Real ID Act

The FAA just issued new rules for small unmanned aircraft remote ID and flight over people.

New Rule on Remote ID of Unmanned Aircraft

There are three options for unmanned aircraft (UA): 1. Standard Remote ID with broadcast directly from the UA, 2. Remote ID Broadcast Module as a separate broadcast device on the UA, and 3. FAA-Recognized Identification Areas (FRIA) where UAs without Remote ID can fly.

Option 1: Standard Remote ID

  • Broadcasts remote ID messages directly from the UA via radio frequency broadcast (likely Wi-Fi or Bluetooth technology)
  • The broadcast will be compatible with existing personal wireless devices.
  • Standard Remote ID message includes:
    • UA ID (serial number of UA or session ID);
    • Latitude/longitude, altitude, and velocity of UA;
    • Latitude/longitude and altitude of the Control Station; 
    • Emergency status; 
    • A time mark.
  • Remote ID message will be available to most personal wireless devices within range of the UA’s broadcast.
  • However, correlating the serial number or session ID with the registration database will be limited to the FAA and can be made available to authorized law enforcement and national security personnel upon request.
  • The range of the remote ID broadcast may vary, as each UA must be designed to maximize the range at which the broadcast can be received.

Option 2: UA with Remote ID Broadcast Module

  • Broadcast Module may be a separate device that is attached to an unmanned aircraft, or a feature built into the aircraft.
  • Enables retrofit for existing UA, and Broadcast Module serial number must be entered into the registration record for the unmanned aircraft.
  • Broadcast Module Remote ID message includes:
    • Serial number of the module;
    • Latitude/longitude, altitude, and velocity of UA;
    • Latitude/longitude and altitude of the take-off location, and time mark.
    • UA remotely identifying with a Broadcast Module must be operated within visual line of sight at all times.
  • Broadcast Module to broadcast via radio frequency (Wi-Fi or Bluetooth).
  • Compatibility with personal wireless devices and range of the Remote ID Broadcast Module message similar to Standard Remote ID UA.

Option 3: FAA-Recognized Identification Areas (FRIA)

  • Geographic areas recognized by the FAA where unmanned aircraft not equipped with Remote ID are allowed to fly.
  • Organizations eligible to apply for the establishment of a FRIA include community-based organizations recognized by the Administrator, for example the Academy of Model Aeronautics. Additionally, primary and secondary educational institutions, trade schools, colleges, and universities may apply to establish a FRIA.
  • Must operate within visual line of sight and only within the boundaries of an FRIA.
  • The FAA will begin accepting applications for FRIAs 18 months after the effective date of the rule, and applications may be submitted at any time after that.
  • FRIA authorizations will be valid for 48 months, may be renewed, and may be terminated by the FAA for safety or security reasons.  

Design and Production Rules for Manufacturers

  • Most unmanned aircraft must be produced as Standard Remote ID Unmanned Aircraft and meet the requirements of this rule beginning 18 months after the effective date of the rule.
  • Remote ID Broadcast modules must be produced to meet the requirements of the rule before they can be used.
  • The final rule establishes minimum performance requirements describing the desired outcomes, goals, and results for remote identification without establishing a specific means or process.
  • A person designing or producing a standard UA or broadcast module must show that the UA or broadcast module met the performance requirements of the rule by following an FAA-accepted means of compliance.
  • Under the rule, anyone can create a means of compliance. However, the FAA must accept that means of compliance before it can be used for the design or production of any standard remote identification UA or remote identification broadcast module.
  • FAA encourages consensus standards bodies to develop means of compliance and submit them to the FAA for acceptance.
  • Highlights of Standard Remote ID UA Performance Requirements:
    • UA must self-test so UA cannot takeoff if Remote ID is not functioning
    • Remote ID cannot be disabled by the operator
    • Remote ID Broadcast must be sent over unlicensed Radio Frequency spectrum (receivable by personal wireless devices, ex: Wi-Fi or Bluetooth)
    • Standard Remote ID UA and Remote ID Broadcast Modules must be designed to maximize the range at which the broadcast can be received.  

