Page 24 - 70843_NSAA_SummerJournal2016

NSAA'S NEW MARKETING not directly participating in the operation of the drone (the
AWARD CATEGORY:
BEST USE OF DRONES
FOR MARKETING
The FAA’s new rules on drones will dramat-
ically expand opportunities for ski area mar-
keting departments to develop innovative
uses of drones to advance a brand or rein-
force a marketing strategy. To recognize and
encourage these drone innovators, NSAA is
announcing a new category for its annual
National Marketing Awards: The Best Use of
Drones for Marketing.
This is an intentionally open-ended cat-
egory—the only requirement is that you
lawfully use a drone in some capacity for mar-
keting purposes. Breath-taking panoramic
shots, special events, guest engagement, aerial
banners, designated drone zones, viral videos,
whatevs…wherever your flight of fancy takes
you, so let your imagination (and drones)
soar! Simply develop a creative way to employ
drones for marketing your resort and build-
ing your brand, and submit your entry by
March 31, 2017.
Winners will be announced at the
NSAA National Convention & Tradeshow in
Scottsdale, Arizona, May 5–8, 2017.
QCAN BUSINESSES FLY DRONES
OVER PEOPLE?
APerhaps the most consequential regulation in the FAA’s new
rules is the agency’s restriction on flying drones over people. mercial operation of drones over people, and will likely serve
The FAA’s concern is that a mechanical failure of a drone
may cause it to crash or fall on a person who is within the
drone’s flight path. Under the new rules, drones may only be
operated over people who are under a structure or within a
stationary (i.e., not moving) covered vehicle.
The FAA has referred to flying drones over “open assem-
blies of people,” but technically these new rules gener-
ally prohibit the operation of drones over anyone who is
22 | NSAA JOURNAL | SUMMER 2016
remote pilot in command or visual observers assisting the
pilot). A similar FAA rule prohibits hobbyists and recre-
ational users from flying drones over people, based on com-
munity-based safety guidelines developed by the Academy of
Model Aeronautics (AMA).
However, the FAA stressed that this restriction may be
waived, so businesses may seek a specific waiver from the
FAA to operate drones over people on a case-by-case basis.
The FAA stated that it will grant waivers to fly over people if
the applicant establishes that the operation can be safely con-
ducted under terms of the proposed waiver.
What does this mean for ski areas? It means they either
will need to apply for a waiver from this provision with
well-considered safety practices, or—absent a waiver—
develop separate operational protocols that prevent drones
from flying over guests or on-mountain employees (such as
a designated flight path over trees or elsewhere that does not
operate directly over people). There is a very good chance
the FAA will grant ski areas waivers to operate drones over
guests and employees, but only under well-considered oper-
ational protocols and with drone technologies designed to
ensure guest and employee safety.
For example, the FAA has already granted a Section 333
exemption to Cape Productions. Cape Productions, which
is an NSAA member and sponsor, provides concession vid-
eography services at ski areas to film guests while skiing or
boarding on closed terrain set aside specifically for this ser-
vice (somewhat akin to an aerial SharpShooter service, but
far more innovative). In January, the FAA granted Cape
Productions the first authorization ever to commercially
operate drones over people outside the context of a closed-set
filming area for movies or television. The FAA’s approval of
this exemption provides a crucial roadmap for future com-
as the basis for ski areas to obtain FAA waivers for using
drones over guests and during special events.
For example, under Cape Production’s FAA approval,
skiers being filmed via drone must be briefed in advance on
the potential risks and consent to those risks. (There is no
FAA requirement to obtain waivers or releases from these
guests, but Cape nevertheless does so.) Cape must also notify
the local Flight Standards District Office (FSDO) 24 hours
in advance of operations, and must establish a “controlled
access environment” by using barriers or structures (such as
B-netting, orange fencing, roping, or natural topographic
barriers that will “sufficiently protect” persons during the
operation of the drones).
Notably, under Cape’s FAA authorization, while the