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Commercial Use of UAS in the U.S.
AUVSI Unmanned Systems Conference
Presented by:Bill Janicki
Morrison Foerster LLP
Commercial Use of UAS
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Commercial Use of UAS
• UAS Diversity• Size, shape, performance, applications
• FAA Regulatory Structure• FAA Approval for Commercial Use
• Applications For Energy Companies
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UAS Diversity
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FAA Regulatory Structure
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FAA 2007 Policy Statement
• Clarifies “the FAA’s current policy concerning operations of unmanned aircraft[.]”
• “No person may operate a UAS in the National Airspace System without specific authority.”
• Civil UAS “may not be used for compensation or hire.”
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FAA Operational Authority
• Public Aircraft• Certificate of Waiver or Authorization
(COA)
• Civil Aircraft• Experimental Airworthiness Certificate• Research and development; crew training;
market surveys• Commercial use banned
• Model Aircraft• AC 91-57• 400 ft. AGL• 55 lbs. or less• Visual line of sight
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Enforcement of FAA Policy
• FAA Enforcement• Fines• Warning notices
• Challenges to FAA Authority• Pirker challenge to FAA penalty• Texas Equusearch challenge to FAA
cease and desist letter
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FAA Modernization Act of 2012
• FAA tasked with developing a plan for “safe integration” of UAS into the NAS
• Mandated that the FAA issue a final rule on integrating “small” UAS into the NAS by August 2014
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FAA Modernization Act of 2012
• Establish 6 UAS test sites
• Expand UAS use in the Arctic
• Provide exemption for UAS use shown to be safe
• Section 333 Exemption
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Commercial Use of UAS in the Arctic
• FAA Issued Restricted Category Type Certificates • Insitu ScanEagle X200• AeroVironment Puma
• Based Upon Prior Acceptance by US Military• Limited to Aerial Surveillance in Remote Artic Space• COA – required for specific operation
• ConocoPhillips• First commercial UAS operator using Insitu ScanEagle• September 12, 2013• Marine mammal and ice surveys over artic waters for environmental studies
• BP Exploration• First commercial UAS operator over land using AeroVironment Puma• June 8, 2014• Inspect pipelines and infrastructure
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FAA Approval for Commercial UseSection 333 Exemption
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FAA Approval Under Section 333
• Approval Before Required Rule Making• Requirements
• Determine UAS may operate safely in the NAS
• Considerations• Size• Weight• Speed• Operational capability• Proximity to airports and populated areas• Visual line of sight operation• National security
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FAA Approval Under Section 333
• Six Aerial Video Companies Approved For Television and Film UAS Operations
• September 25, 2014
• Astraeus Aerial • Aerial MOB, LLC
• HeliVideo Productions, LLC
• Pictorvision Inc
• Vortex Aerial• Snaproll Media, LLC
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FAA Approval Under Section 333
• Limitations • Comply with proprietary flight manuals• Operator with private pilot certificate• Within visual line of sight• Closed set filming area• No more than 400 feet• Day, VFR• FAA notification before flight
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Applications Under Section 333
• 57 Additional Applications – October 2014• Aerial Surveying• Aerial Photography• Utility Inspections• Flare Stack Inspections• Infrastructure Inspections• Agricultural Uses• Wildlife and Forestry Monitoring• Insurance Claims• On-demand Commercial UAS Operations
•AirRaid Aerials
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Applications Under Section 333
• Amazon Prime Air• Package Delivery System• Test outdoors near lab in Seattle
“One day, seeing Amazon Prime Air will be
as normal as seeing mail trucks on the road today”
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Other Approvals
• SDG&E: Special Airworthiness Certificate in
Experimental Category• InstantEye MK2• Approved by US Army Special Forces• Research, development, crew training• Limited to remote operating area• Aerial inspections and emergency response
• Section 333 Application Pending• Operations throughout service territory
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Commercial Use of UAS in the U.S.
AUVSI Unmanned Systems Conference
Presented by:Bill Janicki
Morrison Foerster LLP
This program will also look at the types of operations the FAA is considering for approval and the application process for companies who seek to use UAS for commercial purposes prior to official rule making activities by the FAA.
