Using Drones to Support Infrastructure Asset Management
Using Drones to Support Infrastructure Asset Management Kevin M. Cookler, Esq. Lerman Senter PLLC April 26, 2016
© 2013 Utilities Telecom Council
May 5-8, 2015 | Atlanta, GA | www.utctelecom.org
Disclaimer • This presentation is not intended to create an attorney-client relationship. The information contained in this presentation is general and is not offered as legal advice. • You are strongly encouraged to consult with an attorney if you have specific questions.
2
Types of Unmanned Aircraft System Operations • Governmental • Commercial/Civil – Section 333 Exemption and civil Certificate of Waiver or Authorization (COA) – Special Airworthiness Certificate (SAC)
• Hobby/Model Aircraft – New online FAA registration system (effective 12/21/2015) 3
Unmanned Aircraft Systems: Oil and Gas Companies • Aerial mapping and surveying • Detection of operational threats • Monitor shipping, pipeline, production and other operations • Inspection of communications towers • Emergency response • Delivery of supplies • Detection of gas leaks 4
Examples
5
Unmanned Aircraft System Laws and Rules • FAA 2007 Notice of Policy: Unmanned Aircraft Operations in National Airspace System – UAS for civil use must obtain FAA airworthiness certificate under experimental category and get airman certificate – Certificate may be issued in restricted category under 14 CFR 21.25(a) for specific purpose (e.g., patrolling pipelines, power lines)
• FAA Modernization and Reform Act of 2012 • FAA Small UAS Notice of Proposed Rulemaking (2/23/15 Federal Register, comments filed 4/24/15)
FAA Modernization and Reform Act of 2012 • Section 332: Requires FAA to develop plan for integration of civil unmanned aircraft systems into national airspace • Section 333: Get exemption before completion of final rules if UAS may operate safely in national airspace and obtain Certificate of Waiver or Authorization (COA) – Consider which types of UAS, as result of size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of national airspace or public or pose threat to national security – Consider whether a certificate of waiver, certificate of authorization, or airworthiness certification is required for UAS
Section 333 Exemptions • 3,927 Petitions Granted (as of 3/11/16) – Aerial Photography and Surveys – Real Estate – Agriculture – Construction – Film/Television and Newsgathering – Utilities – Telecommunications 8
Section 333 Exemptions • FAA will grant a blanket Certificate of Waiver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 Exemption • Allows flights anywhere except certain restricted airspace
• Pilot in Command (PIC) must hold airline transport, commercial, private, recreational, or sport pilot license. 9
Oil and Gas Section 333 Exemptions • Chevron UAS, Inc.: Aerial imaging for safety and monitoring of controlled access oil and gas facilities (2/13/15) • Marathon Petroleum Company: Aerial data collection at refineries, terminals, office buildings and other properties; aerial imaging to assist in rapid mitigation of emergencies (8/10/15 and 2/3/16) • Anadarko Petroleum Company: Aerial data acquisition for inspections of oil and gas pipelines, flare stacks, stock tank roofs and other critical infrastructure (2/17/16) • Numerous third party vendors
What to Include in Section 333 Exemption Petition • Intended UAS operation and how it will be safely conducted to minimize risk to national airspace or to persons or property • Procedures to ensure UAS is in condition for safe flight
• Radio frequency spectrum used for control • Qualifications of Pilot in Command (PIC)
• Proposed operating parameters • Specific FAA rules that require exemption
Conditions for Section 333 Exemptions Granted for Oil and Gas • • • •
• • • • •
Weighs less than 55 lbs Limited to 100 miles per hour (87 knots) No more than 400 feet AGL Must be operated within visual line of sight of Pilot in Command (PIC) Daytime operations only No operations within 5 nautical miles of airport reference point Conducted over private or controlled-access property with permission Other conditions regarding operating parameters Maintenance, inspection and recordkeeping requirements
FAA Small UAS Notice of Proposed Rulemaking • FAA has proposed rules to allow routine civil use of small UAS without airworthiness certification under new Part 107 of 14 CFR • Less than 55 lbs • Visual line-of-sight by operator or “visual observer” • Daylight-only operations • Max airspeed 100 mph (87 knots) and max altitude of 500 feet AGL • Minimum weather visibility of 3 miles from control station • Operator must pass test (every 2 yrs) and be vetted by TSA, obtain airmen certificate, 17 yrs old • Maintain UAS in condition for safe operation and aircraft markings required • Rules for “micro” UAS under 4.4 lbs
Privacy Concerns • Presidential Memorandum on safeguarding privacy, civil rights, and civil liberties in domestic use of UAS (2/15/15) • FAA will participate in multi-stakeholder engagement process to develop and communicate best practices for privacy, accountability, and transparency for commercial and private UAS use • State law and other legal protections for individual privacy may apply
FAA Enforcement • FAA levies $1.9MM fine against SkyPan International (10/16/15) – 65 unauthorized flights in restricted airspace – Lack of airworthiness certificate and no Certificate of Waiver or Authorization – Aircraft not equipped with two-way radio, transponder or altitude-reporting equipment
15
Next Steps • Finalize small UAS rules • FAA Rulemaking Committee to develop rules for “micro” UAS (less than 4.4 lbs.) • Online registration for commercial UAS • FAA working on technology to detect and identify “rogue drones” • New technology for sophisticated UAS
16
Questions and Answers • For additional information, please contact: Kevin M. Cookler, Esq. 202-416-6749 [email protected] Lerman Senter PLLC 2001 L Street, NW, Suite 400 Washington, DC 20036 www.lermansenter.com
© 2013 Utilities Telecom Council
May 5-8, 2015 | Atlanta, GA | www.utctelecom.org
Disclaimer • This presentation is not intended to create an attorney-client relationship. The information contained in this presentation is general and is not offered as legal advice. • You are strongly encouraged to consult with an attorney if you have specific questions.
