FAA Regulation of Drones: The FAA’s Small UAS Rule (Part 107) and What It Means for Business and Commercial Drone Operations: 2016 Update

(128 Ratings)

Produced on: September 28, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 93 minutes
Difficulty Intermediate

This update course presented by Hogan Lovells UAS Global Practice Co-Chair and Aviation practice Partner E. Tazewell Ellett and Aviation practice Counsel Pat Rizzi. They explain the FAA Final Small UAS Rule (Part 107), which became effective in August 2016, and the status of the FAA’s “Section 333” Exemption process.

While the FAA previously provided several very limited options for the lawful operation of drones in the United States, the FAA’s adoption of Part 107 provides a significantly more user-friendly alternative for the business and commercial use of drones, an alternative which is likely to spur tremendous growth in the business use of drones. This course focuses on the details of Part 107, the authorizations as well as the limitations it provides, the option of obtaining waivers under the rule, and the interaction of Part 107 and Section 333 Exemptions granted by the FAA.  Practical tips are provided regarding how to navigate the FAA processes in order to maximize your flexibility to conduct the type of UAS operation that best serves your business goals. 


Learning Objectives: 
  1. Learn the history and current status of the FAA’s Section 333 petition for exemption process
  2. Understand the FAA Final Small UAS Rule (Part 107), including what it permits and prohibits, and what it requires for Small UAS operators conducting Part 107 operations
  3. Learn about the option of obtaining waivers from certain sections of Part 107, the process for obtaining waivers, and what needs to be demonstrated to the FAA in order to justify a waiver
  4. Understand the interaction of Part 107 and Section 333 Exemptions
  5. Learn how to start up a Small UAS operation under the authority of Part 107


Faculty

E. Tazewell Ellett

Hogan Lovells

Ted Ellett is the Practice Administrator of the firm's Aviation Group, which since 2006 has been recognized as a first tier national aviation regulatory practice by Chambers USA: America’s Leading Lawyers for Business. He also is the Chair of the firm’s multidisciplinary Unmanned Aircraft Systems (UAS) Group and its Aviation Law Director.

 

Mr. Ellett's practice focuses on aviation administrative, regulatory, business, legislative, enforcement, and environmental matters. His federal government-related advocacy involves representation before the Congress and a number of federal agencies, including the U.S. Department of Transportation, Federal Aviation Administration (FAA), National Transportation Safety Board (NTSB), Departments of State, Commerce, and Homeland Security, and Transportation Security Administration. He has been ranked by Chambers USA: America’s Leading Lawyers for Business as a leading individual in the aviation regulatory category since 2006.

 

Mr. Ellett represents a full spectrum of U.S. and foreign aviation clients, including aircraft, engine, and component manufacturers; passenger and cargo airlines; fractional ownership programs and other business aircraft operators; maintenance and service organizations; airports and airport-related businesses; financial organizations; state and local governments; and national trade associations.

 

For several years Mr. Ellett has had an active practice advising UAS manufacturers and operators, as well as companies and entrepreneurs developing creative uses for UASs and new business models based on the extraordinary capabilities of UASs.

 

Mr. Ellett has served as a leading spokesman regarding the regulation of aircraft fractional ownership program and other types of business aircraft operations in the U.S. and other countries. He has served as counsel to several multinational original equipment manufacturers (OEM's) in matters relating to the regulation of OEM's and holders of "parts manufacturer approvals," airworthiness certification, and continuing airworthiness. Mr. Ellett has advised airlines and aircraft and engine manufacturers on numerous NTSB and foreign aircraft accident investigations. He also has represented airports and airport-related businesses on airport regulatory, grant agreement compliance, and airport development matters.

 

Mr. Ellett is a former Chief Counsel of the FAA, a former Special Counsel to the Administrator of the FAA, and a former Special Assistant to a Member of the NTSB. As FAA Chief Counsel he was responsible for the development of the agency's policies and positions on all significant legal matters. Prior to his government service he was an associate at Hogan & Hartson for four years and a law clerk to The Honorable Stanley S. Harris of the District of Columbia Court of Appeals.

 

Mr. Ellett is a member of the National Business Aviation Association’s Regulatory Issues Advisory Committee and a former member of the Tax Committee. He also is a former member of the Board and past President of the Aero Club of Washington.

 

Mr. Ellett is active in professional and charitable organizations. He is a past President of The Virginia Bar Association, and a former Chairman of the Transportation Section for both the Federal Bar Association and The Virginia Bar Association. He is The Virginia Bar Association's delegate to the American Bar Association's House of Delegates, and a former member of the ABA's Constitution and Bylaws Committee. Mr. Ellett has served as a Big Brother, as a member of the Board of Directors for the Big Brothers of the National Capital Area, Inc., and as President of the Northern Virginia Council of the Big Brothers. He is a past President of the Board of the Northern Virginia New Neighbors Education Center. He also has served as Register and a member of the Vestry of Christ Church in Alexandria, Virginia, and as the Vice President and a member of the Board of Trustees of the Christ Church Foundation. 

