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ALABAMA DEPARTMENT OF TRANSPORTATION AERONAUTICS BUREAU

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Title: ALABAMA DEPARTMENT OF TRANSPORTATION AERONAUTICS BUREAU


1
ALABAMA DEPARTMENT OF TRANSPORTATION AERONAUTICS
BUREAU
  • ALABAMA LEAGUE OF MUNICIPALITIES
  • 2016 Annual Conference
  • Huntsville, Alabama
  • May 16, 2016

2
MUNICIPAL REGULATION OFUNMANNED AERIAL SYSTEMS
(UAS)(THE DRONES ARE COMING)
  • PRESENTATION GOALS
  • INTRODUCTION TO THE WORLD OF DRONES
  • FEDERAL ROLE IN REGULATING DRONES
  • DRONE INDUSTRY PLANS/DEMANDS
  • ISSUES THAT MUST BE RESOLVED
  • STATE LOCAL EFFORTS TO REGULATE DRONES
  • THE LEGAL ARGUMENT FOR LOCAL DRONE LAWS
  • CHALLENGES AHEAD FOR MUNICIPAL OFFICIALS
  • WILL NOT FOCUS ON HOW CITIES CAN USE
    DRONES---TOPIC FOR ANOTHER DAY

3
UNMANNED AERIAL SYSTEMS DEVELOPMENT(A REALLY,
REALLY BRIEF HISTORY)
  • WHAT IS AN UNMANNED AERIAL SYSTEM (UAS)?
  • Initial drone RD began in the 1950s for the
    military
  • Essentially, anything that flies through the air
    without a pilot
  • Fixed wing and quadcopters
  • Can be flown autonomously or remotely guided
  • Widespread recent military use in the Mideast
  • Civilian sector applications have exploded due to
    technology and low cost
  • Utilized for a wide range of civil applications
  • Aerial mapping surveying (ALDOT is already
    testing/evaluating this use)
  • Structural inspections (power lines, buildings,
    off shore oil rigs, flare stacks, etc.)
  • Surveillance

4
SOME OTHER UAS APPLICATIONS
FILMING POWER LINE INSPECTION PRECISION
AGRICULTURE FLARE STACK INSPECTION
5
THE DRONE INDUSTRY TAKES OFF(Literally)
  • TECHNOLOGY AND COST HAVE MADE DRONES A HOT
    CONSUMER PRODUCT
  • SALES OF SMALL DRONES HAVE EXPLODED DUE TO HEAVY
    MARKETING (Simple and easy to fly)
  • MORE REGISTERED DRONES THAN LICENSED PILOTS
    (342,000 AS OF FEBRUARY 16)
  • COMMERCIAL USE OF DRONES GROWING EXPONENTIALLY

6
AND KEEPS CLIMBING
  • The FAA estimates purchases of drones by
    hobbyists will grow from 1.9 million this year to
    4.3 million sold annually by 2020
  • Sales of drones for commercial use are expected
    to increase from 600,000 this year to 2.7 million
    by 2020
  • Combined, drone sales are estimated at 2.5
    million this year, and expected to grow to 7
    million in 2020

7
Economic Impact Estimated at 82B with over
100,000 Jobs Created AUVSI, 2013
8
FEDERAL REGULATORY ROLE
  • FEDERAL POLICY REGULATAION HAS LAGGED DRONE
    TECHNOLOGY
  • THE FEDERAL AVIATION ADMINISTRATION HAS ULTIMATE
    AUTHORITY OVER AIRCRAFT AND MANAGING THE NATIONS
    AIRSPACE
  • DRONES ARE CONSIDERED AIRCRAFT BY FAA, AND THUS
    SUBJECT TO REGULATION
  • THE CURRENT PROCESS REQUIRES FAA TO AUTHORIZE
    DRONE OPERATIONS BASED ON WAIVERS AND EXEMPTIONS
    TO EXISTING FAA REGULATIONS
  • DRONE INDUSTRY/USER GROUPS PRESSING FOR MORE
    FEDERAL ACTION ON DRONE OPERATIONS
  • FAAS MAJOR CHALLENGE HOW TO SAFELY INTEGRATE
    DRONE FLIGHTS INTO THE NATIONS AIRSPACE SYSTEM
    (NAS)