Other Provisions in the Remote ID Final Rule

  • No Automatic Dependent Surveillance-Broadcast (ADS-B) Out or Air Traffic Control (ATC) Transponders
  • However, ADS-B Out & ATC transponder authorization is likely for large UAS operating in controlled airspace.
  • Operators can seek special authorization to operate UA without remote identification for the purpose of aeronautical research or to show compliance with regulations.
  • UA registered in a foreign country can be operated in the United States only if the operator files a notice of identification with the FAA.

Major Changes from Proposed Rule to Final Remote ID Rule

  • Network-based / Internet transmission requirements have been eliminated. The final rule contains Broadcast-only requirements. 
  • UAS operators under the Exception for Limited Recreational Operations may continue to register with the FAA once, rather than registering each aircraft. However, each Standard UA or Broadcast Module serial number must also be entered into the registration record for the unmanned aircraft.
  • “Limited Remote ID UAS” has been eliminated and replaced with Remote ID Broadcast Module requirements to enable existing UA to comply. 
  • Educational institutions may now apply for FRIAs as well as community-based organizations.

Final Rule on Operation of Small Unmanned Aircraft Systems Over People

The new rule allows routine operations over people and routine operations at night under certain circumstances! The rule will eliminate the need for those operations to receive individual Part 107 waivers from the FAA.

The final rule establishes four new categories of small unmanned aircraft for routine operations over people. It also allows for routine operations over moving vehicles.

Category 1

  • Eligible small unmanned aircraft must weigh less than 0.55 pounds and contain no exposed rotating parts that would lacerate human skin.
  • Operations over people:
    • No exposed rotating parts that would lacerate human skin.
    • Operation prohibited in sustained flight over open-air assemblies unless the operation meets the requirements for standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.

Category 2

  • Eligible small unmanned aircraft must not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object, 
  • Does not contain any exposed rotating parts that could lacerate human skin upon impact with a human being, 
  • Does not contain any safety defects. 
  • Requires FAA-accepted means of compliance and FAA-accepted declaration of compliance.
  • Operations over people:
    • No operation in sustained flight over open-air assemblies unless the operation meets the requirements for standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.
    • Requires means of compliance and declaration of compliance by the applicant.

Category 3 

  • Eligible small unmanned aircraft must not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object, 
  • Does not contain any exposed rotating parts that could lacerate human skin upon impact with a human being, 
  • Does not contain any safety defects. 
  • Requires FAA-accepted means of compliance and FAA-accepted declaration of compliance.
  • Operations over people:
    • No operation over open-air assemblies of human beings.
    • May only operate if one of the following conditions met:
      • The operation is within or over a closed- or restricted-access site and all human beings located within the site must be on notice that a small unmanned aircraft may fly over them
      • The UA does not maintain sustained flight over any human being unless that human being is directly participating in the operation of the small UA; or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.

Category 4 

  • Eligible small unmanned aircraft must have an airworthiness certificate issued under Part 21 of FAA regulations
  • Must be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. 
  • The operating limitations must not prohibit operations over human beings.
  • Must have maintenance, preventive maintenance, alterations, or inspections performed in accordance with specific requirements in the final rule.
  • Operations over people:
    • No sustained flight over open-air assemblies unless the operation meets the requirements of standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.

Operations at night 

  • Remote pilots in command must complete either the updated initial test or the updated recurrent online training.
  • The small UA must be equipped with operational anti-collision lights that can be seen for 3 statute miles and have a flash rate sufficient to avoid a collision. 

Operations over moving vehicles

  • Must be Category 1, Category 2, and Category 3, eligible to operate over people, may not maintain sustained flight over moving vehicles; transit operations only.
  • Throughout the operation, the small unmanned aircraft:
    • Must remain within or over a closed- or restricted-access site, and all human beings located inside a moving vehicle within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; 
    • Or must not maintain sustained flight over moving vehicles.
  • For a Category 4 operation, the small UA must
    • Have an airworthiness certificate issued under part 21.
    • Be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. 
    • The operating limitations must not prohibit operations over human beings located inside moving vehicles.

