A coalition of 14 commercial drone associations and other groups is urging Congress to hold off on any legislation giving state and local governments regulatory power over drones before the Federal Aviation Administration's Drone Advisory Committee (DAC) issues a report and recommendations on the matter. An Association for Unmanned Vehicle Systems International (AUVSI) news release Friday alluded to recent legislation (S-1272) introduced by Sens. Richard Blumenthal, D-Conn.; Tom Cotton, R-Ark.; Dianne Feinstein, D-Calif.; and Mike Lee, R-Utah, that would protect state, local and tribal governments' authority over the use of recreational and commercial drones. Most commercial drone operators want the FAA to regulate drone usage in the national airspace (see 1610130040 and 1609160003). "Legislating changes before consensus is reached may have dramatic unintended consequences that could stifle innovation, restrict economic growth and interstate commerce, and potentially compromise safety," said the coalition in a Thursday letter signed by AUVSI, the Commercial Drone Alliance, CTA, Drone Manufacturers Alliance, the Small UAV Coalition and others. DAC needs to evaluate the role of state and local governments in regulating drone operations (see 1705220035) and an agreed-upon framework is "essential for the future regulatory system," the letter said. It added the advisory committee is expected to issue a report this year on the subject.
Transportation Secretary Elaine Chao will testify Wednesday about Federal Aviation Administration reauthorization due by Sept. 30, said the Senate Commerce Committee in a news release. Safe integration of drones into the national airspace has been a large part of the agency's focus recently (see 1705110060). The 10 a.m. hearing will be in 253 Russell.
A federal appeals court struck down a Federal Aviation Administration requirement that recreational drone users register their model aircraft, ruling that the agency lacks the statutory authority to impose that mandate. In its Friday opinion (in Pacer), a three-judge panel with the U.S. Court of Appeals for the D.C. Circuit sided with hobbyist John Taylor. Judge Brett Kavanaugh wrote in the opinion that the 2012 FAA Modernization and Reform Act says the agency "'may not promulgate any rule or regulation regarding a model aircraft,' yet the FAA’s 2015 Registration Rule is a 'rule or regulation regarding a model aircraft.' Statutory interpretation does not get much simpler. The Registration Rule is unlawful as applied to model aircraft." In a statement, the FAA said it's "carefully reviewing" the decision and considering options. "The FAA put registration and operational regulations in place to ensure that drones are operated in a way that is safe and does not pose security and privacy threats," said the agency. Association for Unmanned Vehicle Systems International CEO Brian Wynne said in a statement his group is "disappointed" with the decision. The registration system is needed "to promote accountability and responsibility by users of the national airspace, and helps create a culture of safety that deters careless and reckless behavior," he said. In December 2015, the FAA created a system that required owners of small drones to pay a $5 registration fee (see 1512140019).
Ligado Networks and Harris plan joint technology demonstrations of beyond visual line-of-sight operations (BVLOS) for unmanned aircraft systems (UAS), Ligado said in a news release Thursday. The work comes as Harris earlier this year announced it received a grant from the North Dakota Centers of Excellence Commission to develop technology to enable UAS BVLOS operations and as Ligado has been demonstrating UAS BVLOS applications that use its network capabilities.
Enhanced U.S. border security, especially the use of drones equipped with facial recognition technology, will put "U.S. citizens living on the border under ceaseless surveillance by the government," wrote the Electronic Privacy Information Center (EPIC) in a Wednesday letter to leaders of the House Oversight Subcommittee on National Security. EPIC asked the letter be entered into the record of the subcommittee's hearing Thursday on the issue of a border wall, saying the committee should "exercise great care" that people's rights are preserved when seeking a compromise on the wall. The privacy group said enhanced border surveillance most likely will "sweep up" people's personal data. It said the government needs to assess privacy implications, develop new policy and procedures and provide independent oversight to protect people's rights, all of which should be made public. EPIC said drones will become a "powerful surveillance tool" because they're inexpensive and efficient, and cheap storage allows surveillance data to be maintained in repositories. EPIC also asked the government codify drone privacy best practices released by the Department of Homeland Security in 2015. The letter was addressed to subcommittee Chairman Ron DeSantis, R-Fla., and ranking member Stephen Lynch, D-Mass. In a separate matter, EPIC sued the Federal Aviation Administration in August, saying the agency failed to develop drone privacy rules (see 1702280006 and 1608260020).
