HomeMy WebLinkAboutSS3 - Drones Regulations - Handoutt3
U,S. Department
of Transportatlon
Federal Aviation
Administration
LAW ENFORCEMENT GUIDANCE FOR SUSPECTED UNAUTHORIZED
UAS OPERATIONS
Version 3 — Issited 8/11/2016
Issue
There is evidence of a considerable increase in the unauthorized use of small, inexpensive
Unmanned Aircraft Systems (UAS or "drones") by individuals and organizations, including
companies. The FAA retains the responsibility for enforcing Federal Aviation Regulations,
including those applicable to the use of UAS. The agency recognizes though that State and
local Law Enforcement Agencies (LEA) are often in the best position to deter, detect,
immediately investigate,' and, as appropriate,2 pursue enforcement actions to stop
unauthorized or unsafe UAS operations. The information provided below is intended to
support the partnership between the FAA and LEAs in addressing these activities.
Discussion
The general public, a wide variety of organizations, including private sector (e.g., commercial
companies), non-governmental (e.g., volunteer organizations), and governmental entities (e.g.,
local agencies) continue to demonstrate significant interest in UAS. The benefits offered by
this type of aircraft are substantial, and the FAA is committed to integrating UAS into the
National Airspace System (NAS). This integration, however, must address important safety
and security considerations. The increasing number of cases of unauthorized use of UAS is a
serious concern for the FAA and many of its interagency partners.
This document is intended to assist LEAs in understanding the legal frarnework that serves as
the basis for FAA legal enforcement action against UAS operators for unauthorized and/or
unsafe UAS operations (Section 1) and to provide guidance regarding the role of LEAs in
deterring, detecting, and investigating unauthorized and/or unsafe UAS operations (Section 2).
SECTION 1.
Basic Legal Mandates
The FAA's safety mandate under 49 U.S.C. § 40103 requires it to regulate aircraft operations
conducted in the NAS,3 which include UAS operations, to protect persons and property on the
ground, and to prevent collisions between aircraft and other aircraft or objects. In addition, 49
At least in terms of initial contact with the suspected offender.
- Applying any laws falling within the enforcement authority of the LEA in question.
3 The NAS is "the common network of U.S. airspace; air navigation facilities, equipment and services, airports or landing areas ....
Included are system components sharedjointly with the military." See FAA Pilot/Controller Glossary (Apr. 3, 2014), available
athttp://www. faa.gov/air_traffic/publications/fined ia/pcg_4-03-14. pdf.
U.S.C. § 44701(a) requires the agency to promote safe flight of civil aircraft in air commerce
by prescribing, among other things, regulations and minimum standards for other practices,
methods, and procedures the Administrator finds necessary for safety in air commerce and
national security.`
An Unmanned Aircraft is an Aircraft that Must Comply with Safety Requirements
An unmanned aircraft is an "aircraft" as defined in the FAA's authorizing statutes and is
therefore subject to regulation by the FAA. 49 U.S.C. § 40102(a)(6) defines an "aircraft" as
"any contrivance invented, used, or designed to navigate or fly in the air." The FAA's
regulations (14 C.F.R. § 1.1) similarly define an "aircraft" as "a device that is used or intended
to be used for flight in the air." Because an unmanned aircraft is a contrivance/device that is
invented, used, and designed to fly in the air, it meets the definition of "aircraft." In addition,
on December 16, 2015, the FAA promulgated an Interim Final Rule (80 Fed. Reg. 78594) that
defined Unmanned Aircraft, Model Aircraft, Small Unmanned Aircraft, and Small Unmanned
Aircraft System in 14 C.F.R. § LL The FAA has promulgated regulations that apply to the
operation of all aircraft, whether manned or unmanned, and irrespective of the altitude at
which the aircraft is operating. FAA regulations prohibit any person from operating an aircraft
in a careless or reckless manner so as to endanger the life or property of another.
Model Aircraft Operations
An important distinction to be aware of is whether the UAS is being operated for hobby or
recreational purposes or for some other purpose. This distinction is important because there are
specific requirements in the FAA Modernization and Reform Act of 2012, Public Law 112-95,
(the Act) that pertain to "Model Aircraft" operations, which are conducted solely for hobby or
recreational purposes. While flying Model Aircraft for hobby or recreational purposes does
not require FAA approval, all Model Aircraft operators must operate safely and in accordance
with the law. The FAA provides guidance and information to individual Model Aircraft
operators about how they can operate safely under current regulations and laws. Guidance
may be found at: http://www.faa.gov/uas/getting_stai-ted/fly_for_fLin/.
Section 336(c) of the Act and 14 C.F.R. § 1.1 define "Model Aircraft" as an unmanned aircraft
that is –
(1) Capable of sustained flight in the atmosphere;
(2) Flown within visual line of sight of the person operating the aircraft; and
(3) Flown for hobby or recreational purposes.
Each element of this definition must be met for a UAS to be considered a Model Aircraft under
the Act and the regulation. Under Section 336(a) of the Act, the FAA is restricted from
conducting further rulemaking specific to Model Aircraft as defined in Section 336(c) so long
as the Model Aircraft operations are conducted in accordance with the requirements of Section
336(a). Section 336(a) requires that -
4 FAA action on these security concerns support and are informed by the national defense, homeland security, and Law Enforcement
statutory responsibilities and authorities of our interagency partners.
