UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. FAA–2015–0150

COMMENTS BY MAPPS

TO THE FEDERAL AVIATION ADMINISTRATION

NOTICE OF PROPOSED RULEMAKING

CONCERNING OPERATION AND CERTIFICATION

OF

SMALL UNMANNED AIRCRAFT SYSTEMS

Submitted on April 24, 2015

John M. Palatiello

MAPPS Executive Director 1856 Old Reston Avenue

Suite 205

Reston, VA 20190

Tel: 703-787-6996

MAPPS Background and sUAS Technology for Geospatial Data Collection Missions

Formed in 1982, MAPPS (www.mapps.org) is the only national association exclusively comprised of private sector firms in the remote sensing, spatial data and geographic information systems field in the United States. The MAPPS membership spans the entire spectrum of the geospatial community, including Member Firms engaged in satellite and airborne remote sensing, surveying, photogrammetry, aerial photography, LIDAR, hydrography, bathymetry, charting, aerial and satellite image processing, GPS, and GIS data collection and conversion services. MAPPS also includes Associate Member Firms, which are companies that provide hardware, software, products and services to the geospatial profession in the United States and other firms from around the world. Independent Consultant Members are sole proprietors engaged in consulting in or to the geospatial profession, or provide a consulting service of interest to the geospatial profession.

The proposed rules issued by the Federal Aviation Administration (FAA) for the commercial use of small unmanned aircraft systems (sUAS), sometimes derisively called "drones", will provide considerable potential business applications for MAPPS member firms in the aerial survey profession. According to the FAA, the following are examples of possible sUAS operations that could be conducted under the proposed regulations: Crop monitoring/inspection; Research and development; Educational/academic uses; Power-line/pipeline inspection in hilly or mountainous terrain; Antenna inspections; Aiding rescue operations such as locating snow avalanche victims; Bridge inspections; Aerial photography; and Wildlife nesting area evaluations.

In the past, MAPPS has worked closely with the FAA to enable the commercial use of sUAS (which, as defined by statute, is an unmanned aircraft weighing less than 55 pounds) for aerial survey purposes through various mechanisms, such as special airworthiness certificates, exemptions, and certificates of waiver or authorization (COA). MAPPS will continue to support the proposed federal regulations, while offering ways to enhance and clarify such regulations, which will provide for the next phase of integrating small UAS into the national airspace system (NAS).

MAPPS has made the case that aerial geospatial data acquisition using sUAS provides significant societal benefit and is NOT a threat to individual citizen privacy, and should be permitted to operate within a reasonable regulatory framework. It contributes to E911 emergency response and police dispatching systems, precision agriculture, environmental protection, emergency 'blue tarp' surveys to support hurricane response, engineering, transportation and infrastructure, electoral district maps, and many other applications. Geospatial data enables the delivery of critical government services and valuable business applications that citizens are demanding. The proposed FAA rule will enable this profession, which has an exemplary safety record and vast experience in manned aerial operations, to use of sUAS safely, effectively and economically.

As a member of the Aviation Rulemaking Committee (ARC) working group, MAPPS continues to advise the FAA regarding Beyond Visual Line of Sight (BVLOS) regulations. Although prompt implementation of the small, line-of-sight sUAS rules will help strike the necessary balance between aviation safety and business development, the next set of rules, governing beyond visual line of sight, need to be developed and implemented as soon as possible as well.

As a member of the National Conference on State Legislatures (NCSL) Partnership on UAS, MAPPS has called upon state legislatures to exempt aerial surveying and mapping from any legislation limiting sUAS. States are recognizing the beneficial and legitimate utilization of sUAS, as well as the potential economic development this technology can bring. As a result, MAPPS opposes regulations that will thwart, inhibit or impede the growth of this technology. In particular, aerial geospatial imagery and data helps with land information activities to protect our environment, foster economic growth, support outdoor recreation, make government operations more efficient, and preserve individual citizen property rights. MAPPS believes that aerial geospatial imagery and data acquisition using sUAS provides a benefit to U.S. citizens. Therefore, MAPPS supports FAA regulations that will safely enable and integrate sUAS activities into the NAS.