Remote Pilot knowledge test changes

  • The final rule updates the initial Remote Pilot knowledge test to include night subject areas. 
  • The final rule replaces the requirement to complete an in-person recurrent test every 24 calendar months. The updated requirement is for remote pilots to complete online recurrent training which will include night subject areas. 
  • The online recurrent training will be offered free of charge to remote pilots.  

Inspection, testing, and demonstration of compliance

  • A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system must:
    • Have in that person’s physical possession the remote pilot certificate with a small UAS rating and identification
    • Present his certificate and identification upon a request from the FAA, NTSB, TSA, or any Federal, state, or local law enforcement officer. Wow! It is very interesting that local police officers will now be able to ask a UA pilot for their credentials.
    • Make available, upon request, to the FAA any document, record, or report required to be kept under FAA regulations.
    • Upon request, must allow the FAA to test or inspect the small unmanned aircraft system, the remote pilot in command, the person manipulating the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to determine compliance with the rule.  

Design and Production Rules for Manufacturers

  • Some existing Category 1 small unmanned aircraft may meet the performance-based requirements to be eligible for Category 1 operations over people of this rule beginning the effective date of the rule (Those that have already been produced with propeller guards/shrouds that prevent the blades from causing laceration to human skin upon impact).
  • Manufacturers may bring to market retrofit propeller guards to install on existing small unmanned aircraft to make them eligible for Category 1 operations over people beginning after effective date of this rule.
  • Some existing small unmanned aircraft may meet the performance-based requirements to be eligible for Category 2 operations over people of this rule once FAA-accepted MOC and DOC are received.
  • Small unmanned aircraft may meet the performance-based requirements for Category 2 of this rule upon FAA-Accepted MOC/DOC 9-12 months after the effective date of this rule.
  • Small unmanned aircraft may meet the performance-based requirements for Category 3 of this rule upon FAA-Accepted MOC/DOC 9-12 months after the effective date of this rule.
  • Category 4 small unmanned aircraft for operations over people may receive an airworthiness certificate beginning 6-12 months after the effective date of this rule.  

Major Changes from Proposed Rule to Final Rule

  • Category 1 small unmanned aircraft cannot have any exposed rotating parts that would lacerate human skin.
  • Category 1, Category 2, and Category 4 [sic] remote pilots are prohibited from operating a small unmanned aircraft in sustained flight over open-air assemblies unless the operation meets the requirements of standard remote identification or remote identification broadcast modules established in the Remote ID Final Rule.
  • Added a Category 4 of small unmanned aircraft that may be eligible for operations over people and moving vehicles.
  • Allow operations over moving vehicles.
  • Remote pilot, owner, or person manipulating the controls must have in their physical possession and readily available their remote pilot certificate.

If you have questions about Remote I.D. and how to implement it to you organization then contact the Dunaway Law Group at 623-252-6884 or message us HERE.

FAA Partners with Law Enforcement

Goal of FAA Partnership with Local Law Enforcement Agencies:

The FAA values its partnerships with local law enforcement agencies). By working together, the LEAs can help protect the safety of people on airplanes and on the ground from unsafe and unauthorized unmanned aircraft systems (UAS). Local law enforcement are typically in the best position to acquire and make initial requests to identify and preserve electronic or video evidence, or obtain legal process for securing this evidence.