(1) The aircraft is flown strictly for hobby or recreational use;
(2) The aircraft is operated in accordance with a community-based set of safety
guidelines and within the programming of a nationwide community-based
organization;
(3) The aircraft is limited to not more than 55 pounds unless otherwise certified through
a design, construction, inspection, flight test, and operational safety program
administered by a community-based organization;
(4) The aircraft is operated in a manner that does not interfere with and gives way to
any manned aircraft; and
(5) When flown within 5 miles of an airport, the operator of the aircraft provides the
airport operator and the airport air traffic control tower (when an air traffic facility
is located at the airport) with prior notice of the operation (model aircraft operators
flying from a permanent location within 5 miles of an airport should establish a
mutually -agreed upon operating procedure with the airport operator and the airport
air traffic control tower (when an air traffic facility is located at the airport)).
Model Aircraft that Operate in a Careless or Reckless Manner
Section 336(b) of the Act, however, makes clear that the FAA has the authority under its
existing regulations to pursue legal enforcement action against persons operating Model
Aircraft when the operations endanger the safety of the NAS, even if they are operating in
accordance with Sections 336(a) and 336(c). For example, a Model Aircraft operation
conducted in accordance with Section 336(a) and (c) may be subject to an enforcement action
if the operation is conducted in a careless or reckless manner so as to endanger the life or
property of another.
Commercial and Other Non -Model Aircraft UAS Operations
UAS operations that do not meet the definition of Model Aircraft, or are not conducted in
accordance with Section 336(a) of the Act, may only be operated under FAA rules for UAS
or with specific authorization from the FAA. UAS that are not flown for hobby or
recreational purposes may be operated through one of four avenues:
1) 14 C.F.R. Part 107: The new regulatory framework enables certain small UAS
operations for commercial and other non -hobby purposes. The rule addresses
airspace restrictions, remote pilot certification, and operational limits. Read the
full regulation at https://www.federalregister._gov/articles/2016/06/28/2016-
15079/operation-and-certification-of-smal I -unmanned -aircraft -systems
2) Section 333 Exemptions: The FAA issued these exemptions to authorize certain
commercial operations as a bridge to 14 C.F.R. Part 107. These exemptions are
valid for two years. Existing Section 333 exemption holders will still be able to
operate under the terms of their exemption after Part 107 takes effect. UAS
operators who have obtained an exemption must also obtain a Certificate of
Waiver or Authorization (COA).
4
3) Public Aircraft Operations': Public aircraft operators must obtain a COA prior
to operations. Further information about public aircraft operations is available in
Advisory Circular (AC) 00-1.IA, Public Aircraft Operations.
4) Airworthiness Certification: Some UAS are issued an airworthiness certificate
that prescribes specific operational provisions for a particular aircraft. Operators
of these aircraft must also obtain a COA.
It is important to understand that all UAS operations not operated as Model Aircraft under
Section 336 of the Act are subject to current and future FAA regulation. At a minimum, any
such flights are currently required under the FAA's regulations to be operated within the
framework of one of the four means of authorization detailed above. Further, these flights must
be conducted with an authorized aircraft (certificated or exempted), with a valid aircraft
registration certificate and with a properly certificated pilot.
Regardless of the type of UAS operation, the FAA's statutes and the Federal Aviation
Regulations prohibit any conduct that endangers individuals and property on the surface, other
aircraft, or otherwise endangers the safe operation of other aircraft in the NAS. In addition,
States and local governments are enacting their own laws regarding the operation of UAS,
which may mean that UAS operations may also violate state and local laws specific to UAS
operations, as well as broadly applicable laws such as assault, criminal trespass, or injury to
persons or property.
UAS Compliance with Airspace Security Requirements
As an aircraft, UAS operations (including those involving Model Aircraft) must be conducted
in accordance with the airspace -centric security requirements prescribed by the FAA's
regulations and various implementation tools used by the FAA, specifically including airspace
with special flight rules and Notices to Airmen (NOTAM) that define Temporary Flight
Restrictions (TFR). It is important that UAS operators and LEAs be familiar with the airspace
restrictions respectively relevant to their operations and their enforcement area of
responsibility.
Flight restrictions are used to protect, but are not limited to, special security events, sensitive
operations (e.g., select Law Enforcement activity, space flight operations, etc.), and
Presidential movement. The most up-to-date list of TFRs is available at
http://tfr.faa.gov/tfr2/list.htiTit.
See Attachment A for reference resources.6
5 Exemptions under 14 CFR part I I that rely on Section 333 (Special RUICs for Certain Unmanned Aircraft Systems) of the Act for relief
from the airworthiness certificate requirement.
a Attachment A also includes a NOTAM concerning avoidance (including no loitering) over power plants, dams, refineries, industrial
complexes, and military facilities. Although not a restriction, this TFR urges aircraft operators to avoid these locations.
UAS Registration Requirements
All unmanned aircraft, including those operated exclusively as Model Aircraft, that weigh
more than 0.55 pounds and are operated in the NAS must be registered with the FAA by
their owner under either 14 C.F.R. Part 47 or Part 48.
The FAA will issue a unique registration number that begins with either an "N" "or "FA."
