The FAA has continued to publish a variety of new opportunities and restrictions for Unmanned Aircraft Systems (UAS) pilots after the waves of actual and threatened shutdowns receded. At the end of January, Megan Herr described the FAA’s proposals for allowing UAS operations at night, and operations over people without needing a Part 107 waiver. The public comment period on these proposed rules ends on April 15, 2019.

On February 13th and 15th the FAA published two important restrictions for UAS operations. Continue Reading A Busy Start to 2019 for the FAA Regarding Unmanned Aircraft Systems (UAS)

 

Agribusiness professionals are already proficient with a variety of federal regulations (USDA, EPA, etc.) but adding an unmanned aircraft system (“UAS”) into the business brings another agency into the mix – the Federal Aviation Administration – with its own set of regulations. In some scenarios this added regulatory burden may be worthwhile because UAS can be used to perform crop protection product (“CPP”) spraying operations (“spraying”) on crops more efficiently than manned aircraft, saving money for both farmers and consumers. Yamaha Motor Corporation, USA (“Yamaha”) recently announced it has been granted an FAA exemption for its FAZER unmanned aircraft system (“UAS”) to be used for agricultural spraying.

Continue Reading Agricultural UAS Receives FAA Approval

The proverbial hacksaw inside a prisoner’s birthday cake has been supplanted by a new technological trend for bringing contraband into the jailhouse – Unmanned Aircraft Systems (“UAS”). As early as 2015, a fight broke out at the Mansfield Correctional Institution in Ohio when a drone carrying tobacco, marijuana, and heroin crashed into a yard inside the facility. That same year, a drone trafficking hacksaw blades, a cellphone, and Super Glue crashed into a maximum security prison in Oklahoma. Similar plots have been attempted in more than a dozen states nationwide, leading states like North Carolina, Tennessee, and Texas to ban drone flights over correctional facilities. Perhaps to save us from another pre-emption fight over UAS operational restrictions, the federal government is now following suit.

On June 7, 2018 the FAA announced temporary flight restrictions over federal correctional facilities and certain U.S. Coast Guard facilities. The inclusion of Coast Guard facilities has no connection to the smuggling concerns faced by correctional facilities. Rather, the addition of Coast Guard facilities is simply an expansion of the FAA’s existing flight restrictions at select national security sensitive facilities that are operated by the Departments of Defense and Energy.

The new restrictions went into effect on June 20, 2018 and prohibit UAS operations between the surface and 400 feet above ground in the vicinity of thirty-three Coast Guard and correctional facilities. The restrictions are in effect 24 hours per day, seven days per week.

The correctional facilities located in Arizona, California, Colorado, Florida, Illinois, Indiana, Kentucky, Louisiana, Mississippi, Pennsylvania, Texas, Virginia, and West Virginia. The Coast Guard facilities are in Maryland, Massachusetts, California, North Carolina, Alaska, Florida, Virginia, Washington, and West Virginia.

Failure to comply with FAA and state UAS regulations (including temporary flight restrictions) can lead to significant civil and criminal penalties. Software developers must ensure their products are updated to appropriately avoid these restricted areas, and operators would be wise to check the FAA’s Know Before You Fly app before beginning their missions.

You can reach Husch Blackwell’s experienced team of UAS attorneys by contacting Erik Dullea and Chris Sundberg, who are happy to help your business more effectively utilize UAS technology and stay out of trouble with the FAA.

 

drone with cameraOn Tuesday December 12, 2017, President Trump signed into law the National Defense Authorization Act (“NDAA”). Section 1092(d) of the NDAA restores the requirement that owners of unmanned aircraft systems (“UAS”) used for recreational purposes (“Model Aircraft”) must register and mark their UAS in accordance with the Federal Aviation Administration’s (“FAA”) “Registration and Marking Requirements for Small Unmanned Aircraft” published on December 16, 2015 (“Registration and Marking Requirements”).

Continue Reading National Defense Authorization Act Reinstates Marking and Registration Requirements for All UAS Owners

ABH at the Controls Risk Management principles have been applied in business and industry for years, becoming the subject of ISO/IEC Standard 31000:2009. They have also found their way into aviation, and particularly general aviation, where the layers of infrastructure and backup in airline operations are absent, and pilots must largely operate on their own.

