UAS INTEGRATION: Drones on an International Stage and what the U.S. can take away

Transcription

1 UAS INTEGRATION: Drones on an International Stage and what the U.S. can take away Brenden Foster I Pellissippi State Community College I WISE Program 2017

2 Table of Contents Preface... 3 Abstract... 4 Introduction... 4 Issue Definition... 5 Who is Affected?... 6 Public Knowledge and Concern... 7 Consequences if Ignored... 8 Background... 9 History... 9 Interested Parties Current Legislation and Regulation Current Market Market Forecast Implementation Possibilities/Current and Future Agriculture Security and Public Safety Civil and Commercial Applications Key Conflicts and Concerns Privacy Concerns Licensing and Certifications Aerial Hazards and No Drone Zones Policy Recommendations and Alternatives Alternatives International Solutions European Union (EU) Canada Policy Recommendations Category Based Regulation Training Program Public Awareness Campaigns Conclusion References... 38

3 Preface About the WISE Program The Washington Internships for Students of Engineering (WISE) program was founded in 1980 through the collaborative efforts of several professional engineering societies to encourage engineering students to contribute to issues at the intersection of science, technology, and public policy making. The nine-week program allows students to spend the summer in Washington, D.C. gaining experience in legislative and regulatory policy-making process through meetings with leaders in the Administration, federal agencies, and advocacy groups. WISE emphasizes the role engineers have in policy creation. About SAE International SAE International is a global association of more than 128,000 engineers and related technical experts in the aerospace, automotive and commercial-vehicle industries. SAE International's core competencies are life-long learning and voluntary consensus standards development. SAE International's charitable arm is the SAE Foundation, which supports many programs, including A World In Motion and the Collegiate Design Series. About the Author Brenden Foster is a Sophomore at Pellissippi State Community College in Knoxville, TN studying Civil Engineering. Prior to college Brenden did four years of active duty military service in the United States Marine Corp in the 1300 MOS Engineering field. Upon graduation, Brenden plans on pursuing a career in the engineering.

4 Acknowledgments First and foremost, I d thank to thank everyone associated with the WISE 2017 Internship program. I would like to thank our 2017 WISE Faculty Member in Residence Nancy McNabb for her guidance through our research process. Specifically, Logen Johnson and other members of SAE International for their help developing my research, and sponsoring my summer here in Washington, D.C. Lastly, I would like to thank all the government agencies who took the time to speak with my fellow interns and I about a variety of subjects. Abstract This purpose of this research paper evaluates the problems that come with full integration of Unmanned Aircraft Systems (UAS) into our National Airspace (NAS). Some background regarding regulation and technology is mentioned This paper looks at international strategies seen primarily in Canada and the European Union to address issues regarding UAS. Finally, this paper offers recommendations to implement to better support the growing UAS popularity. Introduction For many years Unmanned Aircraft Systems (UAS) and Unmanned Aircraft Vehicles (UAV), commonly referred to as drones, have been used by the military for an array of applications. Traditionally they have been used for defensive, surveillance and security monitoring, and for offensive, unmanned strikes and intelligence gathering, operations.

5 Now that this technology has advanced to a new high, public and private businesses want to adopt this technology for an economical gain, but this comes with many proxy issues associated with implementing UAS technology. This paper will compare, and contrast the UAS implementation here internally in the United States and abroad, mainly the European Union (EU) and Canada, and how we can adopt some solutions to optimize our UAS integration process so that we can unlock its full potential. Issue Definition With UAS technology becoming increasingly cheaper to build and design, there are a plethora of industries interested in using these tools to optimize their business or create new businesses. The issue is how do we as a nation address all the issues and problems that come along with the wide spread implementation of UAS and UAV for an economic gain. With current regulation, the scalability of the market for UAS is greatly limited, therefore some changes to current policy are warranted. In an effort to keep the National Airspace (NAS) safe while implementing this technology, stakeholders and government agencies don t want to rush into what could be a broken system with a lack in regulation, but make it difficult to operate outside of these regulations. It will take time and many creative minds to come up with a framework that the Unites States (U.S.) can apply to the NAS that allows for the integration of potentially millions of UAS units, while keeping the public safe. Internationally, the problems associated with UAS are alike, but each country, or collaboration of countries, is going about solving them in different ways. With current Federal Aviation Administration (FAA) regulations and legislation that s at a standstill, a new way of thinking about these issues may benefit policy makers [1]. Watching and working closely with a number of other countries could provide a variety of potential

6 solutions for a different, and possibly more efficient way of approaching our problems here in the U.S. Who is Affected? Currently UAS, or drones, are primarily being used in rural areas of the United States and abroad, including parks and private residences because of current regulations limiting where flight can take place. Although UAS are becoming more and more popular it is not common, for most of us in the U.S., to see UAS being used in the airspace all day long [2]. This could all change in the near future. The UAS industry could lead to the systems in every corner of our society being used in many different ways. Growing commercial and recreational interest means it would affect nearly every citizen in the United States, including those living and working in urbanized regions. This will also become common abroad in places like Europe and Canada, as well as other industrialized locations across the globe [3]. The expanding presence of UAS will also affect anyone who is already associated with the NAS. UAS will alter how manned aircraft and pilots conduct traditional operations. This will also affect those who control the current airways such as Air Traffic Control (ATC), which could greatly increase the complexity at which aviation activities are currently being monitored. Aside from manned aircraft being affected, other UAS operators will be directly impacted by the increasing numbers of UAS units found in the NAS.

