AMA Encourages Members to “Hold Off Registering Model Aircraft”

Posted by William Kellermann on Dec 18, 2015 in Federal Law, In The News | 0 comments

On December 16, 2015 the Academy of Model Aeronautics (AMA) Executive Council approved a plan to challenge the FAA’s recently announced drone registration program.  Although the AMA was one of the groups invited to participate in crafting the registration plan, they are unhappy with the results.  As part of their challenge, they are encouraging members to refrain from registering their aircraft for the time being.  Specifically, the plan suggests “AMA members hold off on registering their model aircraft with the FAA until advised by the AMA or until February 19, the FAA’s legal deadline for registering existing model aircraft.”

At the core of their dispute the AMA questions whether the FAA has the legal authority to require registration or otherwise regulate model aircraft.  The FAA took the position that model aircraft are ‘aircraft’ it has statutory authority to regulate, and thus require registration of UAVs under the Section 336 of the FAA Modernization and Reform Act of 2012.  However the AMA contends such authority is limited by the same act, otherwise known as the “Special Rule for Model Aircraft.”  Shortly after the FAA issued its interpretation of Section 336 and announced its intent to regulate model aircraft, the AMA filed a petition with the U.S. Court of Appeals for the District of Columbia which is pending.  In its petition, the AMA is specifically challenging the FAA order “Interpretation of the Special Rule for Model Aircraft.” 79 Fed.Reg. 36,172 (June 25, 2014) and seeking a court order to rescind.  The core of the petition is whether or not “model aircraft,” including small UAVs or drones, are “aircraft” subject to FAA jurisdiction to regulate.

In its zeal to invoke a plan to register UAVs in time for the 2015 holiday season, the registration rules leave many unanswered questions.  At a minimum, the registration requirement may also be challenged as an overreach by the FAA because the agency failed to follow public notice and comment procedures ordinarily required before final adoption of federal regulations.  If model aircraft are determined to be ‘aircraft’ subject to registration requirements, can the same be said for model or hobby rockets or unmanned experimental balloons?  Will hobbyists in those areas also find themselves subject to registration?

To be clear, the AMA does not oppose registration of drones per se, but does object to FAA registration that is duplicative of association rules.  The AMA also objects to the broad definition promulgated by the FAA as to what constitutes a model aircraft subject to regulation.

FAA Names Members of UAS Registration Task Force and Seeks Public Input on Proposed UAS Registration Framework

Posted by William Kellermann and Nicole Witt on Oct 30, 2015 in Federal Law | 0 comments

The FAA announced the members of its UAS Registration Task Force. The 26 member task force will be chaired by the Director of the FAA’s UAS Integration Office, Earl Lawrence and GoogleX’s, Dave Vos. Members include representatives from industry, law enforcement organizations, consumer groups, aviation officials’ organizations, and pilots’ associations.

The FAA recently announced the formation of the task force to develop recommendations for expanding the registration of drones as part of an effort to ensure that small drones are used safely. In a document titled “Clarification of the Applicability of Aircraft Registration Requirements for Unmanned Aircraft Systems (UAS) and Request for Information Regarding Electronic Registration for UAS,” the FAA noted that pilots have reported twice as many drone sightings in this year as compared to 2014. Pilots report drones as high as 10,000 feet and as close as half a mile from runways. The FAA also observed that drone use near wildfires has interfered with the work of emergency responders.

The FAA anticipates 1 million new drones will be purchased this holiday season and it is concerned that instances of illegal and unsafe drone use will become more and more frequent. While the FAA has exercised discretion related to the registration of drones in the past, it is considering changing course by requiring greater compliance from drone operators with federal law prohibiting the operation of unregistered aircraft.

The taskforce is charged with forming recommendations related to drone registration. The taskforce will also consider whether the FAA should continue to exclude certain drones from registration based on weight and performance limitations.

In keeping with the creation of the rapid-response task force to develop a process for registration of UAS, the FAA asked for public input regarding relevant rulemaking.  The FAA would like all input by November 6, 2015.  Interested persons may comment online or via traditional methods.