John and Martha King, the respected operators of the King Schools, have preached the gospel of applying risk management principles to GA. They offer a series of “Practical Risk Management” training materials covering a range of flying activities. They have also spoken and written widely on the subject, forthrightly addressing the hazards of GA flying by using mistakes they made during their long career to illustrate the factors that can result in bad decision making in the air and on the ground. Their efforts have helped make risk management become a subject of interest and discussion in the GA community. Continue Reading Air Safety: Managing Risk Management

Product Liability Monitor

September 8, 2017
New Developments
The SELF DRIVE Act Motors Through Congress
By Mark Pratzel

On September 6, 2017 the House of Representatives unanimously passed H.R. 3388, also known as the “Safely Ensuring Lives Future Deployment and Research in Vehicle Evolution Act,” also known as the “SELF DRIVE Act.” The broad, bipartisan support for this legislation seems to reflect a rare Congressional consensus favoring national standards for autonomous vehicle (AV) technology. [Continue Reading]

FAA Preemption: The Continuing Sikkelee Saga
By Alan Hoffman

Last April, in a case closely followed by the aviation industry, the Third Circuit reversed a District Court order granting summary judgment to Textron Lycoming in a fatal Cessna 172 accident case on the ground that the plaintiffs’ design defect claims were preempted by the Federal Aviation Act. The Third Circuit held that the District Court erred in applying field preemption to plaintiff’s tort design defect claims, and remanded the case for further proceedings. [Continue Reading]

Standing as a Defense in Class Action Products Cases
By Jonathan Schmalfeld

It is a basic legal principle that, for party to have standing to bring a case, that party must have suffered (or in some instances be under the immediate threat to suffer) some actual harm. This is commonly referred to as the injury-in-fact requirement. This requirement is particularly important in cases where class certification is sought. [Continue Reading]

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Product Liability Practice

Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]

Product Liability Monitor Archive
July 2017

jet“Cessna 1234A cleared for takeoff, caution wake turbulence from the departing Citation jet.” It’s a common warning at controlled airports where light planes mingle with jets and airliners.  Encountering wake turbulence at low altitude immediately after takeoff is a well-known danger that can have fatal results.  But wake turbulence is increasingly recognized as a danger to all aircraft, at all levels.

Continue Reading Air Safety: Caution—Wake Turbulence!

On May 19, 2017, the District of Columbia Circuit Court (the “D.C. Circuit Court”) issued a decision in Taylor v. Huerta, striking down a 2015 Federal Aviation Administration (“FAA”) Registration Rule (requiring owners of unmanned aircraft systems (“UAS”) weighing between 0.55–55 lbs. to pay a $5 fee and register their UAS with FAA) to the extent that it applies to model aircraft.  droneIn its published opinion, the D.C. Circuit Court ultimately held that FAA’s Registration Rule clearly conflicts with Section 336 of the FAA Modernization and Reform Act of 2012, which expressly prohibits FAA from promulgating and enforcing rules and regulations with respect to model aircraft.  Continue Reading FAA Model Aircraft Registration Rule Struck Down

Informational Maps Released to Accelerate UAS Authorizations

UAS droneAs part of its Low Altitude Authorization and Notification Capability (“LAANC”) initiative, the FAA has been working to provide more detailed maps of the airspace surrounding the nation’s airports in order to more clearly communicate to operators of unmanned aircraft systems (“UAS”) what airspace can be utilized for UAS operations.

Late last week, the FAA released the first batch of airspace maps (the “Maps”). By and large, the Maps identify airspace surrounding 200 smaller and more rural airports. Users can zoom in to view these airports and see individual 1 square mile grids, with the maximum above ground level (AGL) altitudes where drones may operate. As an example, the grids near Colorado Plains Regional Airport in Akron Colorado show maximum AGL altitudes ranging from 400 feet down to 0 feet.  The FAA intends to publish additional maps as part of the agency’s 56-day chart production cycle. Future distributions will address many of the nation’s largest airports.

Continue Reading Recent Federal Aviation Administration Initiatives Affecting UAS Operations