These numbers must be placed on the unmanned aircraft to be readily visible, or they may
be inside a battery compartment or other place in the aircraft, provided no tools are needed
to open the compartment. The registration number will be unique to the operator if operating
strictly as a Model Aircraft, and unique to the aircraft if operating other than as a Model
Aircraft. The operator of the UAS must carry a Certificate of Aircraft Registration in either
paper or electronic format and make it available to Law Enforcement upon request.
Failure to register a UAS, including Model Aircraft, in accordance with these rules may
result in regulatory and criminal sanctions. The FAA may assess civil penalties r.rp to
$27,500. Criminal penalties include fines of up to $250,000 and/or imprisonment for up to
three years.
More information about UAS registration can be found at https:HregistermyLias.faa.gov/
SECTION 2.
The Role of Law Enforcement
The FAA promotes voluntary compliance by educating individual UAS operators about how
they can operate safely under current regulations and laws. The FAA also has a number of
enforcement tools available including warning notices, letters of correction, and civil penalties.
The FAA may take enforcement action against anyone who conducts an unauthorized UAS
operation or operates a UAS in a way that endangers the safety of the National Airspace
System. This authority is designed to protect users of the airspace as well as people and
property on the ground.
As noted above, however, State and local LEAs are often in the best position to deter, detect,
immediately investigate, and, as appropriate,$ pursue enforcement actions to stop
unauthorized UAS operations. Although the FAA retains the responsibility for enforcing
FAA's regulations, FAA aviation safety inspectors, who are the agency's principal field
elements responsible for following up on these unauthorized and/or unsafe activities, will often
be unable to immediately travel to the location of an incident.
While the FAA must exercise caution not to mix criminal law enforcement with the FAA's
administrative safety enforcement function, the public interest is best served by coordinating
and fostering mutual understanding and cooperation between governmental entities with Law
Enforcement responsibilities. Although there are Federal criminal statutes that may be
At least in teens of initial contact with the suspected offender.
s Applying any laws falling within the enforcement authority of the LEA in question.
rel
implicated by some UAS operations (e.g., 49 U.S.C. § 46307), most violations of the FAA's
regulations may be addressed through administrative enforcement measures. As with any other
civil or criminal adjudication, successful enforcement will depend on development of a
complete and accurate factual report contemporaneous with the event.
Although certainly not an exhaustive list, Law Enforcement officials, first responders, and
others can provide invaluable assistance to the FAA and help deter unsafe UAS operations by
taking the actions outlined below:
(1) Witness Identification and Interviews. Local Law Enforcement is in the best
position to identify potential witnesses and conduct initial interviews, documenting
what they observed while the event is still fresh in their minds. In addition, local
Law Enforcement is in an optimum position to secure all information necessary for
FAA safety inspectors to contact these witnesses in any subsequent FAA
investigation. Administrative proceedings often involve very technical issues;
therefore, we expect our own safety inspectors will need to re -interview most
witnesses. We are mindful that in many jurisdictions, State law may prohibit the
transmission of witness statements to third parties, including the FAA. In those
circumstances, it is extremely important the FAA be able to locate and conduct
independent interviews of witnesses.
(2) Identification of Operators. Law Enforcement is in the best position to locate the
suspected operators of the aircraft, and any participants or support personnel
accompanying the operators. Registration information collected from the device or
from the operator can aid in identification and enforcement efforts by the FAA. We
continue to identify operators engaged in commercial operations who have not
received authorization from the FAA to do so. However, in our enforcement
proceedings, we bear the burden of proof, and showing who actually operated the
UAS is critical. Therefore, evidentiary thresholds must be met even when using
data or video acquired via the internet. Likewise, the purpose for the operation
(such as in support of a commercial venture, to further some business interest, or to
secure compensation for their services) may become an important element in
determining what regulations, if any, may have been violated by the operation.
Identification and interview of suspected operators early on will help immeasurably
to advance enforcement efforts.
(3) Viewing and Recording the Location of the Event. Pictures taken in close
proximity to the event are often helpful in describing light and weather conditions,
any damage or injuries, and the number and density of people on the surface,
particularly at public events or in densely populated areas. During any witness
interviews, use of fixed landmarks that may be depicted on maps, diagrams or
photographs immeasurably help in fixing the position of the aircraft, and such
landmarks also should be used as a way to describe lateral distances and altitude
above the ground, structures or people (e.g., below the third floor of Building X;
below the top of the oak tree located Y; or any similar details that gives reference
points for lay witnesses).
(4) Identifying Sensitive Locations, Events, or Activities. The FAA maintains a
variety of security -driven airspace restrictions around the country to help protect
7
sensitive locations, events, and activities through TFRs, Prohibited Areas, and other
mechanisms such as the Washington, DC, Flight Restricted Zone (DC FRZ). UAS
operations, including Model Aircraft flights, are generally prohibited within these
defined volumes of airspace. LEAs should become familiar with the steady-state
airspace restrictions active within their area of responsibility, along with as -needed
TFRs, which could be instituted to help protect sensitive events (e.g., major
gatherings of elected officials) and activities (e.g., Presidential movements). If
there is any question as to whether a TFR has been established in a given location,
contact the nearest air traffic facility or flight service station for further information
or visit http://tfr.faa.gov/tfr2/list.litml for a graphic representation of TFRs locatable
by state and effective dates.