For decades, photogrammetry and remote sensing, the process of making measurement from aerial photographs and satellite images to make maps, has been in existence through the use of manned aircraft and satellites without problem or controversy. Imagery and geospatial data is essential to commercial and governmental activities. Therefore, the collection, storage and use of such data can and should continue to be permitted and encouraged for the benefit of the citizens of the United States, utilizing sUAS.

Imagery and geospatial data is essential to E911 emergency response, disaster mitigation, precision agriculture, management of storm-water runoff, floodplain mapping, equitable assessment of local property taxes, and other routine applications by all levels of local government on a daily basis. It’s also a foundational element for engineering design and construction of a wide range of infrastructure improvements, and is routinely integrated into GPS navigation systems in vehicles and on handheld devices that are proliferating among consumers today.

Private sector geospatial firms have been national leaders in providing photogrammetry and remote sensing services to clients around the world. This is an established, accepted, legal, ethical and growing business practice. To limit or deny the right of firms to engage in the legitimate business of photogrammetry and remote sensing, using any particular platform, including UAS, is an unwarranted intrusion of government in private sector business affairs.

Many aerial photography and satellite remote sensing activities for mapping also include ground or terrestrial services, commonly known as professional land surveying, which in many cases requires certification by a licensed surveyor. Depending upon the capabilities of a satellite or the flying altitude of an aircraft with a camera, a single image can capture several square miles. These images are then processed and data is extracted to make maps. In the past these images have been collected from either manned aircraft or satellites. Recently, sUAS have evolved to the point that they have become viable platforms for these imaging and remote sensing systems.

The FAA has recently begun issuing “exemptions” to private sector firm operators under Section 333 of the FAA Modernization and Reform Act (FMRA) of 2012. In December 2014, the FAA began granting exemptions to aerial surveying firms. This FAA notice of proposed rulemaking for small, commercial sUAS operation, will impact aerial photography missions. MAPPS would like to make it clear that this is a beneficial application for commercial sUAS operations.

There are concerns in the private sector, particularly among small businesses, that government agencies and public universities are getting a head start on the market, at the expense of the private sector and small businesses, by obtaining COAs and performing services with sUAS that are otherwise commercial in nature. This is particularly true in markets such as agriculture, mining, real estate, news reporting, land surveying, and mapping.

There are numerous examples of government/university sUAS activities that could be performed by the private sector, particularly small business. The fact that such agencies/universities can operate a sUAS, while the private sector cannot, has created an unlevel playing field. This not only takes business away from conventional, manned aircraft operations, such as aerial photography and mapping firms, but such firms’ ability to enter the sUAS market is currently prevented by federal law, policy and regulation. As a result, government and universities are conducting operational missions, developing markets, and cultivating clients. The private sector is grounded and thwarted. Not only is such a process unfair to small business, and lacks balance and equal protection, but MAPPS questions whether such discrimination against private enterprise on one hand, and favoring government agencies and universities on the other, contributes to the safety of the U.S. airspace.

Imagery and geospatial data collection, usage and application is a valued part of the modern American economy, as it is broadly applied to improve the analyses and decisions necessary to sustain and enhance the quality of life. As a result, when such data collection is carried out ethically, and in a fashion that complies with all appropriate policy and regulatory frameworks, it does not threaten the privacy of individual citizens.

In summary, MAPPS’ general position with regard to sUAS rulemaking is as follows:

1.  Aerial geospatial data acquisition using sUAS provides significant societal benefit and it is NOT a threat to individual citizen privacy, and should NOT be limited. Accordingly, any Federal efforts to impose limits on UAS should exempt aerial mapping;

2.  There should not be unfair competitive advantages granted to government or university sUAS vis-à-vis the private sector; and

3.  Airspace in the United States is owned by the Federal government. If the FAA wishes to prohibit government agencies from owning or operating sUAS, MAPPS has no opposition, but such limits or bans should not apply to the private sector.

Important Themes and Suggested Innovations

MAPPS also offers the following ideas and themes in order to ensure that commercial operations of sUAS are done in a safe manner.

