drone regulatory talk by airware's jesse kallman at sf drone meetup

SF Drones Meetup – Regulatory TalkJesse Kallman, Global Business Development & Regulatory AffairsJuly 24th, 2014

CONFIDENTIAL AND PROPRIETARY

Any use of this material without specific permission of Unmanned Innovation, Inc. is strictly prohibited



Outline

• FAA Reauthorization and Reform Act 2012 components

• Progress to date

• Model aircraft specifics

• Pirker case

• Regulations abroad

• What can we be doing now



About Airware

• Founded in 2011 by industry veterans and researchers

• 50+ Employees; MS/PhDs from MIT, CalTech, Georgia Tech

• Headquartered in San Francisco, CA

• Backed by Kleiner Perkins, Google Ventures, Andreessen Horowitz

• Expertise in:• Robotics/AI

• Flight Controls

• Manufacturing

• Software Development

• Hardware Design

• Regulations/FAA Standards



Aerial Information Platform

Aerial Information Platform

Aircraft Sensors 3rd Party SWPayloads Compliance

Inspection Agriculture Survey Disaster Response



FAA Reauthorization Act of 2012

• Streamline Certificate of Authorization (COA) process• Permanent artic operational zones• Develop comprehensive UAS integration plan (JPDO)• 5 year roadmap (FAA)

Will focus more on:• 6 test sites• Enable exemptions before rule release (section 333)• Small UAS rule• Model aircraft rules



Carve Out for Model Aircraft



6 Test Sites

Will help the FAA answer key research questions and find solutions in:

• Sense and avoid

• Command and control

• Ground control station standards and human factors

• Airworthiness

• Lost link procedures

• Interface with the air traffic control system



sUAS Rule

• Under 55lbs

• LOS of Operator

• > 5 miles from an airport

• Daytime

• < 400 ft

• Over unpopulated areas

• Will incorporate ASTM standards

• Draft now due Nov 2014, then year+ for comments and final rule



ASTM Standards

• Design, construction, and test of sUAS

• Design of the C2 system

• Use of batteries

• Production acceptance

• Quality assurance

• Maintenance and continued airworthiness

• Aircraft flight manual



Standards Groups

• RTCA Special Committee 228• Detect and Avoid• Command and Control• Mainly for larger aircraft

• ASTM Committee F38• Feeding standards to FAA for sUAS

• Academy of Model Aeronautics (AMA)• Community based standards for hobby community



Section 333

• Exemptions can be granted for commercial operations before rules are final

• Several industries/companies are filing joint applications for exemptions:• Film industry• Precision agriculture• Pipeline/powerline inspections• Oil and gas

• Amazon recently filed for an exemption to conduct R&D, Trimble for commercial applications



Flying Today

• COAs• Limited to public entities (police, fire, state universities, etc.)• Can take 3-4 months to get• Limited to a specific location, vehicle, configuration• Over 300 issued

• Special Airworthiness Certificate (SAC) Restricted Category• 6 month + long process• Limited to a specific location, vehicle, configuration• Almost the same as manned aircraft certification• Aeroviornment Puma, Insitu ScanEagle, and now small quad for San Diego Gas & Electric



COAs & SAC

Tail NumberPermanent

Vehicle Tag –

software

versions,

registration

info, config

info…



DOT report on FAA UAS integration progress

• Detect and Avoid technologies – Claiming no mature technology suitable for sUAS. - FAA budget of $8.6M for 2014 for UAS research.

• Data link reliability – Integrity, stability, security – Lost link procedures• Aircraft certification requirements – minimum performance & design standards• Categorizing UAS – Need to define more specific groups• Operator training program• Framework for sharing & analyzing UAS safety data• UAS Operations management

• Stats: 300 COAs, 18 experimental certs, 2 restricted certs for over 100 aircraft types



Desired standards for UAS



Regulatory

• FAA Reauthorization and Reform Act 2012



• Dated June 9th 1981, is the first instance of rules for the model community

• AC is not law, more like a memo

• “encourages voluntary compliance with”• No populated areas

• No spectators until successful flight testing

• Below 400 ft

• Notify tower if operating within 3 miles

• Give right of way to manned aircraft

Advisory Circular 91-57



• Aircraft is flown for strictly hobby or recreational use

• Aircraft is operated in accordance with a community based set of safety guidelines (AMA)

• Not more than 55lbs unless certified by community based organization

• Aircraft does not interfere and gives way to manned aircraft

• If flown within 5 miles of an airport, operator must contact the tower

• Aircraft flown within VLOS

Model Aircraft Suggestions



Pirker Case

• Fined $10,000 for operating an aircraft in a careless or reckless manner (Part 91 Section 91.13 (a))

• Part 91 rules only apply to “aircraft” and “model aircraft” have been separate

• "[A]t the time of Respondent's model aircraft operation, as alleged herein, there was no enforceable FAA rule or FAR Regulation, applicable to model aircraft or for classifying model aircraft as an UAS (unmanned aircraft system),"



• Prefixing Model before Aircraft does not change the definition of aircraft, FAA has right to interpret the definition (cite case stating “judges ought to refrain from substituting their own interstitial lawmaking”)

• Seeking voluntary compliance in no way limits FAA to take action in the future

• FAA ultimately responsible for safety of the airspace, and for the safety of property and persons on the ground

Pirker Case – Appeal



• 49 U.S. Code § 40103 - Sovereignty and use of airspace

• “The United States Government has exclusive sovereignty of airspace of the United States.”

• “The Administrator of the Federal Aviation Administration shall develop plans and policy for the use of the navigable airspace….”

Pirker Case – Appeal



• Told to stop UAS activity around searching for missing people

• Notification was not an official “cease and desist” order so not valid for the court to rule

• This is now just an informal notification and not subject to any action

Texas EquuSearch Case



Special Rule For Model Aircraft

• Interpretation of the Special Rule For Model Aircraft released 6/23/2014, comments were to close tomorrow, now Sept. 23rd.

• Will become new enforceable law

• Essentially making case around 2012 reform act Section 336 that they can not create new rules specifically for model aircraft, but general rules for all aircraft can apply to the model community

• Runs through all current rules on the books and states an opinion

• Many additional restrictions and broad generalizations



Special Rule For Model Aircraft

• AMA Objections• In violation of 2012 reauthorization Section 336 which states “…FAA may not promulgate any rule regarding model aviation….”

• “Aircraft must be visible at all at times to the operator” Threatens operator/spotter set up, FPV flying

• Current law states within 5 miles of airport, operator must notify tower. Now states must seek permission and going against would endanger NAS safety.

• Imposes rules of different classes of airspace on modelers. Many operate now under AMA rules in Class B for example, would no longer be possible.

• States all sections of part 91 can now apply to model aircraft operations as deemed by the FAA.



French UAS Operational Scenarios



Austrian UAV regulations



Austrian UAV categories



Spanish UAV market situation



Thoughts

• Equally worried about too much regulation and not enough

• Everyone's equal responsibility to ensure safe operation

• Continued bad press gives FAA additional talking points

• Accident would set industry back years, ruin things for all of us responsible operators



Thoughts

What can we be doing?

• Push for near term low risk operations to be allowed (see French regulations)

• Look at differing risk profiles and basing standards there, not large lumped groups

• Continued education for new operators

• Group participation is key (ASTM, RTCA, AMA, FAA Direct….)



Questions?

Jesse Kallman

[email protected]

@JKallman85

mailto:[email protected]

drone regulatory talk by airware's jesse kallman at sf drone meetup

Technology

specific location

astm standards design

faa uas integration

suas rule

faa budget

test of suas design

faa reauthorization

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