(5) Notification. Immediate notification of an incident, accident or other suspected
violation to one of the FAA Regional Operation Centers (ROC) located around the
country is valuable to the timely initiation of the FAA's investigation. These
centers are manned 24 hours a day, 7 days a week with personnel who are trained in
how to contact appropriate duty personnel during non -business hours when there
has been an incident, accident, or other matter that requires timely response by
FAA employees. A list of these centers and telephone numbers is included as
Attachment B to this letter. FAA Law Enforcement Assistance Program (LEAP)
Special Agents are also available to provide investigation support. LEAP Special
Agent contact information is included as Attachment C to this letter.
(6) Evidence Collection. Identifying and preserving any public or private security
systems that may provide photographic or other visual evidence of UAS operations,
including video or still picture security systems, can provide essential evidence to
the FAA. Many times these systems do not permanently store information but erase
it as the system recycles at a given interval. Local Law Enforcement is in the best
position to inquire and make initial requests to identify and preserve this form of
evidence or obtain legal process for securing this evidence in the context of an
investigation of a possible violation of state criminal law. In addition, all UAS that
weigh more than 0.55 pounds and are operated in the NAS must be registered with
the FAA and must display identification numbers signifying FAA registration, and
individuals operating a UAS must carry, in paper or electronic form, an FAA -issued
aircraft registration certificate. Note that identification numbers may not be
conspicuous from a distance because of the size and non-traditional configuration
of some UAS.
You can search the registration database for UAS assigned an "N -number" by using
the "Look up N -numbers" search box on the FAA's homepage: www. faa.gov.
UAS that have been assigned an "FA -number" registration can be verified by
contacting your FAA LEAP Special Agent (See Attachment Q.
Other investigative methods also may prove useful, such as consensual examination of the
UAS, equipment trailers, and documentation. However, other Law Enforcement processes,
such as arrest and detention or non-consensual searches almost always fall outside of the
allowable methods to pursue administrative enforcement actions by the FAA unless they are
truly a by-product of a State criminal investigation. We do not mean to discourage use of these
methods and procedures where there is an independent basis for law enforcement officers to
use them under State or local law. We simply wish to emphasize that work products intended
for FAA use generally should involve conventional administrative measures such as witness
interviews, "stop and talk" sessions with suspected violators, consensual examination of
vehicles and equipment, and other methods that do not involve court orders or the potential use
of force by Law Enforcement personnel.
It is extremely difficult to provide a "one size fits all" guide to cooperative investigation of
suspected unauthorized UAS operations considering the myriad jurisdictions and the
associated statutory and constitutional restraints and requirements. State and local officials are
urged to use their governmental unit's legal resources and their own management chain to
develop acceptable protocols for dealing with these instances. In some situations, there may be
legal bars to the sharing of some information or the use of databases designed for conventional
Law Enforcement. However, with appropriate data collection during first responses and early
reporting to the FAA, Federal, State and local agencies will be in the best position to both
collect and share information that may be of interest to each jurisdiction. FAA aviation safety
inspectors are adept at coordination with our own legal resources to ensure unauthorized UAS
operators are properly accountable for the potential risk they create to both people and
property. In addition, we have specially trained inspectors within the FAA UAS Integration
Office who can provide expertise in this area.
If you have any questions or your agency would like to pursue advance planning on how to
address these situations, please feel free to contact your local FAA LEAP Special Agent or the
FAA's Law Enforcement Assistance Program Office at (202) 267-4641 or (202) 267-2480.
Attachment A.
Excerpts
9
Presidential FDC 4/7607 ZBW RI..AIRSPACE PROVIDENCE, RHODE ISLAND..TEMPORARY
FLIGHT RESTRICTIONS. OCTOBER 16, 2014 LOCAL. THIS NOTAM REPLACES
Movements NOTAM 4/7600 DUE TO SCHEDULE CHANGE. PURSUANT TO 49 USC 40103(B
THE FEDERAL AVIATION ADMINISTRATION (FAA) CLASSIFIES THE AIRSPACE
DEFINED IN THIS NOTAM AS 'NATIONAL DEFENSE AIRSPACE'. PILOTS WHO
DO NOT ADHERE TO THE FOLLOWING PROCEDURES MAY BE INTERCEPTEC
DETAINED AND INTERVIEWED BY LAW ENFORCEMENT/SECURITY
PERSONNEL. ANY OF THE FOLLOWING ADDITIONAL ACTIONS MAY ALSO BE
TAKEN AGAINST A PILOT WHO DOES NOT COMPLY WITH THE
REQUIREMENTS OR ANY SPECIAL INSTRUCTIONS OR PROCEDURES
ANNOUNCED IN THIS NOTAM:
A) THE FAA MAY TAKE ADMINISTRATIVE ACTION, INCLUDING IMPOSING CIVI
PENALTIES AND THE SUSPENSION OR REVOCATION OF AIRMEN
CERTIFICATES; OR
B) THE UNITED STATES GOVERNMENT MAY PURSUE CRIMINAL CHARGES,
INCLUDING CHARGES UNDER TITLE 49 OF THE UNITED STATES CODE,
SECTION 46307; OR
C) THE UNITED STATES GOVERNMENT MAY USE DEADLY FORCE AGAINST
THE AIRBORNE AIRCRAFT, IF IT IS DETERMINED THAT THE AIRCRAFT POSE
AN IMMINENT SECURITY THREAT.