9
THE NATIONAL AIRSPACE SYSTEM(IN A NUTSHELL)
  • 1956 GRAND CANYON MID-AIR COLLISION OF TWO
    AIRLINERS PROMPTED CONGRESS TO GRANT AUTHORITY TO
    FAA TO MANAGE NATIONS AIRSPACE
  • IN 1958 CONGRESS AUTHORIZED FAA TO REGULATE
    AIRSPACE USE, MANAGEMENT, SAFETY, AIR TRAFFIC
    CONTROL, NAVIGATION EFFICIENCY
  • AIR TRAFFIC CONTROL SYSTEM BASED ON PILOTED
    AIRCRAFT, RADAR CONTROL, TWO-WAY RADIO
    COMMUNICATION, SEE-AND-AVOID, ETC.
  • AS ORIGINALLY DESIGNED, THE CURRENT SYSTEM DID
    NOT ANTICIPATE UNMANNED AIRCRAFT
  • THE NAS CONSISTS OF A COMPLEX NETWORK OF AIRSPACE
    CLASSES, AIRWAYS, AIRPORTS NAVIGATIONAL AIDS

10
THE ILLUSTRATEDNATIONAL AIRSPACE SYSTEM
11
THE FAA ASSERTS ITS AUTHORITYOVER AIRSPACE
  • FAA DOES ASSERT ITS AUTHORITY OVER CONTROLLING
    THE NAVIGABLE AIRSPACE (December 17, 2015 Fact
    Sheet)
  • NAVIGABLE AIRSPACE HAS USUALLY BEEN CONSIDERED
    ANY ALTITUDE OVER 700 FEET ABOVE GROUND LEVEL
    (CONTROLLED AIRSPACE)
  • FAA PREEMPTION OF AIRSPACE MANAGEMENT BASED UPON
  • ESTABLISHING A CONSISTENT REGULATORY FRAMEWORK
    NATIONWIDE
  • PROMOTING HIGHEST LEVEL OF SAFETY FOR AIRCRAFT
    PASSENGERS PEOPLE ON THE GROUND

12
THE PROBLEM WITH DRONES
  • CURRENTLY, THERE IS NO ESTABLISHED INFRASTRUCTURE
    TO ENABLE SAFELY MANAGE THE WIDESPREAD USE OF
    LOW-ALTITUDE AIRSPACE AND UAS OPERATIONS,REGARDLES
    S OF THE TYPE OF UAS (says NASA)
  • A UAS TRAFFIC MANAGEMENT (UTM) SYSTEM FOR
    LOW-ALTITUDE AIRSPACE WILL BE NEEDED, PERHAPS
    LEVERAGING CONCEPTS FROM THE SYSTEM OF ROADS,
    LANES, STOP SIGNS, RULES AND LIGHTS THAT GOVERN
    VEHICLES ON THE GROUND TODAY, WHETHER THE
    VEHICLES ARE DRIVEN BY HUMANS OR ARE AUTOMATED
  • NASA RESEARCH FOCUSED ON DEVELOPING A TRAFFIC
    MANAGEMENT SYSTEM FOR DRONES

