Evolving Law on Airport Implications by Unmanned Aerial Systems (2017)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

64 Certificate of Waiver (COW) or Certificate of Authorization (COA) or (CoW). An FAA grant of approval for a specific UA operation.9 Civil aircraft. Aircraft other than public (Title 14 of the Code of Federal Regulations [14 C.F.R.] Part 101) aircraft.10 Command-control link. The systems supporting the exchange of information between the ground control station and the airframe of the flight con- trol systems.11 Control station. An interface used by the remote pilot to control the flight path of the small UA. The structure or system (ground, ship, or air-based) that controls the UAS and its interface to the aircraft and external systems.12 Cooperative aircraft. Aircraft that have an elec- tronic means of identification (i.e., a transponder Appendix A—Glossary of Terms Aerial photography. Undefined. One commenter to the FAA’s Notice of Proposed Rulemaking in 2015 asked the FAA to define the term aerial photography in the regulatory text. However, with the exception of operations involving the transportation of property, newly enacted 14 C.F.R. Part 107 does not contain any requirements specific to the use to which a small UAS is put. For example, a small UAS used for aerial photography will be subject to the same operating restrictions as a small UAS used for bridge inspec- tion, precision agriculture, or utility inspection. Because 14 C.F.R. Part 107 does not contain any requirements specific to aerial photography, no defi- nition of the term is necessary, according to the FAA.1 Aircraft. A device used or intended to be used for flight in the air.2 Airworthiness. The condition in which the UAS conforms to its type certification (or military equiva- lent) and in condition for safe operation.3 Autonomous. Not controlled by others or by outside forces; independent judgment.4 Autonomy. The quality of being autonomous; self-determination.5 Beyond visual line of sight (BVLOS). Flight crew members (i.e., remote pilot in command [PIC], the person manipulating the controls, and visual observer [VO], if used) are not capable of seeing the aircraft with vision unaided by any device other than corrective lenses (spectacles and contact lenses).6 Blanket COA. A COA issued to the proponent allow- ing small UAS (less than 55 pounds) operations during daytime VFR conditions at specific altitudes and out- side of certain distances from airports and heliports.7 Catastrophic. The loss of the UA, other aircraft, and/or loss of life.8 1 Operation and Certification of Small Unmanned Air- craft Systems, 81 Fed. Reg. 42,064, 42,086 (June 28, 2016). 2 fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, Vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.A. 3 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ A. See also fed. AViAtion Admin., flight stAndArds informAtion mAn- Agement system, Vol. 16, Unmanned Aircraft Systems, Ch. 1, § 2, ¶ 16-1-2-1.B. 4 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ D. 5 Id. at ¶ E. 6 fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, Vol. 16, Unmanned Aircraft Systems, Ch. 1, § 2, ¶ 16-1-2-1.D. 7 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ H.1. 8 Id. at ¶ G. 9 Id. at ¶ H. 10 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ I. See also fed. AViAtion Admin., flight stAndArds informAtion mAn- Agement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.G. 11 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ J. 12 14 C.F.R. § 107.3. The FAA proposed to define a control station as “an interface used by the operator to control the flight path of the small unmanned aircraft.” Operation and Certification of Small Unmanned Aircraft Systems, 81 Fed. Reg. 42,064, 42,084 (June 28, 2016). The FAA explained that, unlike a manned aircraft, the interface that is used to control the flight path of a small unmanned aircraft remains outside of the aircraft. Id. The proposed definition was intended to clarify the interface that is considered part of a small UAS under 14 C.F.R., Pt. 107. Id. The link between the ground control station and the small unmanned aircraft is commonly referred to as the “command and control link” or “C2.” Id. When a communication link between the remote pilot and another person, such as a visual observer or an air traffic controller, is added to C2, it is referred to as “com- mand, control and communications” or “C3.” Id. C2 is an inherent requirement for safe operations, even if the small unmanned aircraft flight is completely autonomous (i.e., preprogrammed flight operations without further input from the remote pilot) because the remote pilot must be able to take direct command of the flight in order to exercise his or her responsibility for collision avoidance, yielding right of way to other aircraft, etc. Id. C3, on the other hand, is only needed if the remote pilot is using the ground control station to communicate with another person directly involved in the operation, such as a visual observer. Id. Because current drone regulations do not require multiperson operations, the definition of a ground control station does not include the requirement for a communications link. Id. Further- more, as technology advances, the concept and use of C2 and C3 could change significantly. Id. The FAA thus believes that initially omitting a rigid regulatory definition of these terms in its drone rules will allow them to evolve as technol- ogy changes. Id. See also fed. AViAtion Admin., flight stAn- dArds informAtion mAnAgement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.I.