Often the FAA aviation safety inspectors–the agency’s personnel responsible for investigating unauthorized and/or unsafe activities are often unable to immediately travel to the location of an incident. Although the FAA retains the responsibility for enforcing the FAA’s regulations, local law enforcement agencies are integral in helping deter, detect, investigate, and, as appropriate, pursuing enforcement actions under their existing authorities to stop unauthorized UAS operations.

the faa’s primary focus is safety

FAA’s Primary Focus: While the FAA’s primary focus is on educating the public of aviation safety. However, the FAA will take civil administrative enforcement action against UAS pilots who operate in a careless or reckless manner so as to endanger life or property. The FAA recognizes LEAs are often in the best position to deter, detect, immediately investigate, and, as appropriate, pursue enforcement actions in response to unauthorized or unsafe UAS operators.

While the FAA must exercise caution not to mix criminal law enforcement with the FAA’s civil administrative safety enforcement function, the public interest is best served by coordinating and fostering mutual understanding and cooperation between governmental entities with enforcement responsibilities.

The increasing number of cases of unsafe and unauthorized operation of UAS is a serious concern for the FAA. The FAA relies on local law enforcement to help deter, detect, and investigate unauthorized and or unsafe UAS operations.

the faa’s safety mandate

FAA’s Safety Mandate: The FAA’s safety mandate is defined in 49 U.S.C. 40103 requires it to regulate aircraft operations conducted in the National Airspace System, which include UAS operations, to protect persons and property on the ground, and to prevent collisions between aircraft or between aircraft and other objects. In addition, 49 U.S.C. 44701(a) requires the agency to promote safe flight of civil aircraft in air commerce by prescribing, among other things, regulations and minimum standards for other practices, methods, and procedures the Administrator finds necessary for safety in air commerce and national security.

unmanned aircraft are still aircraft

An Unmanned Aircraft is Still an Aircraft: An unmanned aircraft is an “aircraft” as defined by the FAA and are therefore subject to regulation by the FAA. The FAA has promulgated regulations that apply to the operation of all aircraft, whether manned or unmanned, irrespective of the altitude at which the aircraft is operating. To further complicate matters, state and local governments are enacting their own laws regarding the operation of UAS, which may mean UAS operations may also violate state and local laws specific to UAS operations, as well as broadly applicable laws such as assault, criminal trespass, or injuries to persons or property.

While the FAA must exercise caution not to mix criminal law enforcement with the FAA civil administrative safety enforcement function, the public interest is best served by coordinating and fostering mutual understanding and cooperation between governmental entities with enforcement responsibilities.

d-r-o-n-e

D-R-O-N-E Law enforcement officials, first responders, and others can provide invaluable assistance to the FAA and deter unsafe and unauthorized UAS operations by taking the actions outlined in the acronym D-R-O-N-E.

Direct: Direct attention outward and upward, attempt to locate and identify individuals operating the UAS. Look at windows, balconies, and rooftops. Local law enforcement is in the best position to locate the suspected operator of the aircraft, and any participants or personnel supporting the operations.

Report: Report the incident to the FAA Regional Operations Center. Follow-up assistance can be attained through FAA Law Enforcement Assistance Program special agents. Immediate notification of an incident, accident, or other suspected violation to one in the FAA ROCs, located around the country, is invaluable to the timely initiation of the FAA investigation.

Observe: Observe the UAS while maintaining visibility of the device. Look for damaged property or injured individuals. Local law enforcement is in the best position to identify potential witnesses and conduct initial interviews, documenting what they observed while the event is still fresh in their minds. Additionally, capturing the names and contact information of witnesses to provide the FAA will also be extremely helpful.

Notice: Notice the features of the UAV. Look to identify the type of device, whether it is fixed wing or multi-rotor, its size, shape, color, what type of video equipment it may have, and the activity of the device. Pictures or video of the UAV’s poor behavior are helpful in determining the time of day and locations plus any damage or injuries that may have occurred.

Execute: Execute appropriate action. Follow your policies and procedures for handling an investigation and securing a safe environment for the public and first responders. It must be noted, any investigations conducted by local enforcement agencies should be in accordance with local and or state authorities, as the FAA’s statutes and regulations do not permit their as a basis for LEAs to conduct investigations.

summary

Summary: State and local officials are urged to use their governmental units legal resources, and their own management chain, to develop acceptable protocols for dealing with these instances. However, with appropriate data collection during first responses, and early reporting to the FAA, federal, state, and local agencies will be in the best position to collect and share information of interest to each jurisdiction.