7 Public Knowledge and Concern UAV s and UAS have been talked about for years in the military community and those talks have made their way to media platforms across the world [4]. News about UAS/UAV strikes and surveillance operations conducted in hostile countries is a pretty common read nowadays and that plays an important role when it comes to non-hostile implementation of small-unmanned aircraft systems (suas). The relationship of UAS with warfare leads the public to have an obvious concern for safety and security, along with privacy issues. UAS/UAV use recording cameras as their eyes, if you will, therefor privacy concerns arise when considering the implementation of these systems into our NAS [3] [2]. Acceptance of UAS in everyday operations will depend on the general public, and how well they accept the technology will depend on incident reports and accidents. As with almost anything else in our society if there are too many negative outcomes from a certain technology the public will be less likely, as consumers, to adopt the technology into their lives. Additionally, when talking about current regulations and hobbyist flyers there is a small population who ignore or who are ignorant of the rules of where and how to fly. This, in turn, gives the UAS user and manufacturer community a black eye is the eyes of the regulatory and legislative rule makers. Many users simply just do not know the regulations they are expected to uphold. There are many issues when talking about a commercialized UAS market and public opinion. Specifically, these issues will be compared and contrasted on an international stage in the Key Conflicts and Concerns section of this paper.

8 Consequences if Ignored The consequences of failing to reconsider current regulation could result in a missed opportunity for growth in U.S. economy. With the potential for more than an 80 billion dollar industry with a half a billion dollars in tax revenue and over 70,000 new jobs, not taking proper policy action could lead to the outsourcing of drone designers to countries more accepting toward the adoption of this technology [5]. According to an AUVSI study, the lack of response to this technology could cost the U.S. more than $10 billion dollars annually if proper integration doesn t take place [3]. The U.S. would then fail to be world leaders in the unmanned aviation sector and allow for the advancement of UAS technology taking place abroad. On the contrary, a growing popularity from hobbyists and the lack of a registration process leave it difficult to enforce the UAS regulations already in place. If existing provisions are implemented incorrectly or not in a timely fashion, this could lead to a dangerous NAS with no real system in place for the growing number of UAS active in the sky. Regulatory inaction could lead to more injury or accidents and to a less accepting public. Additionally, the current regulations greatly limit what industry can do with UAS and how they apply UAS to make their businesses more competitive. If more appropriate policies are not provided, it will prevent industry from evolving this technology and limit market applications. These regulations also prevent the scalability aspect of any business, which turns new manufacturers and commercial users away from adopting UAS into their business concepts.

9 Background History Technologically, UAS have made significant advancements. Small UAS (suas) range from 55 pounds to 250 grams, flying below 400 feet above ground level while staying in line of sight and staying airborne for several hours at a time. Larger and heavier UAS are capable of flying at altitudes up to or even higher than 60,000 feet and are able to stay in the air for multiple days [6]. Their capabilities and on-board components continue to grow more complex and allow for a wider array of utilization. Even though there are separate capabilities for small and large UAS this paper will focus on small UAS, generally 55 pounds to 250 grams, and the legislation as well as regulations surrounding suas. There are also UAS that fall into the 250 grams and less category, but because of their size, are greatly limited in the sense of on board technology and they will not be a topic of this paper. Internationally, the use of suas is nearly two decades old in some parts of the world but as of 2017 the legislation concerning them is much less mature. Around the world governments are creating policy frameworks for UAS that best suit their own governing style as well as implementation strategies. Some foreign countries have heavy restrictions and regulation on UAS, while others (typically less developed countries) have almost no regulation at all. The issue involving mass UAS integration began internationally in 2010 when popularity for drones around the world skyrocketed for hobbyist purposes, and private stakeholders realized how UAS could benefit their businesses economically and could streamline some otherwise timely operations. The specific government bill focused on