13
THE AIRSPACE MANAGEMENT CHALLENGECREATING A UAS
TRAFFIC MANAGEMENT SYSTEM
NASA's concept for a possible UTM system would
safely manage diverse UAS operations in the
airspace above buildings and below crewed
aircraft operations in suburban and urban areas.
This testing is scheduled through 2019 when it
will be turned over to FAA for further testing.
14
AMAZONS AIRSPACE MANAGEMENT PROPOSAL
15
WHAT THE AMAZON PLAN INCLUDES(THE DEVIL IS
ALWAYS IN THE DETAILS)
  • DIVIDE UP THE AIRSPACE BASED ON A DRONES MISSION
    CAPABILITIES
  • BELOW 200 FEET AGL, USE WILL BE DESIGNATED FOR
    LOW SPEED, LOCALIZED TRAFFIC (e.g., surveying,
    videos, inspections)
  • DRONES WITHOUT ADVANCED COLLISION-AVOIDANCE
    CAPABILITIES WOULD BE RESTRICTED TO BELOW 200
    FEET
  • BETWEEN 200 FEET 400 FEET AGL, MORE
    SOPHISTICATED DRONES WOULD BE ALLOWED TO OPERATE
  • AIRSPACE CONTROL WOULD BE BASED UPON INDUSTRY
    SELF-REGULATION
  • GOOGLE HAS ITS OWN PROPOSAL FACEBOOK WANTS TO
    FLY DRONES TOO

16
UNRESOLVED QUESTIONS
  • WHEN WILL INDUSTRY SENSE AVOID TECHNOLOGY BE
    DEMONSTRATED SAFE RELIABLE
  • HOW WILL FAA RESPOND TO INDUSTRY SELF REGULATION
  • WILL INDUSTRY BE REQUIRED TO PAY FOR THE USE OF
    THE AIRSPACE MUCH LIKE THE AIRLINES AND GENERAL
    AVIATION PAY FOR THE USE OF THE SKIES THEY FLY IN
  • WHAT WILL BE THE REGULATORY ROLE OF STATE LOCAL
    GOVERNMENTS

17
WHEN SHOULD STATE/LOCAL GOVERMENTS CONSULT
FAA(FROM THE FAA FACT SHEET)
  • WHEN CONSIDERING UAS RESTRICTIONS ON
  • FLIGHT ALTITUDES
  • FLIGHT PATHS
  • OPERATIONAL BANS
  • ANY REGULATION OF NAVIGABLE AIRSPACE
  • MANDATING EQUIPMENT OR TRAINING FOR UAS RELATED
    TO SAFETY
  • GEO-FENCING REQUIREMENTS, FOR EXAMPLE

18
WHEN CAN STATE/LOCAL GOVERNMENTS ACT TO REGULATE
DRONES(FROM THE FAA FACT SHEET)
  • LAWS TRADITIONALLY RELATED TO STATE LOCAL
    POLICE POWER, INCLUDING
  • LAND USE
  • ZONING
  • PRIVACY
  • TRESPASS
  • LAW ENFORCEMENT OPERATIONS
  • EXAMPLES Prohibitions on voyeurism, hunter
    harassment, warrantless searches/surveillance,
    etc.
  • CITIES CAN ENACT LOCAL LAWS REGULATING THE
    LOCATIONS WHERE DRONES CAN CANT TAKEOFF OR LAND

19
WHAT IS CONGRESS DOING ABOUT DRONES
  • 2012 CONGRESS AUTHORIZED FAA TO CREATE A PLAN
    FOR INTEGRATING DRONES INTO THE NATIONS AIRSPACE
    SYSTEM BY DECEMBER 2015
  • DEADLINE OF 2015 MISSED
  • CURRENT SESSION FAA BILL INCLUDES DRONE
    PROVISIONS
  • PROVISION TO ABSOLUTELY PROHIBIT ANY STATE/LOCAL
    DRONE LAWS
  • FEINSTEIN AMENDMENT PROPOSED TO PROTECT
    STATE/LOCAL DRONE AUTHORITY
  • DRONE SAFETY AND PRIVACY ISSUES INCLUDED
  • PILOT PROGRAM TO TEST/DEVELOP WAYS TO INTERCEPT
    OR SHUT DOWN DRONES IF THEY GET TO CLOSE TO
    AIRPORTS (ENHANCED GEOFENCING)
  • DRONE OPERATORS WOULD HAVE TO TAKE AN ON-LINE
    KNOWLEDGE TEST