If you are a first responder and have questions about starting a drone program then contact the Dunaway Law Group at 623-252-6884 or message us HERE.

Government Risk in Space

What is the American Government’s Risk Exposure to Private Space Launches?

Under the “Convention on the International liability for Damage Caused by Space Objects” (the “Convention”) the United States faces liability for damage caused by any “object” launched from American soil, even if launched by private entity.

The preamble to the Convention states:
Recognizing the need to elaborate effective international rules and procedures concerning liability for damage caused by space objects and to ensure, in particular, the prompt payment under the terms of this Convention of a full and equitable measure of compensation to victims of such damage,

Believing that the establishment of such rules and procedures will contribute to the strengthening of international co-operation in the field of the exploration and use of outer space for peaceful purposes.

space x rocket crashes
Space X SN9 exploded on impact during an attempted landing.

The pertinent Articles of the Convention state:
Article I. For the purposes of this Convention:
(c) The term “launching State” means: (ii) a state from whose territory or facility a space object is launched.

Article II.
A launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight.

Article VIII.
A State which suffers damage, or whose natural or juridical persons suffer damage, may present to a launching State a claim for compensation for such damage.

The plain language of the Convention makes it clear that the U.S. government is liable for damage caused by any object launched into space from its soil—even if the object was launched by a private entity!

In 1978 a faulty Soviet Union satellite prematurely reentered the atmosphere causing radioactive debris to scatter over northern Canada. This accident was an environmental disaster and required extensive cleanup that became known as Operation Morning Light. Canada billed the Soviet Union a little more than C$6M of which they eventually paid C$3 million.

Unintended Consequences

As the cost of launching objects into space decreases, the number of launches by private entities will continue to increase. For instance, there are dozens of small, privately held companies that have launched hundreds of satellites into space. Additionally, companies are preparing to launch civilians into space. As the number of launches increase, so do the odds of an accident for which the U.S. government would be responsible. I do not believe that signatories to the Convention intended to be liable for the actions of individuals who launched objects from their soil and so a change needs to be made. Private Unmanned Aviation Systems insurance should be required by the FAA.

Conclusion

This issue is relevant to every country in the world, whether they are launching objects into space or not and either a change needs to be made or a conscientious decision to take on the risk must be made.

Contact the Dunaway Law Group for help with your UAS needs at 623-252-6884 or message us HERE.

What is LAANC FAA

WHAT IS LAANC?

LAANC is a free resource for UAV pilots to obtain approval. LAANC gives other pilots the ability to see where drones are flying. Currently covers about 600 airports. Gives near real-time approval. Mostly addresses the issue of flight height without needing additional approval. 

  • Developed by FAA in partnership with the drone industry.
  • Allow drone pilots.
  • Gives air traffic professionals information of where drones are operating. 
  • Follow our social media as we will give notice of their updates. They are adding an additional 150 new airports this fall.

WHO CAN/MUST USE LAANC?

  • Professionals flying under FAA Part 107 and recreational pilots can use LAANC. 
  • Flying in controlled airspace. 
  • You should seek LAANC approval prior to every flight.
  • Further Coordination– If a professional drone pilot wishes to fly above the designated UASFM but below 400 feet they can request further coordination. 24 hours to process request. Up to the local air traffic manager in that location. If you apply for this within 24 hours of your scheduled flight then it will be automatically denied because it does not give them sufficient time to process the request. 

HOW DO YOU GET LAANC APPROVAL?

  • Through an app developed by an approved UAS Service Supplier (USS).
  • To see the current list of USSs, go to faa.gov/go/laanc
  • Via a mobile or desktop app.

 WHAT DATA SUPPORTS LAANCE? 

