Canada’s airspace regulator issued 945 drone permits—a significant increase compared to 345 issued in 2012. Here in the U.S. the FAA has issued 700-750 authorizations since 2006.
Getting your ass kicked by Canada is never a good sign, but that’s an embarrassing statistic.
Amazon gets backing from UAS association
The Association for Unmanned Vehicle Systems International (AUVSI) has given its backing to Amazon’s application for permission to test its Prime Air drone delivery service.
In a letter Tuesday (download PDF), AUVSI president and CEO Michael Toscano urged the U.S. Department of Transportation to grant Amazon an exemption that would allow the online giant to conduct immediate outdoor tests of its commercial drones.
AUVSI points out that allowing Amazon to test will help spur job growth in an industry that promises to employ tens of thousands, at the very least.
The report also contains some interesting details regarding Amazon’s efforts:
According to Amazon, it is currently testing a range of capabilities including agility, flight duration and sense-and-avoid sensors on its eighth and ninth-generation aerial vehicles. All of the tests are being carried out in indoor facilities or at overseas locations and involve battery-driven, rotor-powered, unmanned aerial vehicles weighing less than 55 pounds.
As we have previously noted, it is unfortunate that Amazon is currently being forced to conduct its outdoor tests overseas. We should be developing this knowledge base here, in the U.S.
About those Disney patent applications
Gregory McNeal has written an in-depth article on Forbes discussing the relationship between Disney’s patent applications and the need for the FAA to enact regulations that encourage, not stifle, innovation. The article is informative and well worth reading in full, but I’ll just excerpt a couple of points:
If Disney tried to use drones today, the FAA would immediately order them to cease their operations. That’s because the FAA believes that the commercial use of drones is unlawful (barring some limited exceptions) until such time as the agency promulgates new regulations.
Yes, the FAA’s rules are absurd for a number of reasons, not least of which is that Disney operates on vast areas of private land. Granted, the Disneyland property is surrounded on all sides by the city of Anaheim, but Disney World covers some 47 square miles. Shouldn’t such a large private property owner – especially one that regularly launches fireworks hundreds of feet into the air – be allowed to innovate within certain parameters? Say, below a certain altitude?
Even if the FAA promulgates new regulations, it is not clear that they will allow Disney’s flights. That’s because many believe that the FAA is planning to issue regulations that privilege certain types of drones and drone manufacturers — specifically those drones that have been previously used by the military or that are produced by major aerospace companies.
Government bureaucracies tend to model their rules based on what they know. And what the FAA knows about drones really doesn’t go much beyond what the public knows – i.e., drones that are used for military and intel purposes. Nothing scares the bejesus out of a bureaucrat more than the thought of something he doesn’t understand or, worse, something he can’t control. And private sector innovation threatens to force the FAA to accept the inherent risk in allowing such innovation to flourish.
There is also the problem, as McNeal mentions, of regulatory capture. Big government agencies tend to be part of a revolving door between those who regulate and those who are regulated. Many former bureaucrats become lobbyists for industries they once regulated. Many former leaders of regulated industries become heads of bureaucracies that they once answered to. The results in a feedback loop of money and industry cronyism, as each knows that the health of the other can affect his or her future career.
Seen from this point of view, an innovator like Disney must seem like an interloper, or a misfit. People who have been going through the revolving door just don’t know what to make of it.
Finally, McNeal notes Disney’s safety-consciousness. As someone who once worked at a Disney theme park (I was a monorail driver at Disney World – I won’t mention how long ago), I can personally vouch for how obsessed Disney is with safety. Disney’s corporate culture, how it values its public image, and of course its underwriters, all place excruciating pressures on Disney’s design and operations personnel to give Disney guests an experience that is both memorable and safe.
Disney is an ideal laboratory for the very sort of innovation that the FAA should be encouraging. Let’s hope that the FAA does the right thing.
Real estate video company takes a defiant stance
Given all the meekness we’ve seen in the face of the FAA’s bullying, we find the attitude of this real estate video company representative to be rather refreshing:
“The use of drones in real estate is neither legal, nor illegal. It just has not been regulated yet,” says Brian Doe, director of Business Development at Home Jab; a real estate video production company offering a network of trained filmmakers who create aerial video for real estate marketing.
… “It’s kind of like saying ‘you can’t speed,’ but the road has no speed limit. So how do you determine what speeding is? There is no way to enforce any rule, there is nothing out there about UAV’s, especially fewer than 55 pounds,” says Doe.
We couldn’t have said it better.
Drones on the farm: What are the laws?
As evidence for the proposition that no news outlet is so obscure as to escape our watchful eye, we bring you this story from a publication called Dairy Herd Management. Unfortunately, farmers are caught in the same regulatory void* as professional photographers, realtors, and pretty much everyone else. Peggy Hall, an assistant professor and Ohio State University Extension field specialist in agricultural and resource law, says:
“While landowners, farmers and growers need to know if it is legal to use UASs on their own land to monitor crops or for other uses on their farm, at this point it’s still a gray area in the law.”
Ms. Hall cautions farmers about the risk of incurring fines from the FAA. Perhaps someone ought to put together a pro bono team of practitioners and law students to represent farmers in challenges to the FAA.
* We were tempted to write, “regulatory purgatory,” but thought better of it after having a second coffee.
Drone service to launch in South Florida
Coral Springs-based OpenSky Drones, LLC is launching a service that would use drones for building and safety inspections, among other things.
The unmanned aircraft’s cameras can live-stream visuals needed for building inspections, as well as natural gas detection and cellular tower energy readings for utilities and government agencies.
The service will not become operational until it receives FAA approval. We are frankly unsure of whether the service really needs FAA approval, given the Pirker decision, so long as the service operates line-of-sight aircraft below 400 feet and away from airports. But, as we’ve said before, serious investors in this new field want to play nice because it’s good for business over the long term to do so.
The question is, will the FAA play nice? Approving a business like this should be a no-brainer.
h/t sUAS News
Twin Cities Law Firm Launches Drone Practice
The Twin Cities law firm of Fafinski Mark & Johnson is launching a “drone” practice group. The law firm “said Tuesday that it has been closely monitoring the developing drone industry, and legal advisors and litigators from its aviation group will lead the new practice group.”
Expect to see more aviation law firms expand into the realm of drone law.
FAA Investigates Congressman’s Drone Wedding Video
The Federal Aviation Administration indicated Wednesday that it is investigating whether a video of an upstate New York congressman’s wedding last month violated the agency’s ban on drone flights for commercial purposes.
The agency’s carefully worded statement doesn’t mention Rep. Sean Patrick Maloney, a Democrat, by name, but said it was looking into “a report of an unmanned aircraft operation in Cold Spring, New York, on June 21 to determine if there was any violation of federal regulations or airspace restrictions.”
Although we hope that the photographer doesn’t get hit, on balance we find this situation to be rather amusing. The FAA is being forced by its own misguided rhetoric to investigate an event that was paid for by a member of Congress whose responsibilities include FAA oversight.
Break out the popcorn.