implications on policymaking and design of the built ... · a drone is classified as an unmanned...
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Drone Technology Implications on Policymaking and Design of the Built Environment
March 13, 2017
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Our Panelists
Daniel Bolin
Associate, Ancel Glink
Chicago, IL
Dwight Merriam, FAICP
Partner, Robinson+Cole
Hartford, CT
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Our Panelists
Jordan Petersen, RLA, LEED AP
Associate, ColeJenest & Stone
Raleigh, NC
Timothy Yim, CIPP/US/E, CIPT, CIPM, FI
Data of Data and Privacy, Startup Policy Lab
San Francisco, CA
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Roadmap/Lessons Learned for Today
I. Federal, State, and Local Regulations
I. Public and Private Sector Use of Drones
I. Other Emerging Forms of Drone Technology
I. Privacy and Other Legal Obstacles
I. Questions
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I. FEDERAL, STATE, AND LOCAL REGULATIONS
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Legal Definition
▪ A drone is classified as an unmanned aircraft system (UAS) by the FAA. ▪ A UAS is an aircraft system without a flight crew on board
▪ Also known as unmanned aircraft (UA), unmanned aircraft vehicle (UAV), remotely piloted vehicle (RPV)
▪ The rules for operation depends on why you want to fly a drone.
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Commercial vs. Recreational Use
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Commercial vs. Recreational Use
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Commercial vs. Recreational Use
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FAA sUAS Registration Service
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Important Historical Regulation
▪ Feb. 2012: FAA Modernization and Reform Act of 2012 set a deadline of Sep. 30, 2015 to establish regulations for use of commercial drones.
▪ Section 333 granted Secretary of Transportation the “authority to determine whether an airworthiness certificate is required for a UAS to operate safely in the National Airspace System (NAS)
Aug. 2013: Until then, UAS licenses granted case-by-case requiring public entity sponsor
▪ Certificate of Operation (COA)
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333 exemption vs. Part 107
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Federal Laws
▪ June 2016: FAA and DoT released commercial drone operational rules ▪ The Small Unmanned Aircraft Regulations (Part 107)
▪ Apply to commercial drones under 55 lbs.
▪ Drones must remain within operator’s line of sight
▪ Drones cannot fly over “unprotected people” unless “they are directly participating in the UAS operation”
▪ Max. speed of 100 mph, max altitude of 400 feet
▪ Pilots at least 16 years old with remote flying certificate and passed an aeronautical test
▪ TSA background tests for all drone pilots
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Sample Certificate of Achievement
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State Laws
▪ Federal regulations preempt air travel, hence state and local laws are limited in terms of regulation ▪ 49 U.S. Code § 40103: Grants federal government
exclusive sovereignty of airspace of U.S.
▪ FAA: “[a] navigable airspace free from inconsistent state and local restrictions is essential to the maintenance of a safe and sound air transportation system"
▪ Several states have passed rules imposing regulations on how law enforcement and other agencies can use drones
▪ Virginia: warrant must be issued
▪ New Jersey: warrant must be issued, information must be destroyed within two weeks
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Case Study: Connecticut
▪ Legislation considered for restrictions on drone weaponization
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Local Laws
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Case Study: Schaumburg, IL
▪ § 109A.02 - OPERATION OF DRONES PROHIBITED. The operation of a drone within one hundred (100) feet of the perimeter of any village property or on any village right-of-way during a special event is hereby prohibited.
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Case Study: Barnstable, MA
▪ SECTION 401A-6(C) Prohibited Activities: “Using, launching, landing or operating an unmanned aircraft from, or on, land or waters associated with any of the Town of Barnstable bathing beaches is prohibited except as approved in writing by the Town Manager”
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II. PUBLIC AND PRIVATE SECTOR
USE OF DRONES
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DRONES: A NEW PERSPECTIVE FOR DESIGN AND PLANNING
EARLY APPLICATIONS OF AERIAL IMAGERY FIRST AERIAL PHOTOGRAPH – BOSTON, 1860 FROM HOT AIR BALLOON
SOURCE: THE SMITHSONIAN, JAMES WALLACE BLACK
EARLY APPLICATIONS OF AERIAL IMAGERY 1906 POST-EARTHQUAKE SAN FRANCISCO FROM A 50-LB CAMERA ELEVATED BY 9 KITES
GEORGE R. LAWRENCE PHOTO ARCHIVE
EARLY APPLICATIONS OF AERIAL IMAGERY BAVARIAN PIGEON CORPS (1903) SPY PHOTOGRAPHY
SOURCE: FRANKFURT PHOTO ARCHIVE
EARLY APPLICATIONS OF AERIAL IMAGERY LAND DEVELOPMENT PATTERNS, LEVITTOWN 1957 FROM FIXED-WING AIRCRAFT
SOURCE: STATE MUSEUM OF PENNSYLVANIA
EARLY APPLICATIONS OF AERIAL IMAGERY PILOTLESS RYAN MODEL 147 DRONE, VIETNAM WAR, 1964
SOURCE: RICHARD COPLEY, FEDERAL ARCHIVES
MODERN UAVs
eBee RTK MAPPING / SURVEYING DRONE BLACK HORNET PD-100 MICRODRONE