LAANCE pulls information from the following sources:

  • UAS Facility Maps
    • Identifies areas where authorization is required.
    • Shows controlled airspace:
  • Special Use Airspace
  • Stadium Data
  • National Security UAS Flight Restrictions
  • Notices to Airmen & Temporary Flight Restrictions
  • Airports & Airspace Boundaries

CONCLUSION of laance faa

Recreational drone pilots must register each of your flights prior to taking flight.

The technology of UAVs is moving forward so rapidly that the laws, rules, and regulations have not been able to keep-up. As a result, a patchwork of exemptions, waivers, and label modifications is currently required for a commercial entity to aerially apply pesticides via UAVs.

Setting up a drone program can be daunting and leave you frustrated. So don’t try and go it alone get help from the UAV law professionals at the Dunaway Law Group at 623-252-6884 or message us HERE.

See FAA Youtube channel to learn more.

FAA Part 107 Waivers

FAA Part 107 Waiver– The FAA predicts 835,000 commercial drones and 1.4 million recreational drones will be in use by 2023, significantly increasing the number of unmanned aircraft that will coexist with manned aircraft in the airspace.

As more drones crowd the sky, it becomes critical to follow the airspace rules and regulations for safe flight. But those rules and regulations depend on your mission. For example, recreational users looking to fly drones for fun have a shorter list of rules to follow. In a nutshell: Register your drone. Fly under 400 feet in uncontrolled airspace. Avoid controlled airspace near airports. And keep your done within line of sight. Easy enough.

On the other hand, the rules for commercial operators are a bit more complex. You’re required to become a certified drone pilot and follow the FAA’s Part 107 rules. But many commercial pilots need to fly in controlled airspace and operate outside of the Part 107 limitations to complete their missions. That’s where LAANC and Part 107 waivers come into the picture.

What is the FAA’s LAANC? Under Part 107, drone pilots planning to fly in controlled airspace near U.S. airports must get FAA permission via the Low Altitude Authorization and Notification Capability (aka LAANC). LAANC provides FAA authorization for drone pilots to access controlled airspace at or below 400 feet and gives air traffic professionals visibility into when and where drones are operating.

What is a Part 107 waiver, and do I need one? Keep in mind that LAANC is strictly for approving flights classified under the current Part 107 regulations. If your organization needs to operate drones outside of these regulations, a Part 107 waiver will be required. For example, some organizations may need to fly drones over people or fly drones beyond visual line of sight in order to complete their mission. Other organizations may need to fly above 400 feet or fly drones at night. If that’s the case, you’ll need to request a Part 107 waiver from the FAA.

How do I get approved for a Part 107 waiver? Organizations can request a Part 107 wavier via the FAA’s DroneZone application. When applying, include details about your operation, drone capabilities, and pilot experience. Also be prepared to explain how you’ll minimize risks when operating drones outside of the Part 107 regulations. Ultimately, the FAA wants to ensure you’re equipped to manage unforeseen circumstances in the airspace. They’ll be looking for details about the technology, training, equipment, and personnel you have in place to operate drones safely and securely for every flight.

How do I know I have the correct waivers? That’s difficult to do without the right partners. Dunaway Law Group stays up to date on the laws and in contact with our clients to make sure that they always have the most up to date information. Dunaway Law Group collects data the FAA shares airspace data to help drone operators stay compliant with regulations. This includes airport facility maps, airspace classifications, temporary flight restrictions (TFRs), and notices to airmen (NOTAMs).

However, there are several other factors drone operators need to consider for a safe and secure flight. These factors include weather conditions like wind, turbulence, and precipitation; location data like terrain, buildings, and roads; and vehicle data like battery life and maintenance requirements. Dunaway Law Group is using these data sources to help drone operators minimize risks and generate the optimal route every time. Our goal is to help UAV operators safely integrate all unmanned aircraft in the global airspace, which requires the most up to date information from trusted sources.

Then contact the drone lawyers at the Dunaway Law Group at 623-252-6884 or message us HERE.