Safety

A sUAS integration plan is needed that fosters the immediate and safe use of sUAS in the NAS. We can devise a system that responsibly balances access and use with public safety. Next, the FAA should finalize regulations today that require all sUAS sold in the United States adhere to basic standards of design, manufacture and safety. The aircraft must be comprised of materials and components compliant with safety standards. For example, the sUAS must be made of lightweight material and wings or rotors that will break off on impact. Rotors must be encased in some kind of protective shield so they cannot injure operators or the public. Or, better yet, certain aircraft (heavier, more lethal) are licensed to operate only in rural areas where the threat to people and property is less. The safe operation of sUAS is possible today with a system similar to the one described below without waiting for affordable sense and avoid technology. This proposed plan balances the responsible, robust use of UAS and public safety.

Operator License

A sUAS cannot be flown in the NAS without its operator being licensed. This license would not be a “pilot’s license”. Much like a driver’s license, a new class of sUAS license is established that simply affirms the operator has some basic understanding of aviation safety and operating rules within the NAS. Even more like a driver’s license, it must be renewed periodically and should require passing a standardized test. All sUAS, like automobiles, must have a unique identification number. This number and the responsible owner/operator are recorded with the mandatory aircraft registration. All sUAS must be constructed with GPS and a flight management system. The sUAS must know where it is at all times and know from where it came and to where it has been programmed to travel. If this system becomes dysfunctional when in operation, the flight management system must instruct the aircraft to land safely.

The Master Restricted Flight Area Database (MRFAD)

All sUAS must be constructed with firmware that incorporates a database of restricted flight areas. The firmware controls the flight of the aircraft and would prevent the operator flying the sUAS into these restricted areas. These systems would be designed so any attempt to bypass them would be difficult and traceable. This would deter tampering for the majority of users. Some sUAS are already using similar systems. These systems have all airport locations programmed into their flight management systems to prevent the aircraft from penetrating these restricted areas. This “Master Restricted Flight Area Database” (MRFAD) would be similar but include any and all restricted flight areas.

All sUAS flight management systems must require a flight plan to be uploaded to the aircraft before each flight. Flight cannot occur without legitimate instructions that define the time(s) and location(s) the aircraft will operate. Uploaded with the flight plan are the identification of the operator and the registration number of the sUAS. Once uploaded the firmware connects to MRFAD and updates it with its new flight plan, aircraft identification, and operator ID. This flight plan becomes a new restricted area. Only this UAS can operate in this area during the defined time. Simultaneously, the database-embedded firmware is updated with any other flight plans in the operational area. Conflicts with other flight plans are identified and resolved. Or, perhaps it makes sense for MRFAD to allow some or all sUAS (but not manned aircraft) to fly in the same area at the same time.

The required cellular technology needed to make the connection to MRFAD is inexpensive and lightweight. It should not be a technological or financial burden on UAS design or cost. Because this is a key component for safe UAS operation, the low additional cost is easily justified. If the sUAS’ flight management system cannot make a connection to the master database, the firmware will not allow operation in the NAS. Exceptions for operations within 500′ of its base station (lift off location) could be allowed so sUAS and onboard systems (like cameras, GPS, and LiDAR sensors) can be tested without filing a legitimate flight plan.

Once MRFAD is operational, restricted flight areas of many types and sizes will be continually created and uploaded to MRFAD throughout the U.S. Modern communications and database technology can easily support this level of complexity.

All areas within 5 miles of airports could be considered for designation as permanent no-fly zones. However, MAPPS desires a process for COA request, review, and approval be granted for commercial sUAS operations in such flight-restricted areas. Any portion of the NAS above 500′ above ground level will also be designated as permanent no-fly zones. One can easily imagine a system whereby an operator can request and be authorized to penetrate non-fly zones by an aviation authority.

Many other different types of restricted airspace can be defined and included in MRFAD at anytime. For example, the area around major (or minor) sporting events like football stadiums when filled with people may be defined. Areas around large parades and demonstrations may be defined as no-fly zones. The area around the Kodak Theater during the Academy Awards may be defined by local authorities as no-fly zones for a short time before, during, and after the event. These are good examples of no-fly zones that are transitory in space and time and used to guard the public safety. They define a specific area of “no penetration” but exist only for a defined length of time. When in effect, the sUAS cannot fly into these areas even if the operator instructs it to do so.