10 UAS in the United States was the FAA Modernization and Reform act of 2012 that mandated the FAA to create a system that allowed for the integration of UAS into the NAS by the year This act lead to the current regulations we have on UAS in the U.S. today [6]. Interested Parties Currently, the FAA is authorized to regulate UAS in the NAS, however, they are just one of the many parties invested in issues and policies related to drones. The National Aeronautics and Space Administration (NASA) have devoted a great deal of research toward a system that will safely integrate UAS with preexisting manned aircraft [7]. Aside from NASA, both sides of congress have introduced important legislative bills completely focused on UAS integration and the resulting concerns.. Other federal agencies such as National Institute of Standards and Technology (NIST) and the Government Accountability Office (GAO) have been sanctioned to provide guidance in differing technology areas related to UAS [6][8]. Along with government agencies, there are a handful of SDO s and Non-Governmental Organizations (NGO), trade associations, and consortia, vigorously working towards developing standards that the FAA may adopt and reference in regulation. In parallel, industry leaders are interested in UAS commercialization and companies are hoping to incorporate UAS into their business model for financial gain. For example, DJI, which is an industry leader in drone manufacturing, dedicated a portion of their website to depicting, with an in-depth map, no fly zones around the world that users can use as a resource to ensure safe operation [9]. There are a number of other stakeholders

11 representing numerous markets in the United States that want to see forward movement when it comes to a large scale implementation policy of UAS domestically [5]. In addition to there being deep interest in this matter here domestically, internationally there are many parties involved in their own UAS development process. Nearly every industrialized country in the world has some sort of government organization invested in the utilization of UAS in their countries and in increase the competitiveness of their countries. This paper examines policies set forth by the EU s European Aviation Safety Agency (EASA) as well as Canada s Transport Canada (TC) which are tasked, by higher government, to provide regulations and safety measures for UAS use and create frameworks for commercialized use. There are also other international organizations dedicated to the harmonization of regulatory frameworks so that UAS may be easily integrated on a global scale. The International Civil Aviation Organization (ICAO) goal is to provide the fundamental international regulatory framework through Standards and Recommended Practices (SARP s), with supporting Procedures for Air Navigation Services (PANS) and guidance material, to underpin routine operation of UAS throughout the world in a safe, harmonized and seamless manner comparable to manned operations [10]. Additionally, The Association for Unmanned Vehicle Systems International (AUVSI) is the world s largest non-profit organization devoted to the advancements of all things unmanned. AUVSI has created some of the leading comprehensive reports on UAS in areas such as economic impact and implementation possibilities.

12 International popularity for UAS is growing at the same rate as the U.S. and many of the foreign governing bodies have the same goal in mind, i.e. to provide a proper integration of drones and ensuring that the airspace remains safe. The potential for economic gains remain the same in many different foreign markets, mostly those who have unimproved roads and highways and a limited manned air service. Current Legislation and Regulation The FAA Modernization and Reform Act of 2012 became law in February of Part of this act, specifically section B of title III Safety, sanctioned the FAA, which is a part of Department of Transportation (DOT), to develop a plan to have UAS integrated into the NAS by the September of This act also directs that a pilot program was to be formed for the flight of UAS with six designated test sites that met specific criteria and a framework to allow for permanent locations in the Arctic operating 24 hours a day for research and commercial purposes [11]. Upon integration, the FAA continued working towards more reasonable regulation issuing Part 107 of Federal Aviation Regulations (UAS 55lbs or less) which was released in June of These regulations amended the initial rules they had created following the original act mandated by congress. Part 107 sets forth the current regulations we have for UAS and limit UAS expansion for commercial use. The most important rules coming out of Part 107 is the altitude restriction of 400 feet above ground, or 400 feet above a structure, with maximum speed of 100mph while keeping the UAS in visual line of sight. Operation is limited to daytime operations, with minimum of 3 miles of visibility from control station, and prohibits operation from a moving vehicle and does not permit use above people. Operators must stay at least 5 miles from any airport, unless cleared by ATC. If operating for work, operators must be at least

13 16 years of age and hold a remote pilot aircraft certificate [12]. However, the FAA has created a waiver system for businesses that are operating out of regulations and at present, according to the FAA approved waiver webpage, have been approved to operate out of certain regulations. Initially Part 107 required the registration of every UAS that was to be flown in our NAS for a monitoring purpose. However, on May 19, 2017 in the civil court of District of Columbia the court ruled that the registration of UAS was in violation of preexisting laws when it came to model aircraft, so as of now it is not required that UAS owners register their drones on the FAA site but they still strongly recommend that you do so [13]. The FAA is currently working on provisions to recommended a new identification system [14]. A number of bills have been introduced in congress and the majority of them are directed at research in remote identification and further safety measures, as well as, assisting the appropriate SDO s in the standard making process. In mid-july, H.R. 636 FAA Extension, Safety, and Security Act of 2016 became law. This legislation includes an entire section dedicated to UAS Safety. Subjects covered in this section of the bill range from pilots programs to exemptions in the case of utility and infrastructure restoration operations. The bill also allows the FAA to use UAS to detect and mitigate unauthorized drone operations and to impose heavy fines for those caught breaking any regulations set by the FAA. This bill provides further instruction on continued efforts for a research plan for developing an unmanned aircraft traffic management system working with NASA [15]. Many other bills have been introduced and waiting on approval from both sides of Congress, but the aforementioned bills have the biggest role in current UAS operations.