20
FAAs FIRST STEPS
  • IMPLEMENTED WAIVER/EXEMPTION PROCESS FOR DRONE
    OPERATORS
  • PUBLISHED A SET OF PROPOSED sUAS RULES EXPECTED
    TO BE OUT IN JUNE 2016
  • THESE RULES ADDRESS CERTAIN OPERATIONAL LIMITS,
    OPERATOR TRAINING, UAS REQUIREMENTS MODEL
    AIRCRAFT
  • DOES NOT ADDRESS AIRSPACE CONTROL ISSUES
  • DRONE REGISTRATION REQUIREMENT IMPLEMENTED
    JANUARY 2016
  • MICRO-UAS (gt4.4 lbs.) RULES IN PROGRESS

21
THE REGULATORY CHALLENGE GOING FORWARD
  • FEDERAL PREEMPTION PREDICATED ON PILOTED
    AIRCRAFT, GROUND BASED RADAR, TWO-WAY RADIO
    COMMUNICATION, AIR TRAFFIC CONTROL COORDINATION,
    ETC.
  • AIRSPACE CONTROL NORMALLY BEGINS ABOVE 700 FEET
    AGL
  • DRONE PROLIFERATION AND INCREASING USE AT
    ULTRA-LOW ALTITUDES CHALLENGE THE NOTION OF
    FEDERAL PREEMPTION
  • WILL FAA HAVE THE RESOURCES TO EXTEND ITS CONTROL
    BELOW 700 FEET OR WILL CONTROL BE DELEGATED TO
    STATE/LOCAL GOVERNMENTS /OR PRIVATE ENTITIES
  • FAAS UNRESOLVED CHALLENGE SAFELY INTEGRATING
    DRONES INTO THE NATIONS AIRSPACE

22
THE CURRENT POLICY VACUUM
  • AMAZON GOOGLE PREDICT THAT COMMERCIAL DRONE
    OPERATIONS WILL INCREASE EXPONENTIALLY IN THE
    NEXT 10 YEARS
  • THE INDUSTRY ESTIMATES THAT 85,000 DRONE FLIGHTS
    UNDER 400 FEET OCCUR NOW EVERY DAY
  • THE TECHNOLOGY FOR INTEGRATING DRONES INTO THE
    ULTRA-LOW ALTITUDES IS STILL YEARS AWAY ACCORDING
    TO NASA FAA
  • THE INDUSTRY IS DEMANDING SELF REGULATION BASED
    ON COMPLEX, UNPROVEN TECHNOLOGY (but it is
    rapidly evolving)

23
WHAT ARE SOME STATES DOINGTO FILL THIS POLICY
VACUUM
  • MANY STATES HAVE ALREADY ENACTED LEGISLATION THAT
    RESTRICTS DRONE OPERATIONS
  • ACCORDING TO THE NATIONAL CONFERENCE OF STATE
    LEGISLATURES
  • AT LEAST 41 STATES HAVE CONSIDERED DRONE
    LEGISLATION IN THEIR 2016 SESSIONS ALONE
  • SEVEN STATES (ID, IN, OR, TN, UT, VA, WI) HAVE
    PASSED 10 PIECES OF LEGISLATION
  • OREGON HAS PROHIBITTED WEAPONIZED DRONES ALLOWS
    PROPERTY OWNER LAWSUITS FOR DRONE OVERFLIGHTS
  • TN PROHIBITS DRONE OPERATIONS W/IN 250 FEET OF
    CERTAIN CRITICAL INFRASTRUCTURE FACILTIES
    CRIMINALIZES LOW FLYING DRONES OVER PRIVATE
    PROPERTY
  • UTAH PROHIBITS WILDLIFE HARRASSMENT
  • THE LIST GOES ONAND ONAND ON

24
WHAT IS ALABAMA DOING
  • Governors Executive Order of January 23, 2015
    Designated ALDOT Aeronautics Bureau as the Lead
    Agency for all Unmanned Aerial Systems
  • Established an 8-member UAS Council composed of
    agency directors, legislative members, and an
    airport authority member
  • Initial Focus Prepare state agencies to operate
    sUAS aircraft (gt55 lbs.)
  • Legislation introduced in the 2016 Session but
    withdrawn by the sponsors
  • UAS Council will be forming a working group to
    draft comprehensive drone legislation for the
    2017 session (ALM will be invited to participate)