C. THE FOLLOWING OPERATIONS ARE NOT AUTHORIZED WITHIN THIS TFR:
FLIGHT TRAINING, PRACTICE INSTRUMENT APPROACHES, AEROBATIC
FLIGHT, GLIDER OPERATIONS, SEAPLANE OPERATIONS, PARACHUTE
OPERATIONS, ULTRALIGHT, HANG GLIDING, BALLOON OPERATIONS,
AGRICULTURE/CROP DUSTING, ANIMAL POPULATION CONTROL FLIGHT
OPERATIONS, BANNER TOWING OPERATIONS, SIGHTSEEING
OPERATIONS,MAINTENANCE TEST FLIGHTS, MODEL AIRCRAFT
OPERATIONS, MODEL ROCKETRY, UNMANNED AIRCRAFT SYSTEMS WAS).
AND UTILITY AND PIPELINE SURVEY OPERATIONS
m
Excerpts
DC FRZ FDC 0/8326 ZDC PART 1 OF 10 FLIGHT RESTRICTIONS, WASHINGTON, DC,
EFFECTIVE 1012010401 UTC UNTIL FURTHER NOTICE. THIS NOTICE WILL
REPLACE NOTAM 0/9477 DUE TO A CHANGE IN RESTRICTIONS. THIS NOTAM
AND A NOTAM FOR THE LEESBURG MANEUVERING AREA SUPPLEMENT
SUBPART V, 14 CFR PART 93 FOR THE WASHINGTON, D.C. SPECIAL FLIGHT
RULES AREA (DC SFRA). PURSUANT TO 49 USC 40103(B), THE FAA HAS
ESTABLISHED THE DC SFRA AREA AS'NATIONAL DEFENSE AIRSPACE. ANY
PERSON WHO DOES NOT COMPLY WITH THE REQUIREMENTS APPLICABLE
TO THE DC SFRA MAY BE INTERCEPTED, DETAINED AND INTERVIEWED BY
LAW ENFORCEMENT/SECURITY PERSONNEL. ANY OF THE FOLLOWING
ADDITIONAL ACTIONS MAY ALSO BE TAKEN AGAINST A PILOT WHO DOES
NOT COMPLY WITH THE REQUIREMENTS OR ANY SPECIAL INSTRUCTIONS
OR PROCEDURES ANNOUNCED IN THIS NOTAM: A) THE FAA MAY TAKE
ADMINISTRATIVE ACTION, INCLUDING IMPOSING CIVIL PENALTIES AND THE
SUSPENSION OR REVOCATION OF AIRMEN CERTIFICATES; B) THE UNITED
STATES GOVERNMENT MAY PURSUE CRIMINAL CHARGES, INCLUDING
CHARGES UNDER TITLE 49 OF THE UNITED STATES CODE, SECTION 46307;
C) THE UNITED STATES GOVERNMENT MAY USE DEADLY FORCE AGAINST
THE AIRBORNE AIRCRAFT, IF IT IS DETERMINED THAT THE AIRCRAFT POSE
AN IMMINENT SECURITY THREAT.
A. THE FOLLOWING OPERATIONS ARE NOT AUTHORIZED WITHIN THE DC
FRZ: FLIGHT TRAINING, AEROBATIC FLIGHT, PRACTICE INSTRUMENT
APPROACHES, GLIDER OPERATIONS, PARACHUTE OPERATIONS, ULTRA
LIGHT, HANG GLIDING, BALLOON OPERATIONS, TETHERED BALLOONS,
AGRICULTURE/CROP DUSTING, ANIMAL POPULATION CONTROL FLIGHT
OPERATIONS, BANNER TOWING OPERATIONS, MAINTENANCE TEST
FLIGHTS, MODEL AIRCRAFT OPERATIONS, MODEL ROCKETRY FLOAT
PLANE OPERATIONS, UNMANNED AIRCRAFT SYSTEMS WAS) AND
AIRCRAFT/HELICOPTERS OPERATING FROM A SHIP OR
PRIVATE/CORPORATE YACHT. B. IT IS HIGHLY RECOMMENDED THAT A
PILOT CONTINUOUSLY MONITOR VHF FREQUENCY 121.5 OR UHF
FREQUENCY 243.0 FOR EMERGENCY INSTRUCTIONS WHEN OPERATING AN
AIRCRAFT IN THE DC FRZ, EITHER IN AN AIRCRAFT THAT IS SUITABLY
EQUIPPED, OR BY USE OF PORTABLE EQUIPMENT.
Avoidance of Power FDC 4/0811 SPECIAL NOTICE. THIS IS A RESTATEMENT OF A PREVIOUSLY
Plants, etc. (Applied to a, ISSUED ADVISORY NOTICE. IN THE INTEREST OF NATIONAL SECURITY AND
Aircraft, including UAS) TO THE EXTENT PRACTICABLE, PILOTS ARE STRONGLY ADVISED TO AVOID
THE AIRSPACE ABOVE, OR IN PROXIMITY TO SUCH SITES AS POWER
PLANTS (NUCLEAR, HYDRO -ELECTRIC, OR COAL), DAMS, REFINERIES,
INDUSTRIAL COMPLEXES, MILITARY FACILITIES AND OTHER SIMILAR
FACILITIES. PILOTS SHOULD NOT CIRCLE AS TO LOITER IN THE VICINITY
OVER THESE TYPES OF FACILITIES.