14 Internationally, the regulations seen vary from country to country. Some governments are strict on where and how UAS can enter the air space while others have virtually no UAS regulation. Unlike the United States, many foreign governments have more control of their internal industry, for instance, in Egypt drones are prohibited in all cases unless approved by the government therefore making the UAS industry rather small [16]. Although there are highly regulated countries when it comes to UAS, there are also countries that align with the regulations we have in place here domestically. Some examples of this approach include Canada and the EU. Both have their own differences and most of those differences occur because these countries operate using the metric system. Other small differences include things like maximum flight altitude and how close to airports UAS can fly. One major issue EASA has encountered is the number of countries impacted by their UAS regulations, meaning in some countries the regulations work and in others the framework needs altering. As with the FAA, both governing aviation agencies Transport Canada and European Aviation Safety Agency, have the authority to impose heavy fines for those in violation of the UAS regulations although in both foreign countries the fines for such law breaking are higher. Some of the biggest differences seen between the FAA regulations and the other two agencies in the EU and Canada is the registration process. Both the EU and Canada require certain information to be displayed on the actual UAS while the EU takes it a step further offering an e-identification option that uploads the required information [17][18]. Further legislation and regulation are in the works for all three countries I have mentioned, including the U.S., to ensure a safe way industry can utilize UAS in a scalable way.

15 Current Market In December of 2015 the FAA set forth a mandatory unmanned registration process for all UAS entering the NAS. Although the registration system has since been discontinued as of May 2017 the numbers were staggering. At the Consumer Electronics Show in Las Vegas in the beginning of 2017 Michael Huerta, a chief for the FAA, says that in just 15 months of mandatory UAS registrations, more than 770,000 UAS have been registered by the public in the FAAs registration system. During the same discussion Huerta stated that the FAA has issued over 37,000 remote pilot certificates which allow for the commercial use of UAS in specific conditions. When taking into account drones that weigh less than 250 grams these numbers skyrocket. In 2016 it was estimated that 2.3 million hobbyist drones were purchased which more than doubled the 1.1 million in If we exclude these very small drones, which did not need to be registered with the FAA, the Consumer Technology Association estimates 825,000 drones were purchased in the U.S. in To put that into some perspective, around 320,000 manned aircraft are registered in a system that s been around for about 100 years [19]. As full integration and commercial adoption takes place UAS population will rise. It is important that policy makers prepare for the already growing numbers. Sensible regulations will allow for the UAS population to operate safely while providing a scalable and competitive market.

16 Globally, drone unit sales are on the rise with an increase estimated at 60% from 2015 to 2016 and revenue growing to $4.5 billion. In 2016, personal drone unit sales dominated the market at 94% but those sales only represented 40% of the markets revenue. The much smaller number of commercial drones make up the remaining 6% of the market and 60% of revenue. As shown in the above graph UAS sales have exceeded expectations for the forecast set for 2016 and will most likely follow suit for Also depicted in the graph, commercial UAS are generating more revenue than personal UAS. This is likely due to the high cost of large commercial sized UAS with price tags up to and above $100,000 [20]. The American market, as of 2016, has been dominated by manufactures with headquarters located in China, speaking specifically of DJI, a company that is known for

17 its popular phantom drone primarily used for photography. DJI owns 36% of the less expensive UAS units in thenorth American market, classified as under $,1000. However, they have occupied 67% of the market for more expensive UAS, considered $1,000 to $4,000. The good news is that lower cost drones are being manufactured domestically here in the U.S. and currently make up for most of the remaining 64% market share for less expensive drones [21]. As the U.S. progresses regulations regarding UAS, more domestic manufactures will be interested in competing in this lucrative market. A variety of factors like state laws, tax incentives, regulations, the establishment of more test sites, research and development, and the adoption of UAS by end users will determine the market in the U.S [5]. Market Forecast

18 The consumer UAS market was the first to develop outside military applications and the consumer UAS industry inside the United States is estimated to break the $17 billion mark by While in 2017 alone more than 3 million UAS systems will be manufactured, which is an increase of 39% since 2016, commercial and personal UAS have particularly different needs. Although personal consumer UAS are predicted to generate a significant revenue system the commercial sector shows just about the same trend, as the demand increases, commercial/civil sectors are estimated to spend more than $13 billion on UAS units through Total, the UAS industry is expected to contribute over $82 billion to the nation s economy and create over 100,000 new jobs with roughly 844,000 job years from now until The jobs UAS create classify as high paying, $40,000 and up, and will require technical baccalaureate degrees. Research and development spending in the U.S. will increase drastically in years to come, however, there is potential for all 50 states to benefit nearly twice as much as they would spend. This applies to some states more than others but the trend is uniform in a way that everyone would see an economic gain [5]. The European and Canadian markets compare closely to ours here domestically, the growing UAS marketplace has significant growth potential. By 2035 it is estimated that the UAS market will be producing above EUR 10 billion annually, and those figures rise to EUR 15 billion by These figures include the UAS market in its entirety but commercial and civil missions will generate the majority of these values. Some 7 million consumer drones are expected to be operating all over Europe by 2050 with a fleet larger than 700,000 operating commercially.