2
Types of Unmanned Aircraft System Operations • Governmental • Commercial/Civil – Section 333 Exemption and civil Certificate of Waiver or Authorization (COA) – Special Airworthiness Certificate (SAC)
• Hobby/Model Aircraft – New online FAA registration system (effective 12/21/2015) 3
Unmanned Aircraft Systems: Oil and Gas Companies • Aerial mapping and surveying • Detection of operational threats • Monitor shipping, pipeline, production and other operations • Inspection of communications towers • Emergency response • Delivery of supplies • Detection of gas leaks 4
Examples
5
Unmanned Aircraft System Laws and Rules • FAA 2007 Notice of Policy: Unmanned Aircraft Operations in National Airspace System – UAS for civil use must obtain FAA airworthiness certificate under experimental category and get airman certificate – Certificate may be issued in restricted category under 14 CFR 21.25(a) for specific purpose (e.g., patrolling pipelines, power lines)
• FAA Modernization and Reform Act of 2012 • FAA Small UAS Notice of Proposed Rulemaking (2/23/15 Federal Register, comments filed 4/24/15)
FAA Modernization and Reform Act of 2012 • Section 332: Requires FAA to develop plan for integration of civil unmanned aircraft systems into national airspace • Section 333: Get exemption before completion of final rules if UAS may operate safely in national airspace and obtain Certificate of Waiver or Authorization (COA) – Consider which types of UAS, as result of size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of national airspace or public or pose threat to national security – Consider whether a certificate of waiver, certificate of authorization, or airworthiness certification is required for UAS
Section 333 Exemptions • 3,927 Petitions Granted (as of 3/11/16) – Aerial Photography and Surveys – Real Estate – Agriculture – Construction – Film/Television and Newsgathering – Utilities – Telecommunications 8
Section 333 Exemptions • FAA will grant a blanket Certificate of Waiver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 Exemption • Allows flights anywhere except certain restricted airspace
• Pilot in Command (PIC) must hold airline transport, commercial, private, recreational, or sport pilot license. 9
Oil and Gas Section 333 Exemptions • Chevron UAS, Inc.: Aerial imaging for safety and monitoring of controlled access oil and gas facilities (2/13/15) • Marathon Petroleum Company: Aerial data collection at refineries, terminals, office buildings and other properties; aerial imaging to assist in rapid mitigation of emergencies (8/10/15 and 2/3/16) • Anadarko Petroleum Company: Aerial data acquisition for inspections of oil and gas pipelines, flare stacks, stock tank roofs and other critical infrastructure (2/17/16) • Numerous third party vendors
What to Include in Section 333 Exemption Petition • Intended UAS operation and how it will be safely conducted to minimize risk to national airspace or to persons or property • Procedures to ensure UAS is in condition for safe flight
• Radio frequency spectrum used for control • Qualifications of Pilot in Command (PIC)
• Proposed operating parameters • Specific FAA rules that require exemption
Conditions for Section 333 Exemptions Granted for Oil and Gas • • • •
• • • • •
Weighs less than 55 lbs Limited to 100 miles per hour (87 knots) No more than 400 feet AGL Must be operated within visual line of sight of Pilot in Command (PIC) Daytime operations only No operations within 5 nautical miles of airport reference point Conducted over private or controlled-access property with permission Other conditions regarding operating parameters Maintenance, inspection and recordkeeping requirements
FAA Small UAS Notice of Proposed Rulemaking • FAA has proposed rules to allow routine civil use of small UAS without airworthiness certification under new Part 107 of 14 CFR • Less than 55 lbs • Visual line-of-sight by operator or “visual observer” • Daylight-only operations • Max airspeed 100 mph (87 knots) and max altitude of 500 feet AGL • Minimum weather visibility of 3 miles from control station • Operator must pass test (every 2 yrs) and be vetted by TSA, obtain airmen certificate, 17 yrs old • Maintain UAS in condition for safe operation and aircraft markings required • Rules for “micro” UAS under 4.4 lbs
Privacy Concerns • Presidential Memorandum on safeguarding privacy, civil rights, and civil liberties in domestic use of UAS (2/15/15) • FAA will participate in multi-stakeholder engagement process to develop and communicate best practices for privacy, accountability, and transparency for commercial and private UAS use • State law and other legal protections for individual privacy may apply
FAA Enforcement • FAA levies $1.9MM fine against SkyPan International (10/16/15) – 65 unauthorized flights in restricted airspace – Lack of airworthiness certificate and no Certificate of Waiver or Authorization – Aircraft not equipped with two-way radio, transponder or altitude-reporting equipment
15
Next Steps • Finalize small UAS rules • FAA Rulemaking Committee to develop rules for “micro” UAS (less than 4.4 lbs.) • Online registration for commercial UAS • FAA working on technology to detect and identify “rogue drones” • New technology for sophisticated UAS
16
Questions and Answers • For additional information, please contact: Kevin M. Cookler, Esq. 202-416-6749 [email protected] Lerman Senter PLLC 2001 L Street, NW, Suite 400 Washington, DC 20036 www.lermansenter.com