Excerpts
Select Sporting Events FDC 4/3621 FDC SPECIAL SECURITY NOTICE. SPORTING EVENTS. THIS
NOTAM REPLACES FDC NOTAM 9/5151 TO REFLECT A TSA WEBSITE UPDATI
AND ADDITIONAL INFORMATION CONCERNING AIRSPACE WAIVERS. FLIGHT
RESTRICTIONS IN THIS NOTAM COMPLY WITH STATUTORY MANDATES
DETAILED IN SECTION 352 OF PUBLIC LAW 108-7 AS AMENDED BY SECTION
521 OF PUBLIC LAW 108-199. PURSUANT TO 49 USC 40103(B), THE FEDERAL
AVIATION ADMINISTRATION (FAA) CLASSIFIES THE AIRSPACE DEFINED IN
THIS NOTAM AS 'NATIONAL DEFENSE AIRSPACE'. ANY PERSON WHO
KNOWINGLY OR WILLFULLY VIOLATES THE RULES PERTAINING TO
OPERATIONS IN THIS AIRSPACE MAY BE SUBJECT TO CERTAIN CRIMINAL
PENALTIES UNDER 49 USC 46307. PILOTS WHO DO NOT ADHERE TO THE
FOLLOWING PROCEDURES MAY BE INTERCEPTED, DETAINED AND
INTERVIEWED BY LAW ENFORCEMENT/SECURITY PERSONNEL. PURSUANT
TO 14 CFR SECTION 99.7, SPECIAL SECURITY INSTRUCTIONS, COMMENCIN(
ONE HOUR BEFORE THE SCHEDULED TIME OF THE EVENT UNTIL ONE HOUF
AFTER THE END OF THE EVENT. ALL AIRCRAFT OPERATIONS; INCLUDING
PARACHUTE JUMPING, UNMANNED AIRCRAFT AND REMOTE CONTROLLED
AIRCRAFT, ARE PROHIBITED WITHIN A 3 NMR UP TO AND INCLUDING 3000 F'
AGL OF ANY STADIUM HAVING A SEATING CAPACITY OF 30,000 OR MORE
PEOPLE WHERE EITHER A REGULAR OR POST SEASON MAJOR LEAGUE
BASEBALL, NATIONAL FOOTBALL LEAGUE, OR NCAA DIVISION ONE
FOOTBALL GAME IS OCCURRING. THIS NOTAM ALSO APPLIES TO NASCAR
SPRINT CUP, INDY CAR, AND CHAMP SERIES RACES EXCLUDING
QUALIFYING AND PRE -RACE EVENTS. FLIGHTS CONDUCTED FOR
OPERATIONAL PURPOSES OF ANY EVENT, STADIUM OR VENUE AND
BROADCAST COVERAGE FOR THE BROADCAST RIGHTS HOLDER ARE
AUTHORIZED WITH AN APPROVED AIRSPACE WAIVER. AN FAA AIRSPACE
WAIVER DOES NOT RELIEVE OPERATORS FROM OBTAINING ALL OTHER
NECESSARY AUTHORIZATIONS AND COMPLYING WITH ALL APPLICABLE
FEDERAL AVIATION REGULATIONS. THE RESTRICTIONS DESCRIBED ABOVE
DO NOT APPLY TO THOSE AIRCRAFT AUTHORIZED BY AND IN CONTACT
WITH ATC FOR OPERATIONAL OR SAFETY OF FLIGHT PURPOSES,
DEPARTMENT OF DEFENSE, LAW ENFORCEMENT, AND AIR AMBULANCE
FLIGHT OPERATIONS. ALL PREVIOUSLY ISSUED WAIVERS TO FDC NOTAM
9/5151 REMAIN VALID UNTIL THE SPECIFIED END DATE BUT NOT TO EXCEEE
90 DAYS FOLLOWING THE EFFECTIVE DATE OF THIS NOTAM. INFORMATION
ABOUT AIRSPACE WAIVER APPLICATIONS AND TSA SECURITY
AUTHORIZATIONS CAN BE FOUND AT
HTTP:/MNWV.TSA.GOV/STAKEHOLDERS/AIRSPACE-WAIVERS-0 OR BY
CALLING TSA AT 571-227-2071. SUBMIT REQUESTS FOR FAA AIRSPACE
WAIVERS AT HTTPS://WAIVERS. FAA. GOV
12
Excerpts
Disney Theme Parks FDC 4/XXXX ZZZ SECURITY SPECIAL NOTICE DISNEY WORLD THEME PARK
ORLANDO FL THIS NOTAM REPLACES NOTAM 9/4985 TO REFLECT A TSA
WEBSITE UPDATE AND ADDITIONAL INFORMATION CONCERNING AIRSPACE
WAIVERS. FLIGHT RESTRICTIONS IN THIS NOTAM COMPLY WITH
STATUTORY MANDATES DETAILED IN SECTION 352 OF PUBLIC LAW 108-7 A:
AMENDED BY SECTION 521 OF PUBLIC LAW 108-199. PURSUANT TO 49 USC
40103(8), THE FEDERAL AVIATION ADMINISTRATION (FAA) CLASSIFIES THE
AIRSPACE DEFINED IN THIS NOTAM AS'NATIONAL DEFENSE AIRSPACE'. AN'
PERSON WHO KNOWINGLY OR WILLFULLY VIOLATES THE RULES
PERTAINING TO OPERATIONS IN THIS AIRSPACE MAY BE SUBJECT TO