19 Commercial users are expected to be operating in all sorts of conditions including rural and urban operations that go beyond visual line of sight (BVLOS) [22]. In Canada, despite having slightly stricter regulations on UAS than that of the U.S., the market appears promising due to the deployment of drones in Canada s vast wilderness, a much higher ratio of undeveloped rural areas than the United States. Canada s willingness to experiment with UAS regulation will most likely impact the market in a positive way [22]. Implementation Possibilities/Current and Future Implementation has been a troubling process for early UAS users in a number of ways including commercially. Current air-space restrictions and regulations limit civil and commercial development for UAS. However, with proper regulation UAS could change the way a variety of applications are currently being conducted including urban and rural operations such as infrastructure management, agriculture, oil and gas, energy, and public safety and security in locations otherwise hard to reach. Today, UAS have longer operational durations and require much less maintenance than previous versions of the technology. They are operated remotely and have the ability to operate outside line of sight using fuel efficient technologies. UAS can be deployed in a number of different terrains and rely much less on modern runways. In the future, UAS will become a more responsible approach to certain airspace operations that take environmental, ecological and human risk into account. Agriculture UAS in the agriculture sector is predicted to have the largest positive impact. As stated earlier, AUVSI estimates nearly 200,000 UAS units will be sold annually in the U.S. into 2020 and about 80% of those sales will come from the agriculture industry in an

20 application called precision agriculture. Precision agriculture is referring to two different segments of the farming market, remote sensing and precision application. First, a variety of sensors provide the ability to scan plants for health problems, record growth rates and hydration, and locate disease outbreaks. Secondly, precision application utilizes selective spray techniques used to better cover certain plants and fields. This method allows the farmer to apply only the necessary pesticides and nutrients to each plant, reducing the total amount sprayed, therefore saving money and reducing environmental impact. Agricultural applications also have the potential to eliminate the risk to humans in harsh weather conditions. This information is based data collected in Japan, where UAS have been used in agriculture since the late 1980 s [5]. As of now most agricultural operations are considered to be commercial under FAA rules, due to the fact that their crops are grown for a monetary gain meaning farmers still need a remote pilots certificate and go through section 333, a painstaking process, of part 107 if planning to operate outside regulations [1]. If the current regulations were modified to allow an increase of maximum flight height by just 40% farmers could double their daily coverage [23]. Security and Public Safety Another main area AUVSI have estimated UAS will have a large impact is the public safety and security sector. This includes law enforcement, fire-fighting, border patrol, disaster relief, search and rescue, military training, and other government operations. The Los Angeles Police Department and UK Police forces have already requested testing in the field for appropriate operations. Similar to military operations, UAS will allow for insertion into potentially hazardous environments with little to no risk in human lives, with a much smaller cost than manned aircraft [3]. When it comes to firefighting and natural disasters UAS can be deployed to detect hot spots, equipped with

21 thermal sensing, in a wild fire to optimize water drop operations and make searching for missing people much easier [23]. The National Fire Protection Agency (NFPA) is in charge of developing the standards and codes regarding the application of UAS for emergency purposes. The United States Agency of International Development (USAID) have implemented UAS in remote parts of the Caribbean and Africa in an effort to help transport laboratory samples, medical supplies, and medicine between health clinics located in larger cities to very remote indigenous communities. Also in Africa, UAS are being used in security measures to disrupt and minimize the flow of conflict diamonds being mined in very remote areas of the continent. USAID plans to implement more UAS in third world countries across the globe in an effort to save potentially millions of people by providing faster medical attention and medicine [24]. Although UAS are found to be beneficial in underdeveloped countries, more developed countries, like Sweden, are using UAS as medical tools for first responders. For example, paramedics and researchers in Scandinavia are invested in using UAS equipped with automated external defibrillators (AED) to drastically lower the time between a person going into cardiac arrest and their first shock from an AED, which significantly increases the chance of living [25]. Civil and Commercial Applications Lastly, another market that could be significantly impacted by the implementation of UAS is commercial and civil infrastructure inspections and maintenance. Companies often spend $100 million annually on inspections, and five times as much on maintenance, topping $40 billion in expenditures. Inspections are required in sectors like the oil and gas, transportation, energy, and construction industries and UAS can expedite the process and offer a cost-effective way to complete these inspections.

