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drone may fly near the participating guests, it may not fly buns, cups, or other items up the mountain, as long as they
directly over them. There are other risk mitigation prac- are not operated over people (absent a waiver), and can
tices that Cape has been employing also (e.g., use of remain within the VLOS of the drone pilot or a participat-
pre-programmed flight paths, fail-safe points, signage, loca- ing visual observer.
tion maps, operational manuals, speed restrictions, and
use of visual arm and auditory signals for communica- Notably, the FAA’s new rules specifically prohibit the
tions). Because Cape has already been approved by the carriage of hazardous materials. As a result, absent a special
FAA, its mitigation protocols will likely become the frame- waiver from the FAA (and other federal agencies), ski areas
work for future ski industry waivers to operate drones flying will be prohibited from using drones to deliver avalanche
over or near people. (The FAA’s 16-page approval of Cape explosives. Mountain Drones, an innovative drone manu-
Production’s operational protocols is available at www.nsaa. facturer startup based in Telluride, is already developing a
org, under the Government Affairs tab.) souped-up drone designed for high-alpine environments that
can deliver avalanche explosives and conduct environmental
Similarly, the ASTM F-38 committee on drones is mapping, but the company will need special approval from
also developing separate consensus standards for flying the FAA (and possibly Alcohol, Tobacco, and Firearms, the
drones over people, which may also help with FAA waiver USFS, and others) before its specialized drones can deploy
applications. avy bombs or hand charges for avalanche mitigation.
Even without a specific waiver from the FAA, there QWHAT ABOUT PACKAGE DELIVERY
are new rules on the horizon that may allow the operation
of some drones over people. Notably, the FAA’s commer- SERVICES, LIKE AMAZON?
cial rules delayed any final regulations specifically pertain-
ing to the use of so-called “micro-UAS” or mini-drones, AAmazon pushed hard to get approval from the FAA for per-
which would have separately governed smaller drones weigh-
ing less than 5 pounds (or 2 kg) from other provisions gov- mission to conduct package delivery via drones. However,
erning commercial operations. The FAA specifically noted the FAA’s new regulations both require the remote pilot
that the lighter weight of such drones will mitigate against in command to always have the drone within visual line
serious injury or damage, and in the new few months, the of sight, and prohibits drones flying over people, making
agency will seek public comment on a framework under delivery package by drone unfeasible for now. Most experts
which these micro-drones will be allowed to operate over believe that in a few years—as safety measures and technol-
people. Eventually, these smaller, lighter drones will be ideal ogy advance—Amazon and other companies will ultimately
for operating camera-enabled technology for filming and be given approval (starting on trial basis) for package deliv-
video purposes. ery services via drones.
QCAN DRONES CARRY A QHOW WILL THE FAA'S WAIVER
PAYLOAD OR CARGO? APPLICATION PROCESS WORK?
ASurprisingly, the FAA will allow drones to carry a payload or ALater this summer, the FAA will make an online portal
cargo, but only if the total weight of the drone and the pay-
load remains does not exceed 55 pounds. However, other available for businesses to apply for waivers from some of
rules will limit the use of drones for carrying cargo and pay- these prohibitions in the new regulations. This waiver pro-
loads, including the FAA requirement that drones are oper- cess, hopefully, will be less rigorous and less costly than
ated within the visual line of sight of the pilot or a visual the Section 333 exemption process, which typically neces-
observer, and that they do not fly over people not participat- sitated hiring outside lawyers and taking up to six months
ing in the operation of the drone. for approval.
The payload rules will certainly allow drones, such as a
quadcopter, to carry cameras, automatic external defibrilla- And the FAA’s new waiver process only applies to some
tors (AEDs), avalanche beacons, or infrared sensors for ski of the new FAA rules. The provisions eligible for FAA waiver
patrollers. And depending on weight and carrying capac- include: prohibiting nighttime drone flights; requiring visual
ity, drones arguably could be used for delivering hamburger line of sight operations; restricting drones flying over people;
limiting drones in certain parts of the national airspace; ban-
ning flights from a moving vehicle; and a few others. Other
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