CERTAIN CRIMINAL PENALTIES UNDER 49 USC 46307. PILOTS WHO DO NOT
ADHERE TO THE FOLLOWING PROCEDURES MAY BE INTERCEPTED,
DETAINED AND INTERVIEWED BY LAW ENFORCEMENT/SECURITY
PERSONNEL. PURSUANT TO 14 CFR SECTION 99.7, SPECIAL SECURITY
INSTRUCTIONS, ALL AIRCRAFT FLIGHT OPERATIONS TO INCLUDE
UNMANNED AND REMOTE CONTROLLED AIRCRAFT ARE PROHIBITED WITHII
A 3 NMR OF 282445N/0813420W OR THE ORL238014.8 UP TO AND INCLUDING
3000 FT AGL. THE RESTRICTIONS DO NOT APPLY TO THOSE AIRCRAFT
AUTHORIZED BY AND IN CONTACT WITH ATC FOR OPERATIONAL OR SAFET
OF FLIGHT PURPOSES, AND DEPARTMENT OF DEFENSE, LAW
ENFORCEMENT, AND AIR AMBULANCE FLIGHT OPERATIONS. FLIGHTS
CONDUCTED FOR OPERATIONAL PURPOSES OF ANY DISNEY WORLD EVEN'
AND VENUE ARE AUTHORIZED WITH AN APPROVED WAIVER. AN FAA
AIRSPACE WAIVER DOES NOT RELIEVE OPERATORS FROM OBTAINING ALL
OTHER NECESSARY AUTHORIZATIONS AND COMPLYING WITH ALL
APPLICABLE FEDERAL AVIATION REGULATIONS. ALL PREVIOUSLY ISSUED
WAIVERS TO FDC NOTAM 4/4985 REMAIN VALID UNTIL THE SPECIFIED END
DATE BUT NOT TO EXCEED 90 DAYS FOLLOWING THE EFFECTIVE DATE OF
THIS NOTAM. INFORMATION ABOUT AIRSPACE WAIVER APPLICATIONS AND
TSA SECURITY AUTHORIZATIONS CAN BE FOUND AT
HTTP:/MMM/.TSA.GOV/STAKEHOLDERS/AIRSPACE-WAIVERS-0 OR BY
CALLING TSA AT 571-227-2071. SUBMIT REQUESTS FOR FAA AIRSPACE
WAIVERS AT HTTP.S:/M/AIVERS.FAA. GOV
13
Attachment B.
AK, AZ, CA, CO, HI, ID, MT, NV, OR, UT, 425-227-1999 9-WSA-OPSCTR@faa.gov
WA and WY
AR, IA, IL, IN, KS, LA, MI, MN, MO, ND, NE, 817-222-5006 9-CSA-ROC@faa.gov
NM, OH, OK, SD, TX and WI
AL, CT, FL, GA, KY, MA, ME, MS, NC, NH, 404-305-5180 9-ASO-ROC@faa.gov
PR, RI, SC, TN, VI and VT
DC, DE, MD, NJ, NY, PA, VA and WV 404-305-5150 7-AEA-ROC@faa.gov
2
Attachment C.
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AWNED ANCRAFT SYSTEM
XO LWATIONS
1
How to report Drone Violations to the FAA: **DRAFT**
0 Basic Law Enforcement Response D.R.O.N.E.
Direct attention outward and upward, attempt to locale and identify individuals operating
the drone. (Look at windows/balconies/roof tops).
Report Incident to the FAA Regional Operations Center (ROC). Follow-up assistance can be
obtained through FAA Law Enforcement Assistance Program special agents.
Observe the LAS and maintain visibility of the device, look for damage or injured individuals.
Note: Battery life is typically 20 to 30 minutes.
Notice features: Identify the type of device (fixed-wing/multi-rotor). its size, shape, color,
payload (i.e., video equipment), and activity of device.
Execute appropriate police action: Maintain a safe environment for general public and first
responders. Conduct a field interview and document ALL details of the event per the
guidance provided by the FAA. www.faa.gov/uas/resources/law_enforcement/
Always follow agency policies - Take appropriate action based on the /acts and circumstances of the incident and sife/ama-
specific laws and rules. The FAA's enforcement action does NOT impact ANY enforcement action/s taken by law enforcement.
Local ordinances that may apply include, but are not limited to: Reckless endangerment, criminal mischief, voyeurism,
inciting violence.