22 Companies like General Electric (GE) are teaming up with research groups to create a system using UAS for their routine inspections, which are estimated to reduce inspection costs by up to 25% and greatly limit the human risk involved [26]. Currently, most highvoltage power line inspections and preventative maintenance operations are being done by helicopter, which is very expensive and poses high-risk to operators. Big cell phone towers require a technician to climb to great heights to perform inspections and preventative maintenance, which is also dangerous. The way UAS are, and will be, implemented won t necessarily eliminate those high-risk jobs required to do some maintenance but it will greatly limit the frequency at which those risks have to be taken, making the workplace for many different industries a safer place to operate [26]. Construction professionals in nearly every sector, have realized that they can use UAS to gather better information and visualizations as well as collaborate more effectively, at a much faster rate, all while keeping workers out of dangerous situations. The significance in situations like these is not the UAS unit itself, it s what data the UAS can gather and how fast it is able to do that, but there are few qualified people who actually know how to gather that information in an effective way [27]. The aforementioned are just some examples of sectors that could see, and are seeing, the significant impact of UAS in day to day operations. Additional areas of civil and commercial sectors will adopt UAS into operating procedures as UAS technology advances. Creativity and ingenuity from industry will allow for the applications in many more ways. These possibilities can, and currently are, being applied to the EU and Canada with the same potential growth into additional industries.

23 Key Conflicts and Concerns Although UAS offer benefits in many different applications they bring some concerns along with implementation of the technology. Key among them are issues like privacy concerns and no fly zones, licensing and certifications, and the aerial hazards along with identification. Legislative issues also arise, although the current regulations allow for more mobility and application for almost all users, in and out of commercial industry, there could be more benefits by altering these regulations while still keeping public safety a priority. These issues are not unique to the U.S., they are being experienced on an international level everywhere UAS are being implemented and directly impact the level of social acceptance for UAS. Privacy Concerns A major issue that impacts public acceptance is the problems associated with privacy. UAS, as stated earlier in the paper, have been used in military applications for surveillance operations and the public is aware of this. The technology on board UAS units include sophisticated imaging systems that provide the ability to obtain detailed photographs and videos of terrain, people, homes, and other small objects. A national survey found that 72% of people are very concerned with UAS being used for monitoring their lives and daily activities. As UAS become less expensive, smaller in size, and less noticeable in the NAS the concern for privacy becomes increasingly well founded. In part, the FAAs Part 107 regulations as well as local and state governing bodies, are relatively silent when it comes to addressing privacy regulation for UAS. In August of 2016 the Electronic Privacy Information Center (EPIC) challenged the FAA in the sense that they

24 were responsible for developing a comprehensive plan to integrate UAS but failed to take privacy into account. The FAA has acknowledged the needs for privacy regulations but feel that it falls outside the mission of the FAA, which is to provide and ensure a safe NAS. More than a handful of states are now developing their own privacy regulation related to UAS operation which is leading to inconsistent enforcement and legal instability [28]. In Australia UAS privacy regulation is in worse shape. The Privacy Act, in Australia, is only being applied to organizations that have a revenue of $3 million or more. Most recreational UAS users don t fall into that category leaving most citizens vulnerable to privacy violations without regulations to protect them. As it stands, UAS users are allowed to fly over private property if they are at an appropriate height to do so, which leaves a lot up for interpretation [29]. Canadas privacy laws, similar to those of Australia, are primarily focused on the prevention of personal information gathering by government and businesses. Law enforcement officials in Canada are arguing that UAS pose no more threat than land based technologies with zoom image capturing capabilities. However, policy makers argue that UAS offer a unique vantage point to gather information like an individual s activities, behavior, and patterns of movement. Legislative Attorney Richard M. Thompson II believes that privacy issues will shift with public acceptance and social norms, as UAS become more common in the NAS and the general public will be more likely to be accepting of UAS near or over their home. He says it is important that UAS be used in a positive way to convey a positive outlook to the public. As of now, the laws internationally regarding privacy rights involving UAS are fuzzy at best [30].

25 To conclude, international aviation authorities have taken little action, or none at all, to address the general public s concerns for their privacy. Legal disputes considering who is responsible for privacy regulations fall on have impeded the process for creating legislation, and what that legislation should entail. Licensing and Certifications Another important part of ensuring safe and responsible UAS operation is proper education on how to use UAS units in a safe manner. As regulations currently stand, for operating recreationally no knowledge test or license is required to fly your UAS. This leaves a lot of room for error, and accidents have already occurred including a fatality of a young boy due to a head-on collision of his UAS. Commercial operation may be just as dangerous, even though a basic knowledge test is required to obtain a remote pilots certificate by the FAA, there may be a skill gap in operation. For instance, if a UAS unit is being used to conduct civil inspections of infrastructure and the operator cannot effectively operate the unit, the impact or benefits, will be rather limited. In many cases people go through the knowledge test and obtain no experience on actually flying a UAS unit. There have been instances in the public safety sector where the correct procedures have been followed but no real training was obtained. As it stands, the test does not address departments, and other sectors, specific operating procedures or the environment they operate in. This lack of knowledge leaves inexperienced operators conducting work in a potentially hazardous environment, in turn adding additional risk to the situation. Section 333 of Part 107 allows exemptions to regulations such as night operations or beyond line of sight, however it is a lengthy process and companies are hesitant to request an exemption because of liability issues [1] [31].