In its request, the FAA identified 10 questions for which it seeks public comment:

1. What methods are available for identifying individual products? Does every UAS sold have an individual serial number? Is there another method for identifying individual products sold without serial numbers or those built from kits?
2. At what point should registration occur (e.g. point-of-sale or prior-to-operation)? How should transfers of ownership be addressed in registration?
3. If registration occurs at point-of-sale, who should be responsible for submission of the data? What burdens would be placed on vendors of UAS if DOT required registration to occur at point-of-sale? What are the advantages of a point-of-sale approach relative to a prior-to-operation approach?
4. Consistent with past practice of discretion, should certain UAS be excluded from registration based on performance capabilities or other characteristics that could be associated with safety risk, such as weight, speed, altitude operating limitations, duration of flight? If so, please submit information or data to help support the suggestions, and whether any other criteria should be considered.
5. How should a registration process be designed to minimize burdens and best protect innovation and encourage growth in the UAS industry?
6. Should the registration be electronic or web-based? Are there existing tools that could support an electronic registration process?
7. What type of information should be collected during the registration process to positively identify the aircraft owner and aircraft?
8. How should the registration data be stored? Who should have access to the registration data? How should the data be used?
9. Should a registration fee be collected and if so, how will the registration fee be collected if registration occurs at point-of-sale? Are there payment services that can be leveraged to assist (e.g. PayPal)?
10. Are there additional means beyond aircraft registration to encourage accountability and responsible use of UAS?

Scientist Suggests Drones Stress Wildlife

Posted by William Kellermann on Aug 14, 2015 in In The News | 0 comments

In a journal article first covered by the Washington Post, researchers from the University of Minnesota’s Department of Fisheries, Wildlife and Conservation Biology found evidence that drone surveillance causes stress in black bears.  Writing in Current Biology, postdoctoral researcher Mark Ditmer, presented evidence that black bears can be stressed by the presence of UAVs, even if they don’t outwardly show it.  This blog previously discussed the use of drones to monitor shark activity near California beaches.   Scientists and wildlife officials also use drones used to monitor whales and dolphins at sea, as well as African wildlife subject to poaching.

Since passage of the 1964 Wilderness Act, motor vehicles are generally prohibited in the rapidly expanding network of wilderness areas in the United States (16 U.S.C. § 1133(c)-(d)).  Limited exceptions exist for wildlife research, but the law and it’s enforcing regulations are less than clear regarding drone use.  For example, aircraft over-flights are allowed, but aircraft landing is prohibited except in an emergency.  Exacerbating the issue is conflicting jurisdiction between land-use agencies such as the Bureau of Land Management or National Park Service with the Federal Aviation Administration. Nevertheless, as scientists conduct more research, the article tacitly suggests another area where federal, state and local officials could implement regulations.

UAV Used To Smuggle Drugs Into Prison

Posted by William Kellermann on Aug 7, 2015 in In The News | 0 comments

The United States has the largest prison population per capita of any industrialized nation.  It should therefore come as no surprise to find that high tech has made its way into that demographic almost as easily as it does outside prison walls.  And the most common vehicle for delivering technology into prisons is also now high tech.

Correctional officials in Ohio recently announced that a fight among inmates at the Mansfield Correctional Institution was caused when a UAV was used to drop more than seven ounces of heroin, marijuana, and tobacco into the prison yard.  Drone Drops Drugs Into Ohio Prison Yard: The Newest Smuggling Method? While drugs can be delivered into a prison by simply tossing a drug-laden tennis ball or faux rock over the wall, the primary use of UAV’s appears to be Smartphone delivery.  Airmail via Drones Is Vexing for Prisons. Smartphones are extremely valuable to inmates because they are not monitored or recorded in prisons and can be used for many unlawful purposes, including coordinating delivery, via UAV, of additional contraband.  UAV’s have been discovered attempting to deliver contraband into prisons in the US, Canada, Ireland, Britain, and Australia.  Over the past two years, the 10 discovered attempts are viewed as the tip of the iceberg.  Officials have no way of knowing how many attempts are successful.  Judging by the increasing number of Smartphones found in prisons (one inmate was recently discovered hiding 17 devices in his cell) the number of successes is suspected to be substantial.

DJI, the largest producer of hobby drones suggests Geofencing—programming “no fly” coordinates into UAV flight control software—as the best means to prevent the problem.  To that end, the company Noflyzone, Inc. has published a website where property owners can register their address to be added to a comprehensive airspace database provided to UAV companies for inclusion in their “no fly” programming.  However, the decreasing cost to build DIY drones and the availability of open source control software, suggests such measures will be a stop-gap at best.