DJI INNOVATIONS, INSPIRE 2 PROFESSIONAL
X-47 MILITARY DRONE
URBAN PHOTOGRAPHY AND VIDEOGRAPHY DOWNTOWN RALEIGH, NC
CAMPUS MASTER PLANNING UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL
LANDSCAPE PHOTOGRAPHY BLUE RIDGE PARKWAY, ASHEVILLE NC
ARCHITECTURAL + LANDSCAPE DESIGN AND MARKETING PEARL DISTRICT WATER TOWER, PORTLAND OR
CONSTRUCTION DOCUMENTATION + ADMINISTRATION
REAL ESTATE MARKETING
LIDAR / POINT CLOUD / GIS MAPPING AND SURVEYING
SOURCE: ESRI
DIGITAL ELEVATION MODEL (DEM) / ORTHOPHOTOGRAPHY
SOURCE: ESRI
INFRASTRUCTURE / ENGERGY INSPECTION
SOURCE: INHABITAT
HUMAN TRANSPORTATION EHANG 184 UAV PERSONAL TRANSPORT, DUBAI
SOURCE: WASHNGTON POST
MASS MEDIA + JOURNALISM PATTERNS OF SOCIAL INEQUITY, CAPETOWN SOUTH AFRICA
SOURCE: JOHNNY MILLER
MASS MEDIA + JOURNALISM PATTERNS OF SOCIAL INEQUITY, CAPETOWN SOUTH AFRICA
SOURCE: JOHNNY MILLER
MASS MEDIA + JOURNALISM DOCUMENTATION OF WAR-TORN NEIGHBORHOODS IN HOMS, SYRIA
PHOTOGRAPHY - NATURAL SYSTEMS KALBRYIS FOREST, DENMARK – MICHAEL BERNHOLDT
PHOTOGRAPHY - BUILT ENVIRONMENT TRANSYLVANIA ROADWAY – CALIN STAN
PHOTOGRAPHY – BUILT ENVIRONMENT MONT SAINT MICHELE, FRANCE – JEREMIE ELOY
PHOTOGRAPHY – BUILT ENVIRONMENT HONG KONG URBAN ENERGY – ANDY YEUNG
JORDAN PETERSEN, RLA, LEED AP
DIRECTOR AND FOUNDER, LIFT AERIAL MARKETING ASSOCIATE, COLEJENEST + STONE
QUESTIONS OR COMMENTS?
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III. OTHER EMERGING FORMS OF DRONE TECHNOLOGY
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Most watched musical event of all time 150 million viewers
Case Study: Super Bowl LI Halftime Show
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Intel Shooting Star drones
▪ Create array of colored LEDs during synchronized shows
▪ Each device is 1 foot long and weighs 28 grams ▪ Currently unclear if will be made available to
public for purchase
50 Disney Spring Holiday Drone Performance - 2016
51 “Vivid” Sydney Drone Performance - 2016
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“Vivid” Sydney Drone Performance - 2016
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What made these performances possible from a planning/legal
perspective?
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FAA “No Drone Zone”
▪ FAA issued Temporary Flight Restrictions (TFRs) around NRG Stadium for Super Bowl, including drone activities
▪ “No Drone Zone” ▪ TFRs stretched 34.5 miles radius area from the
stadium ▪ Drone operator (Intel) granted special
dispensation for performance from FAA earlier in the week to film show
Question: How is this legally radius determined?
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Drone Zoning Proposals
▪ Take time into consideration ▪ e.g. Lift ban heights after certain hours
▪ Allow cities to create public CAD files for drone operators that consider GPS and time sequencing
Question: How will cities “zone for drones”?
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Case Study: UAV Zoning for Chicago
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Case Study: UAV Zoning for Chicago
GREEN: Free Use YELLOW/ORANGE: Restricted based on time or day of week RED: Restricted at all times
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Case Study: Buckingham Fountain
Question: Potential to zone at human scale?
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Drones as Agriculture Tool
Drones have been used for pollination and aerial imagery purposes by farmers
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Case Study: Robotic Bee
Japan’s National Institute of Advanced Industrial Science and Technology
4 cm wide, 15 grams
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Case Study: RoboBees
Wyss Institute of at Harvard University
Half the size of a paper clip, under 0.1 gram
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Case Study: Plan Bee
Ann Haldewang, Savannah College of Art and Design
Hand-sized, plastic and foam
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Drones as Delivery Service
Drones have been tested to deliver products of various types to consumers
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Case Study: Amazon Prime Air
▪ Plans revealed in Dec. 2013 ▪ Packages under 5 lbs. delivered in under 30
minutes ▪ Successfully used in Cambridge, England
▪ First delivery in Dec. 2014
▪ Granted US testing from FAA in Mar. 2015
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IV. PRIVACY AND OTHER
LEGAL OBSTACLES
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Technology and Government
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Technology and Government
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Technology and Government
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NTIA White Paper
▪ Feb. 15, 2015: Pres. Obama issued Presidential Memorandum instructing National Telecommunications and Information Administration (NTIA) to convene series of stakeholder efforts to increase privacy protections around commercial and private UAS use.
▪ Led to development of “Voluntary Best Practices for UAS Privacy, Transparency, and Accountability”
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Drones and National Parks
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V. QUESTIONS FOR THE PANELISTS
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THANK YOU FOR JOINING US TODAY!
Jordan Petersen, RLA, LEED AP
Timothy Yim, CIPP/US/E,
CIPT, CIPM, FI
Daniel Bolin
Dwight Merriam, FAICP