26 Europe is following the same concept as the U.S. but in a slightly different way. EASA requires a remote pilots license only if the operator plans to fly in a certified, or high risk situation, which scenario dictates. EASA has given member states the ability to define where UAS operations are prohibited or restricted, or where certain requirements may not apply. However, the official review of these amendments to regulation won t take place until the end of 2017 [32][17]. Canada is advancing, in the sense of safety, when it comes to certification of commercially flying UAS. The recreational regulations are slightly stricter than in the U.S. but still do not require a license if under 35 kilograms. If flying for work, research, or certain recreational purposes Transport Canada (TC) requires a Special Flight Operations Certificate (SFOC) which ensures operators use their UAS reliably and safely. To continue, there are exemptions to having to apply for a SFOC, which are weight classified, and require certain training such as airspace classification, weather and notice to airman (NOTAM) reporting services, and aeronautical charts. The exemptions require the operator to have successfully completed a pilot ground school program, otherwise an operator will be required to apply for a SFCO [18][33]. To summarize, international regulation on licensing is in place for operating commercially, but there is no system in place to educate recreational flyers on how to operate their system. In many cases there are skill gaps that hinder the potential UAS can have in commercial sectors. The United States aviation test educates commercial operators on basic rules regarding NAS but neglect to teach users how to operate in the varying conditions and settings UAS are being used, which may increase the risk to the operator and make hazardous environments more dangerous.

27 Aerial Hazards and No Drone Zones Another main issue with implementation of UAS are the hazards they create while operating in the NAS. They can create a complex environment where manned and unmanned aircraft are present. Operating UAS around airplanes and helicopters is dangerous and illegal incidents have been increasing around the country. During Fiscal Year (FY) 2015, between February and September, the FAA records show that 874 incidents were reported and that number increased to 1,274 in FY 2016 during the same time period. Reports ranged from collisions with manned aircraft to powerlines and infrastructure. Other cases include UAS technology failing and dropping out of the sky, some as high as the 400-foot altitude cap. In many cases, following investigation, the UAS unit and operator were never found or prosecuted [34]. In response, the FAA created an application that s available on nearly any smart phone called B4UFLY. Unfortunately, this app has failed to educate operators on regulations and restricted areas. Users complain about the confusing and hard to use way the application configured, and reports of the app often crashing drove users away from continuing to utilize it [35]. With that being said, a lot of recreational operators are unaware of regulations that dictate where they can, and cannot fly their UAS. National Parks are currently off limits, unless approved beforehand, and incident reports are flooding into the National Park Service (NPS) creating a bottleneck for the undermanned staff, many because operators do not know where they can fly and park postings are lacking. Canada is dealing with similar issues when it comes to aerial hazards and no fly zones. For example, in May of 2016 two different pilots in Ottawa reported seeing a UAS unit too close to the airport for the manned aircraft to land. Two CF-18 fighter jets were

28 deployed, by the direction of the North American Aerospace Defense Command (NORAD), to track down the drone breaking regulation. Two weeks later the same situation unfolded near a Winnipeg airport. In both instances, the UAS unit and operator were never tracked down. Comparable to the United States, operators are either unaware of the regulations or simply not following them which is a major issue when the priority is a safe integrated airspace. Regulators are urging for a technology able to remotely identify UAS units to prevent mishaps and better enforce regulations [36]. Europe, along with Canada and the U.S., is experiencing similar scenarios. In April of 2016, a British Airways aircraft was struck just as it prepared to land at Heathrow Airport. Although no one was injured and the plane landed without any issues, the incident posed a major threat to the lives of manned aircraft passengers and on-board staff. European aviation authorities are saying situations like these are due to the high adoption rate of recreational users, and these scenarios will be seen more often. Europe is now spending millions of dollars to research UAS collisions with traditional manned aircraft and the potential disaster UAS could cause [37]. In summary, these incidents are taking place near airports, and other aviation hubs, across the world. As popularity for recreational and commercial UAS operations grow, these cases will also continue to increase. Integration with manned aircraft internationally has offered its challenges, but most of them are due to regulation ignorance by the UAS community. Unless the growing complexity of UAS in the NAS is better monitored, it is likely that the world will see a catastrophic collision between manned and unmanned aircraft.

29 Policy Recommendations and Alternatives Alternatives Current regulations provide a foundation of how UAS are, and will be, regulated in the United States. Part 107 sets guidelines for safe operation both recreationally and commercially. The FAA can begin to slightly change those guidelines and regulations to allow for a more optimized use of UAS in our NAS. One option being slightly less regulation and a second option being slightly more. Less regulation would allow for greater ingenuity in how UAS are currently being applied. Slightly more regulation could reduce the growing number of incidents being experienced around the country. One policy alternative would be to increase current regulations on UAS domestically. For example, increasing the permitted distance between UAS and airports from 5 to 10 miles or decreasing the max flight altitude from 400ft to 200ft. This would decrease the number of incidents between UAS and manned aircraft. However, this would not address those operators who are ignorant to the regulations and there would still be incidents. This would also limit, even further, locations recreational users are permitted to fly, and might turn away new users. Depending on location, it would be more difficult to have Section 333 of Part 107 approved for commercial flights. This alternative could offer a way for the FAA to keep the NAS safe while deciding what the next step in policy would be. On the contrary, a second policy alternative would be to reduce current regulation on UAS. For instance, allowing for beyond line of sight operations or allowing properly trained operators to fly UAS over bystanders. In this case, it is likely that incident reports would rise due to the unknown of beyond line of sight operating. It would become even