25
WHAT ARE MUNICIPALITIES DOING TO FILL THIS
POLICY VACUUM
  • MANY MUNICIPALITIES ARE CHALLENGING THE NOTION
    THAT FAA PREEMPTION IS ABSOLUTE IN MANAGING THE
    AIRSPACE
  • SOME EXAMPLES
  • PHOENIX / PARADISE VALLEY AZ Regulates the
    operation of drones
  • AUGUSTA GA Regulates the launching and
    operations of drones
  • CHARLOTTESVILLE VA Prohibits weaponized drones
  • MIAMI FLORIDA Regulates flying drones over
    crowds
  • KANNAPOLIS NC Prohibits launching drones from
    certain public property
  • SANTA CLARA CA No Drone Zones established by
    ordinance
  • THE LIST IS EXTENSIVE AND GROWING

26
LEGAL BASIS FOR STATE/LOCALREGULATION OF DRONES
  • UNITED STATES v. CAUSBY (SUPREME COURT, 1946)
    1st major case to analyze the airspace rights of
    land owners
  • INVOLVED A CHICKEN FARMER WHOSE LAND WAS NEXT TO
    A SMALL MUNICIPAL AIRPORT USED BY THE U.S.
    MILITARY
  • CAUSBYS CLAIM AIRCRAFT FLIGHTS (AS LOW AS
    67-83 FEET AGL) WERE KILLING HIS CHICKENS
    CONSTITUTED A 5TH AMENDMENT CLAIM TO A TAKING OF
    HIS PROPERTY
  • THE COURT RULED IN CAUSBYS FAVOR
  • JUSTICE Wm. DOUGLAS, WRITING FOR THE MAJORITY,
    DECLARED
  • A LANDOWNER OWNS AT LEAST AS MUCH OF THE SPACE
    ABOVE THE GROUND AS HE CAN OCCUPY OR USE IN
    CONNECTION WITH THE LAND.

27
LEGAL BASIS FOR STATE/LOCALREGULATION OF DRONES
  • THE COURT ALSO NOTED THAT THE FACTS OF CAUSBY
    INVOLVED FLIGHTS
  • SO LOW AND SO FREQUENT AS TO BE A DIRECT AND
    IMMEDIATE INTERFERENCE WITH THE
  • ENJOYMENT AND USE OF THE LAND.

28
LEGAL BASIS FOR STATE/LOCALREGULATION OF DRONES
  • SIGNIFICANCE OF CAUSBY
  • CREATED OR RECOGNIZED TWO TYPES OF AIRSPACE
  • THE PUBLIC, NAVIGABLE AIRSPACE, NOT SUBJECT TO
    LANDOWNER CONTROL
  • AIRSPACE BELOW THAT EXTENDING DOWNWARD TO THE
    SURFACE
  • RECOGNIZED A PROPERTY INTEREST IN AIRSPACE
    IMMEDIATELY ABOVE THE LAND, BUT
  • DID NOT DEFINE THE UPPER LIMIT OF THE ALTITUDE AT
    WHICH A PROPERTY INTEREST TERMINATES

29
LEGAL BASIS FOR STATE/LOCALREGULATION OF DRONES
  • BEFORE DRONES, ALTITUDES BELOW 500-700 FEET
    CONSIDERED UNCONTROLLED, OR NON-NAVIGABLE, EXCEPT
    FOR HELICOPTERS OR AIRCRAFT TAKEOFFS/LANDINGS
  • PROLIFERATION OF DRONES HAS NOW MADE THE
    ULTRA-LOW ALTITUDES NAVIGABLE, AND THUS,
    REQUIRING CONTROL
  • DRONES FLYING IN THESE ULTRA-LOW ALTITUDES
    CHALLENGE THE PROPERTY INTERESTS OF LANDOWNERS

