Page 14 - Early Winter 2014

MOUNTAIN OPERATIONS Flying less Blind by DAVE byRD, RISK & REGULATORY AFFAIRS DIRECTOR FAA’S New ApprovAl proceSS provideS FrAmework For droNeS n September the Federal Aviation Administration (FAA) issued its first authorization under a new agency regulatory process for the commercial operation of unmanned aerial drones. This first exemption—to six IHollywood movie studios seeking approval to use drones in filming—provides fresh guidance and new hope for businesses, including ski resorts, that have been patiently waiting for the FAA to relax its blanket prohibition on the use of drones. And it’s about time. 30, 2015. However, given the huge inter- Congress directed the FAA to quickly The FAA currently prohibits the com- est in the commercial use of drones, the develop commercial drone regulations, the mercial operation of drones (also known FAA received nearly 30,000 comments intent was fairly clear: Congress feels the as unmanned aerial systems, or UAS), from the public, reinforcing the enor- agency does, in fact, have the legal author- leaving many ski areas and other busi- mous pent-up demand for commercial ity to regulate this part of the airspace. nesses questioning how they can capitalize drone operations. Given the huge interest Amidst this confusing regulatory on this amazing and increasingly afford- and complexity, FAA officials have indi- landscape, a number of businesses— able technology. The FAA is facing seri- cated that the FAA is not likely to meet including a few ski areas—are nevertheless ous pressure from both Congress and the Congress’ September 30, 2015 deadline operating drones, but doing so discreetly. broader business community to quickly to have final regulations in place. Indeed, If detected, a business operating a drone allow, but regulate, the use of drones for aviation experts anticipate the process for most likely would face a “cease and desist” commercial purposes, i.e., not merely FAA rules should take another 18 to 24 letter from the FAA or, if there is an acci- recreational or hobbyist use. (The FAA months—well beyond Congress’s initial dent resulting in personal injury or prop- currently permits hobbyists and other rec- 2015 deadline. erty damage, there is the possibility of a reational users to legally operate drones To further complicate matters, an fine. In fact, one eastern ski resort received for non-commercial purposes if they stay administrative law judge overturned a one of these “cease and desist” letters from below 400 feet and remain within eye- $10,000 FAA fine of a commercial drone the FAA, which apparently stemmed from sight, and operate away from both popu- operator in March, ruling that the FAA the resort’s marketing video that appeared lation centers and airports.) does not have jurisdiction or authority to on YouTube. Last year, when Congress autho- regulate low-level airspace where drones rized the FAA’s 2015 budget it required operate. While that ruling is on appeal, SecTioN 333 ApprovAl the agency to develop regulations for the most aviation law experts expect that the proceSS commercial use of drones by September ruling will be overturned. Indeed, when The FAA’s recent approval of the movie industry’s drone use came out of an approval process that stems from Section 333 of the FAA’s recent statutory autho- rization from Congress, giving the FAA authority to grant case-by-case exemptions from the agency’s commercial drone use prohibition. This exemption process is a very welcome development, and ski areas should strongly consider seeking similar exemptions for resort drone operations. The FAA has stated that it has self- imposed a 120-day review timeline for Section 333 exemption applications. The movie industry applied for its exemption 12 | NSAA Journal | EARLY WINTER 2014 w w w. n s a a . o rg NSAA Early Winter 2014 prepressed v5b.indd 12 10/29/14 6:41 PM