65 Lost link procedures. Preprogrammed or predeter- mined mitigations to ensure the continued safe oper- ations of the UA in the event of lost link. In the event positive link cannot be achieved, flight termination must be implemented.18 Model aircraft. A UA that is (1) capable of sustained flight in the atmosphere, (2) flown within VLOS of the person operating the aircraft, and (3) flown exclu- sively for hobby or recreational purposes.19 NAS. National Airspace System.20 Nationwide community-based organization. In part, a “membership based association that repre- sents the aeromodeling community within the United States; [and] provides its members a comprehensive set of safety guidelines that underscores safe aero- modeling operations within the NAS and the protec- tion and safety of the general public on the ground.” 21 Noncooperative aircraft. Aircraft that do not have an electronic means of identification (e.g., a tran- sponder) aboard or that have inoperative equipment because of malfunction or deliberate action.22 Observer. A trained person who assists a UAS pilot in the duties associated with collision avoidance and navigational awareness.23 Off-airport. Any location used to launch or recover aircraft that is not considered an airport (e.g., an open field).24 Optionally piloted aircraft (OPA). A manned air- craft that can be controlled by a remote pilot from a location not onboard the aircraft. An aircraft having UAS technology and retains the capability of being flown by a Pilot Onboard (PO) using conventional control methods.25 or Automatic Dependent Surveillance—Broadcast (ADS-B) transceiver) in operation on board.13 Flyaway. An interruption or loss of the control link, or when the pilot is unable to effect control of the aircraft and as a result, the UA is not operating in a predictable or planned manner because lost link procedures are not established or are not being executed by the UA.14 Indirect control. The capability of a remote pilot to affect the trajectory of the aircraft through computer input to an onboard flight control system. An exam- ple of an indirect control would be the entry of a navi- gational fix or waypoint on a remote system that, in turn, uploads this information to an onboard flight control computer. The flight control computer then computes the flight control inputs to achieve a flight path to the uploaded waypoint. The onboard system controls the flight control surfaces.15 Internal pilot. A UAS pilot who flies from inside a control station without direct visual contact with the aircraft. Line-of-sight. A method of control and collision avoid- ance that refers to the pilot or observer directly view- ing the unmanned aerial vehicle with human eyesight. Corrective lenses (i.e., spectacles or contact lenses) may be used by the pilot or visual observer. Aids to vision, such a binoculars, field glasses, or telephoto television, may be employed as long as their field of view does not adversely affect the surveillance task.16 Lost link. The loss of command-and-control link contact with the remotely piloted aircraft such that the remote pilot can no longer manage the aircraft’s flight.17 13 fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.J. 14 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ O. See also fed. AViAtion Admin., flight stAndArds informAtion mAn- Agement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.T. 15 fed. AViAtion Admin., Order 8130.34, Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft, Aug. 2, 2013, app. F. See also fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.V. 16 Pub. L. No. 112-95 (2012), § 331(2), www.faa.gov/uas/ media/Sec_331_336_UAS.pdf. 17 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS) Lost Link), N JO 7110.724 (cancellation date Apr. 27, 2017), at https://www.faa.gov/documentLibrary/media/ Notice/N_JO_7110.724_5-2-9_UAS_Lost_Link_2.pdf. See also fed. AViAtion Admin., Unmanned Aircraft Operations in the National Airspace System (NAS), N JO 7210.889 (can- cellation date Oct. 26, 2016), ¶ 15(p) (“There are two types of link: (1) up link—transmits command instructions to the aircraft, and (2) down link—transmits the status of the air- craft and provides situational awareness to the pilot”). 18 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ R. See also fed. AViAtion Admin., flight stAndArds informAtion mAn- Agement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.Y. 19 See fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ S. See also fed. AViAtion Admin., flight stAndArds informAtion mAn- Agement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.Z. 20 Id. at fig. 16-1-2A. 21 Id. at ¶ 16-1-2-1.AA. 22 Id. at ¶ 16-1-2-1.BB. 23 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ T. 24 fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, Vol. 16, Unmanned Aircraft Sys- tems, ch. 1, § 2, ¶ 16-1-2-1.CC. 25 Id. at ¶ DD.