30
LEGAL BASIS FOR STATE/LOCALREGULATION OF DRONES
  • WHAT ARE THE LEGAL SCHOLARS ARE SAYING WHEN IT
    COMES TO DRONES OPERATING IN TODAYS AIRSPACE
  • PROPERTY INTEREST LAWS AND REGULATIONS HAVE
    TRADITIONALLY BEEN LEFT UP TO THE STATES,
    COUNTIES CITIES
  • PROPERTY INTEREST DOCTRINE CAN BE USED TO BY
    CITIES AND STATES AS THE BASIS FOR LEGISLATING OR
    REGULATING DRONES
  • THE COMMONS REGIME THAT GOVERNS HIGH-ALTITUDE
    AIRSPACE ISTHE ANTITHESIS OF THE PRIVATE
    PROPERTY REGIME THAT APPLIES TO SURFACE LAND

31
LEGAL BASIS FOR STATE/LOCALREGULATION OF DRONES
  • WHAT THE LEGAL SCHOLARS ARE SAYING ABOUT DRONES
    OPERATING IN TODAYS AIRSPACE
  • STATE LOCAL GOVERNMENTS CAN ACT TO CLARIFY THE
    RIGHTS OF LANDOWNERS IN THE ULTRA-LOW ALTITUDES
  • BY INFERENCE, STATE AND LOCAL GOVERNMENTS CAN
    REGULATE DRONES OPERATING AT THOSE ALTITUDES THAT
    ENCROACH ON THE PROPERTY RIGHTS OF INDIVIDUALS
  • AS MUNICPALITIES PURSUE DRONE ORDINANCES THAT
    CHALLENGE FAA PREEMPTION, COURT CASES ARE SURE TO
    FOLLOW

32
CHALLENGES AHEAD FOR MUNICIPAL OFFICIALS
  • RECREATIONAL DRONE FLIGHTS WILL CONTINUE TO
    SKYROCKET
  • COMMERCIAL USE OF DRONES WILL GROW EXPONENTIALLY
  • MUNICIPAL LEADERS MUST BEGIN TO EDUCATE
    THEMSELVES ABOUT ALL FACETS OF DRONE TECHNOLOGY
    OPERATIONS
  • BECOME FAMILIAR WITH HOW TO RESPOND TO DRONE
    COMPLAINTS
  • EACH MUNICIPALITY MUST DECIDE IF WHEN TO
    REGULATE DRONES HOW THEY WILL BE REGULATED
  • ANTICIPATE PUBLIC DEMAND TO TAKE ACTION TO
    REGULATE DRONES
  • EXPECT THE DRONE INDUSTRY AND DRONE OPERATORS TO
    MAKE THEIR OWN DEMANDS (REGULATION WILL STIFLE
    THE INDUSTRY!)
  • BE PREPARED FOR LAWSUITS

33
A FEW FINAL THOUGHTS
  • DRONES ARE A DISRUPTIVE TRANSFORMATIVE
    TECHNOLOGY
  • EFFECT THIS TECHNOLOGY IS HAVING ON SOCIETY IS
    VERY SIMILAR TO THE AUTOMOBILES IMPACT ON EARLY
    20TH CENTURY SOCIETY so, weve been here
    before!
  • BIG QUESTION HOW DO WE INTEGRATE DRONES INTO
    SOCIETY
  • DRONES WILL CHALLENGE MUNICIPAL OFFICIALS TO
    BALANCE COMPETING DEMANDS (part of the job
    description!)

34
QUESTIONS, COMMENTS, DISCUSSION
35
FOR MORE INFORMATION(CALL YOUR LAWYER, OR )
  • JOHN C. EAGERTON IV, D.P.A.
  • CHIEF, AERONAUTICS BUREAU
  • ALABAMA DEPARTMENT OF TRANSPORTATION
  • 1409 COLISEUM BOULEVARD
  • MONTGOMERY, ALABAMA 36110
  • PHONE (334)242-6820
  • E-MAIL eagertonj_at_dot.state.al.us
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