30 more difficult to track down regulation violating UAS. However, this would allow for additional applications, both in commercial sectors and for recreational use. Commercially, manual tasks could be completed using UAS, thus saving time for utility companies by allowing pipeline inspectors to conduct scheduled inspections even faster creating less down time of gas companies. Additionally, this would allow first responders in firefighting or border patrol situations to operate more efficiently. International Solutions European Union (EU) The EU is experiencing UAS integration similar to that of the United States, but EASA is taking a different policy and regulation route. EASA has proposed a scenario based regulation system and all UAS users, commercial or recreational, would fall into one of the three categories. Each of the three categories have different safety precautions, proportionate to the risk of operation. Open (Low Risk) is a UA operation category that, considering the risks involved, does not require a prior authorisation by the competent authority before operation takes place. Specific (Medium Risk) is a UA operation category that, considering the risks involved, requires authorisation by the competent authority before the operation takes place and takes into account the mitigation measures identified in an operational risk assessment, expect for certain scenarios where a declaration by the operator is sufficient. Certified (High Risk) is a UA operation category that, considering the risks involved, requires the certification of the UAS, a licensed remote pilot and an

31 operator approved by the competent authority, in order to ensure an appropriate level of safety. This system allows for faster deployment of UAS in certain cases, and clearly states which category an operator would fall in based on a risk assessment. This Notice of proposed Amendment (NPA) has taken into consideration the developments in the international arena including ICAO, the Joint Authorities for the Rulemaking of Unmanned Systems (JARUS), and the United States FAA. The NPA also states the responsibilities of member states and the flexibility they have in regard to regulation. The proposed regulation also focuses on technical and operational requirements for the UAS unit itself. The main technical requirement highlighted is remote identification of drones and operational requirements include geo-fencing, a system that ensures UAS don t enter prohibited areas. Pilots qualifications are proposed and required registration for all drone operators, except those operating drones under 250 grams. This proposal is particularly interesting because it combines product and aviation legislation. Drones will be required to have the European CE mark to show the conformity with product legislation. Besides the CE mark, boxes will display the class of UAS, from C0 to C4, with the EASA s Do s and Don ts leaflet inside. Based on the class of the UAS unit operators will know where he/she can operate and what certifications are required [32]. EASA has taken a simple approach to privacy concerns. Europe views privacy and protection of personal information as a basic human right and applies that philosophy to UAS, European and National legislation are put in place to protect from external intrusion. As soon as a video recording device, image capturing equipment, or any other equipment that is able to capture personal data including photos, conversations, and locations are

32 attached to a UAS unit privacy legislation applies. Cameras and recording devices are not prohibited but EASA urges users to operate responsibly and respect the privacy of others [37]. There have also been important public awareness campaigns issued by European member states and companies in many different sectors to inform the public on the capabilities of UAS. They reinforce how UAS are being used for very specific purposes and there is no violation of privacies taking place. The public has responded in a very positive way, and with awareness increasing, a positive impact is estimated to be seen in public acceptance [38]. EASA, although doesn t require liability insurance, has provided guidance as to how operators should be insured in case of incident or accident. EASA states that no matter the size, weight, or speed of a UAS unit a collision with a person, causing bodily harm, or property can cause significant damage. Upon an accident operators, and owners, are required to identify themselves to the injured parties and to proper authorities. Depending on the accident owners may be required to pay a significant amount of money in restitution. To prevent great financial risk, EASA recommends verifying you have correct insurance coverage. In cases where an operator is not covered by insurance, it is strongly recommended to add a policy, or find third party insurance and carefully read the terms and conditions. Some members states within the EU require insurance before flight [39]. Canada Transport Canada, the transport authority responsible for the regulation of UAS, has proposed a category based regulation system. Each category is based on the size of the device, the pilot, and location of operation. Most recreational users will fall into the first category, if operating more for work or in urban areas the other two categories will better fit those operations.

33 With the new proposed rules, TC will no longer require operators with UAS units smaller than 25kg to have a SFOC if operating within visual-line-of-sight. However, if operators wish to operate outside of proposed regulations they will need a SFOC, no matter the weight of their system. The new rules also state when an operator would be required to have a knowledge test completed. Operators who intend to fly within the complex operations category, which includes urban areas and close to airports, are required to pass a written knowledge exam to acquire a pilot permit. The test will come with a small fee, and may increase if going through a third-party authority. The only operators who will need to register with TC are those operating in urban areas, within a controlled airspace, or close