66 Segregation. Setting apart from other air traffic operations in the NAS. Segregation is not synony- mous with required air traffic separation stan- dards. Therefore, segregation does not prescribe or mandate criteria such as vertical, lateral, or longi- tudinal distances.31 Sense and avoid capability. The capability of an unmanned aircraft to remain a safe distance from and to avoid collisions with other airborne aircraft.32 Small unmanned aircraft. An unmanned aircraft weighing less than 55 pounds on takeoff, including everything that is onboard or otherwise attached to the aircraft.33 Small unmanned aircraft system (sUAS). A small unmanned aircraft and its associated ele- ments (including communication links and the com- ponents that control the small unmanned aircraft) that are required for its safe and efficient operation Person manipulating the controls. A person who is controlling an sUAS under the direct supervision of a remote PIC.26 Proponent. The person or organization responsible for the COA and operation of the UA.27 Public aircraft. An aircraft operated by a govern- mental entity (including federal, state, or local gov- ernments, and the U.S. Department of Defense (DOD) and its military branches) for certain pur- poses as described in 49 U.S.C. §§ 40102(a)(41) and 40125. Public aircraft status is determined on an operation-by-operation basis. Public operator. An operator who is classified as government and/or otherwise qualifies for public air- craft operation under 49 U.S.C. §§ 40102(a)(41) and 40125. Not all flights by a public aircraft operator qualify as a public aircraft operation under the stat- ute. Public aircraft operation status is not automatic for flights conducted by a government entity or a con- tractor to a government entity. Remote pilot in command. A new crew member position under 14 C.F.R. Part 107. The remote pilot in command is a certificated airman who has the final authority and responsibility for the operation and safety of a small UAS.28 A person who holds a remote pilot certificate with an sUAS rating and has the final authority and responsibility for the opera- tion and safety of an sUAS operation conducted under 14 C.F.R. Part 107. Safety evaluation. A comprehensive review of an applicant’s UAS, OPA, or OPA/UAS and all associ- ated elements of the system. The applicant is expected to provide any and all information neces- sary to allow the FAA to objectively determine if the aircraft can be safely operated in the NAS. The form of this review is a presentation by the applicant to the FAA. The safety evaluation is a formal review of the information contained in the safety checklist and is performed at the discretion of the FAA.29 Safety risk management (SRM). A formalized, proactive approach to system safety. SRM is a meth- odology that ensures hazards are identified; risks are analyzed, assessed, and prioritized; and results are documented for decision-makers to transfer, elimi- nate, accept, or mitigate risk.30 26 Id. at ¶ EE. 27 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ U. 28 14 C.F.R. §107.19. 29 fed. AViAtion Admin., Order 8130.34, Airworthiness Certification of Unmanned Aircraft Systems and Option- ally Piloted Aircraft, Aug. 2, 2013, app. F. 30 See fed. AViAtion Admin., flight stAndArds informA- tion mAnAgement system, vol. 16, Unmanned Aircraft Sys- tems, ch. 1, § 2, ¶ 16-1-2-1.HH. 31 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ W. 32 Pub. L. No. 112-95 (2012), § 331(5), www.faa.gov/uas/ media/Sec_331_336_UAS.pdf. 33 14 C.F.R. § 107.3. See also Pub. L. No. 112-95 (2012), § 331(6), www.faa.gov/uas/media/Sec_331_336_UAS.pdf (“An unmanned aircraft weighing less than 55 pounds.”). In 2015, the FAA initially proposed to define “small unmanned aircraft” as “an unmanned aircraft weighing less than 55 pounds including everything that is on board the aircraft.” Operation and Certification of Small Unmanned Aircraft Systems, 81 Fed. Reg. 42,064, 42,085 (June 28, 2016). The FAA noted that Public Law 112-95, Section 331(6) defines a small unmanned aircraft as “an unmanned aircraft weighing less than 55 pounds.” Id. However, this statutory definition did not specify whether the 55-pound weight limit refers to the total weight of the aircraft at the time of takeoff (which would encompass the weight of the aircraft and any payload on board) or simply the weight of an empty aircraft. Id. The FAA’s 2015 notice of proposed rulemaking thus presented a def- inition of small unmanned aircraft that used total takeoff weight because heavier aircraft generally pose greater amounts of public risk in the event of an accident, because they can do more damage to people and property on the ground. Id. In evaluating this type of risk for a small UAS, it is the total mass of the small unmanned aircraft that is important; the manner in which that mass is achieved is irrelevant, according to the FAA. Id. In other words, a 50-pound unmanned aircraft carrying 30 pounds of payload does not pose a smaller risk than an 80-pound unmanned aircraft that is not carrying any payload. Id. As such, the FAA’s final drone rules—under 14 C.F.R. Part 107—retain the proposed inclusion of everything onboard the aircraft in the 55-pound weight limit of a small unmanned aircraft. Id. Further, the FAA noted that Part 107 and its initial definition of “small unmanned air- craft” is merely one step of UAS integration into the NAS. Id. The FAA anticipates that future rulemakings will integrate larger UAS into the NAS and thus enable addi- tional commercial opportunities. Id.