FAA Drone Incident Reporting
Document
• Identity of operators and witnesses (name, contact information)
• Type of operation (hobby, commercial, public/governmental)
• Type of devices) and registration information (number/certificate)
• Event location and incident details (date. time, place)
• Evidence collection (photos, video, device confiscation)
Contact your FAA LEAP agent or an FAA Operations
FACILITY STATES PHONE NUMBER EMAIL
Western ROC AK. AZ, CA. CO. H1. 11). MT, NV. OR, UT. WA and WY 425-227-1999 9-WSA-OPSCTR@faa.gov
Central ROC AR. IA, IL, IN, K5, LA, MI, MN, MO. NO. NE, NM, OH, 817-222-5006 9-CSA-ROC@faa.gov
OK, 50, TX and WI
East ROC AL, CT, FL. GA, KY, MA, ME, MS, NC. NH, PR, RI, SC, 404-305-5180 9-ESA-ROC@faa.gov
TN. VI and VT
East ROC OC. OE, M0, NJ. NY, PA, VA and WV 404-305-5150 9-ESA-ROC@faa.gov
Interference with Public safety operations
CALIFORNIA PENAL CODE PART 1. OF CRIMES AND PUNISHMENTS [25 -
680] ( Part 1 enacted 1872. )
TITLE 10. OF CRIMES AGAINST THE PUBLIC HEALTH AND SAFETY
[369a - 402c] ( Title 10 enacted 1872. )
402.
(a) (1) Every person who goes to the scene of an emergency, or stops at
the scene of an emergency, for the purpose of viewing the scene or the
activities of police officers, firefighters, emergency medical, or other
emergency personnel, or military personnel coping with the emergency
in the course of their duties during the time it is necessary for emergency
vehicles or those personnel to be at the scene of the emergency or to be
moving to or from the scene of the emergency for the purpose of
protecting lives or property, unless it is part of the duties of that person's
employment to view that scene or those activities, and thereby impedes
police officers, firefighters, emergency medical, or other emergency
personnel or military personnel, in the performance of their duties in
coping with the emergency, is guilty of a misdemeanor.
(2) For purposes of this subdivision, a person shall include a person,
regardless of his or her location, who operates or uses an unmanned
aerial vehicle, remote piloted aircraft, or drone that is at the scene of an
emergency.
(b) Every person who knowingly resists or interferes with the lawful
efforts of a lifeguard in the discharge or attempted discharge of an
official duty in an emergency situation, when the person knows or
reasonably should know that the lifeguard is engaged in the performance
of his or her official duty, is guilty of a misdemeanor.
(c) For the purposes of this section, an emergency includes a condition or
situation involving injury to persons, damage to property, or peril to the
safety of persons or property, which results from a fire, an explosion, an
airplane crash, flooding, windstorm damage, a railroad accident, a traffic
accident, a powerplant accident, a toxic chemical or biological spill, or
any other natural or human -caused event.
(Amended by Stats. 2016, Ch. 817, Sec. 1. Effective January 1, 2017,)
Small Unmanned Aircraft System (UAS) Guide
What is a UAS: ***DRAFT DOCUMENT****
An unmanned aircraft system is an unmanned aircraft and
the equipment necessary for the safe and efficient
operation of that aircraft. An unmanned aircraft is a
component of a UAS. It is defined by statute as an aircraft
that is operated without the possibility of direct human
intervention from within or on the aircraft (Public Law 112-
95, Section 331(8)). Reference: www.faa.gov/uas/fags/
What are the requirements to operate a UAS in The City of
Newport Beach:
Reference: www.faa.gov/uas/getting_started/
"*"Denotes activities that can be flown under FAA waiver
How to Contact UAS Pilot:
1. Ask operator to land the aircraft
2. Explain that there have been complaints
3. Ask if operator has tower approval to fly with 5 miles of KSNA
4. If it is a commercial operation ask for proof of UAS operator's
license
5. If operator fails to comply with commands, instruct them that
their information will be forwarded to the FAA as a possible
violation
Fly For Fun
Fly For Work
No pilot requirements
Must have Remote Pilot
Airman
Pilot
Certificate
Requirements
Must be 16 years old
Must pass TSA vetting
No registration required
Must be less than 55 lbs.
Must be registered if over
0.55
lbs. (online)
Aircraft
Must undergo pre-flight
Requirements
check to
ensure UAS is in
condition for
safe operation
Location
Must contact John Wayne
Must contact John Wayne
Requirements
Tower for approval
Tower for approval
Must ALWAYS yield right
Must keep the aircraft in
of way to manned aircraft
sight
Must keep the aircraft in
(visual line -of -sight)*
sight (visual line -of -sight)
Must fly under 400 feet*
UAS must be under 55
Must fly during the day*
lbs.
Must fly at or below 100
if flying as a Model
mph*
Aircraft, must follow
Must yield right of way to
Operating
community based
manned
Rules
safety guidelines (ex:
aircraft*
AMA)
Must NOT fly over
Must receive approval
people*
from airport and air
Must NOT fly from a
traffic control tower
moving
before
vehicle*
flying within 5 miles of
John Wayne KSNA Airport
Educational or
Flying for commercial use
recreational flying only
(e.g.
Example
Flying incidental to a
Applications
business
(e.g. doing roof
inspections or
real estate photography)
Legal or
Public Law 112-95,
Title 14 of the Code of
Regulatory
Section 336
Federal
Basis
Regulation (14 CFR) Part
107
Reference: www.faa.gov/uas/getting_started/
"*"Denotes activities that can be flown under FAA waiver
How to Contact UAS Pilot:
1. Ask operator to land the aircraft
2. Explain that there have been complaints
3. Ask if operator has tower approval to fly with 5 miles of KSNA
4. If it is a commercial operation ask for proof of UAS operator's
license
5. If operator fails to comply with commands, instruct them that
their information will be forwarded to the FAA as a possible
violation