The Federal Aviation Administration will release the first set of informational maps April 27, aimed at speeding drone operators' applications to get controlled access to airspace near airports, said the agency in a Monday news release. The FAA said the "facility maps" will help remote pilots customize requests "to align with locations and altitudes that the maps indicate are likely to be approved for small [unmanned aircraft systems] operations." The maps don't guarantee approval for a request, but could help simplify the process and improve an application's chances, said the FAA. The first set will contain about 200 maps, with more planned for release over the next year, it said.
Citing national security, the Federal Aviation Administration will restrict unauthorized drone flights over 133 military facilities in the U.S. starting April 14, the agency said in a Friday news release. "This is the first time the agency has instituted airspace restrictions that specifically apply" to drones, which can fly only "up to 400 feet within the lateral boundaries" of the military facilities, the FAA said. The restrictions have a few exceptions and violators may be subject to civil penalties or criminal charges, the agency said. It created an interactive online map that shows the restrictions, which will be also available on its mobile app. The agency said Transportation Secretary Elaine Chao is evaluating options to implement a process that will accept petitions to bar or restrict drone flights over critical infrastructure and other facilities.
The Senate Commerce Committee's Wednesday hearing on drones will be "an opportunity to receive an update on the [Federal Aviation Administration's] progress on the Congressional mandates from 2012 and 2016," Chairman John Thune, R-S.D., will say, according to an excerpt of his opening remarks provided by the committee. "We will examine the successes and the challenges the FAA has faced in the effort to safely integrate drones into the national airspace.” The hearing will feature witnesses from the FAA and industry, including Diana Marina Cooper, vice president-legal and policy affairs with drone company PrecisionHawk. In her prepared testimony emailed by the company, she says the FAA should provide more waivers for testing aircraft beyond the visual line of sight or over people. Cooper, who also is president of the Small UAV Coalition, plans to say expanding and accelerating such operations will help spur innovation and economic growth. PrecisionHawk has been testing extended visual line of sight operations and it's focusing on creating a safety case to mitigate risks, she adds. The FAA was expected to issue proposed regulations for drone flights over people by the end of December, but may have been delayed, in part, by the Trump administration's regulatory freeze (see 1701250027). Proposed rules for beyond visual line of sight are expected later this year. Meanwhile, the Electronic Privacy Information Center sent Thune and ranking member Bill Nelson, D-Fla., a letter Monday, urging them to ask the FAA why it hasn't developed drone privacy regulations despite being directed by Congress to do so. EPIC is suing the agency over the issue (see 1702280006), saying the FAA Modernization Act identified "privacy as an important issue to address" as part of a comprehensive plan to integrate drones into the national airspace.
The Senate Commerce Committee will examine the integration of drones into the national airspace, including practical applications and economic, privacy and safety issues, at a Wednesday hearing, said a committee news release. Witnesses include: Earl Lawrence, Federal Aviation Administration director-Office of Unmanned Aircraft Systems; Diana Marina Cooper, PrecisionHawk vice president-legal and policy affairs; DJI's Brendan Schulman, vice president-policy and legal affairs; and Hoover Institution visiting fellow John Villasenor. The 10 a.m. hearing will be in 106 Dirksen.
Despite Federal Aviation Administration conclusions that a comprehensive plan to safely integrate drones into the national airspace must address privacy concerns, the Electronic Privacy Information Center said the FAA "failed" to consider privacy, in its opening 55-page brief of a lawsuit against the agency (see 1606210025). EPIC, which filed the August suit in the U.S. Court of Appeals for the District of Columbia Circuit (see 1608260020), said drones pose "unique" privacy threats since they can carry cameras, recording devices and other sophisticated capabilities that can capture people's personal information. The group said the order that excludes privacy issues should be vacated because the agency failed to determine, as required by the FAA Modernization Act, "whether the proposed small drone operations would 'create a hazard ... to the public' by enabling invasions of privacy and property." EPIC said the agency excluded privacy from the rulemaking based on a narrow interpretation of the term "hazard," and the decision to exclude privacy is against its own prior interpretations of its obligations. The FAA didn't comment Tuesday.