67 Unmanned aircraft (UA). An aircraft operated without the possibility of direct human intervention from within or on the aircraft.39 Unmanned aircraft system (UAS). A UA and its associated elements (including communication links and the components that control the UA) that are required for the remote PIC to operate safely and efficiently in the NAS.40 Visual line of sight (VLOS). Means that any flight crew member (i.e., remote PIC, the person manipu- lating the controls, and visual observer, if used) is capable of seeing the aircraft with vision unaided by any device other than corrective lenses, spectacles or contact lenses in order to know the UA’s location, determine the UA’s attitude, altitude, and direction of flight, observe the airspace for other air traffic or hazards, and determine that the UA does not endan- ger the life or property of another.41 in the NAS (including launch and recovery systems and equipment).34 Special Government Issue (SGI) Addendum. A document issued to accommodate real-time applica- tion requests that will directly support emergency and law enforcement-type operations.35 Support equipment. All associated equipment, whether ground based or airborne, used to enable safe operation of the unmanned aircraft. This includes all elements of the control station, data links, telemetry, navigation, communications equip- ment, and equipment that may be used to launch and recover the aircraft.36 Swarm. An operation of more than one UA in which all UAs operate in unison to commands from one PIC, who controls them all through a common link.37 Tethered/moored UAS. A UA that is attached to a permanently fixed point (moored) or to a mobile platform (i.e., boat, trailer, auto, or other mobile asset: tethered) that allows the UA to operate in a confined altitude, radius, or both at the direction of the PIC.38 34 14 C.F.R. § 107.3. The 2015 FAA Notice of Proposed Rulemaking offered a definition of “small unmanned air- craft system” as “a small unmanned aircraft and its associ- ated elements (including communication links and the com- ponents that control the small unmanned aircraft) that are required for the safe and efficient operation of the small unmanned aircraft in the national airspace system.” Opera- tion and Certification of Small Unmanned Aircraft Systems, 81 Fed. Reg. 42,064, 42,086 (June 28, 2016). The proposal explained that this definition would be similar to the statu- tory definition of UAS specified in Public Law 112-95, Sec- tion 331(9), except that it does not include a “pilot in com- mand” reference that appears in the statute. Id. The FAA did not include the “pilot in command” reference in the pro- posed definition of small UAS because that position did not exist under the proposal. Id. See also fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.KK. 35 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ Z. 36 fed. AViAtion Admin., Order 8130.34, AirWorthiness CertifiCAtion of unmAnned AirCrAft systems And option- Ally piloted AirCrAft, Aug. 2, 2013, app. F. 37 fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7, ¶ X. 38 Id. at ¶ AA. 39 14 C.F.R. § 107.3. The FAA’s proposed drone rules defined unmanned aircraft as “an aircraft operated without the possibility of direct human intervention from within or on the aircraft,” codifying the statutory definition of unmanned aircraft specified in Public Law 112-95, Section 331(8). Operation and Certification of Small Unmanned Aircraft Systems, 81 Fed. Reg. 42,064, 42,085 (June 28, 2016). One industry stakeholder argued that this definition needed clarification because the current definition leaves open the possibility that paper airplanes, model airplanes, model rockets, and toys could be considered unmanned air- craft. Id. The Permanent Editorial Board of the Aviators Model Code of Conduct Initiative stated that this definition and the definition of small unmanned aircraft may permit infant passengers and asked the FAA to amend the defini- tion to categorically prohibit the carriage of passengers on an unmanned aircraft. Id. In any case, the FAA noted that 14 C.F.R. Part 107 will not apply to operations governed by part 101. Id. Those operations include model aircraft, moored balloons, kites, amateur rockets, and unmanned free balloons. Id. With regard to carriage of infants on small unmanned aircraft, this concern is addressed by other pro- visions in the FAA’s rules prohibiting careless or reckless operations that endanger the life of another person. Id. 40 fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.OO. See also fed. AViAtion Admin., Unmanned Aircraft Systems (UAS), Order JO 7200.23 (Oct. 3, 2016), ch. 7 (“An unmanned aircraft and associated ele- ments (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.”). 41 fed. AViAtion Admin., flight stAndArds informAtion mAnAgement system, vol. 16, Unmanned Aircraft Systems, ch. 1, § 2, ¶ 16-1-2-1.RR.