 

RECENT PRESENTATIONS

18 SEPTEMBER 2014

"The Evolving Legal Landscape for Unmanned Aircraft Systems," Panel Discussion, American Bar Association Forum on Air and Space Law Annual Meeting, Montreal, Quebec 

 

HOGAN LOVELLS PUBLICATIONS

18 FEBRUARY 2015

"White House Releases Memorandum on Safeguarding Privacy, Civil Rights, and Civil Liberties in the Domestic Use of Unmanned Aircraft Systems." Unmanned Aircraft Systems and Privacy Alert, Hogan Lovells 

 

12 FEBRUARY 2015

"The FAA Has Issued Five More Exemptions for Commercial Use of Unmanned Aircraft Systems (UAS)." Unmanned Aircraft Systems Alert, Hogan Lovells 

 

06 FEBRUARY 2015

"The FAA Has Issued Five More Exemptions for Commercial Use of Unmanned Aircraft Systems." Unmanned Aircraft Systems Alert, Hogan Lovells 

 

27 JANUARY 2015

"New FAA Exemptions for Commercial Use of Unmanned Aircraft Systems." Unmanned Aircraft Systems Alert, Hogan Lovells 

 

23 DECEMBER 2014

"Legislative Proposal on Privacy and Commercial Use of Unmanned Aircraft Systems Provides Potential Roadmap for Regulation." 

 

15 DECEMBER 2014

"FAA Exemptions for Business or Commercial Use of Unmanned Aircraft Systems." Government Regulatory Alert, Hogan Lovells 

 

25 NOVEMBER 2014

"NTSB Holds That Unmanned and Model Aircraft Are "Aircraft" Subject to the FAA Regulatory Prohibition Against "Careless and Reckless" Operation, Reversing the ALJ's Decision in the Pirker Case." Aviation Alert, Hogan Lovells 

 

27 OCTOBER 2014

"Launch of Unmanned Aircraft Systems Group." Hogan Lovells Alert, Hogan Lovells 

 

14 OCTOBER 2014

"Federal Aviation Administration grants exemptions for commercial use of unmanned aircraft systems." Aviation Alert, Hogan Lovells 

 

21 APRIL 2011

"Enhancing airline passenger protections rule." Aviation Alert, Hogan Lovells 

 

PUBLISHED WORKS

SEPTEMBER 2014

"Huerta v. Pirker: FAA’s Regulation of Innovative Technology on Trial." The Air & Space Lawyer, American Bar Association 

 

AUGUST 2014

"FAA Regulation of Airports." Aviation Regulation in the United States, American Bar Association, co-author 

 

22 APRIL 2014

"Time to Rethink UAS in the U.S." Avionics Today 

Patrick R. Rizzi

Hogan Lovells

Pat Rizzi's practice focuses on aviation regulatory law, aviation litigation, aviation transactions, and complex litigation. He has extensive transportation regulatory experience, advising passenger and cargo airlines, airports, infrastructure and development companies, on-demand air taxi operators, aerospace manufacturers, unmanned aircraft system operators, banks, investment firms, and government agencies on international and domestic aviation regulatory issues. He advises clients in areas such as operations, compliance, customer service, licensing, advertising, airport access, comparative selection proceedings, international route rights, alliances, marketing arrangements, aviation-related transactions, government investigations, airport privatization, and airline/aviation financing transactions, among others.

 

He also has a substantial amount of federal court and administrative litigation experience on behalf of aviation clients, as well as complex litigation experience primarily defending corporate clients in class action and complex lawsuits in federal and state courts throughout the United States.

 

Prior to joining Hogan & Hartson (now Hogan Lovells), Pat spent over 13 years in the Washington, D.C. office of another major international law firm. 

 

REPRESENTATIVE EXPERIENCE

Represented clients before the U.S. Department of Transportation (DOT) on various matters, including international route authority proceedings, domestic airport access, consumer-related rulemakings, transactions, and investigations.

Regularly counseled aviation clients on operational and compliance issues under U.S. aviation regulations and laws, including safety, competition, licensing, advertising, customer service, and airline alliances, and on proposed aviation-related rulemakings by U.S. government agencies.

Formulated advocacy strategies and drafted filings about aviation issues for submission to various government agencies, including the DOT, Federal Aviation Administration (FAA), Customs and Border Protection, Transportation Security Administration, Canadian Transportation Agency, and Transport Canada.

Defended clients in enforcement investigations and related proceedings instituted by the DOT and FAA.

Counseled air carriers, aerospace/aviation companies, banks, and investment firms regarding financing transactions and restructuring issues for airlines and repair stations.

Counseled airports on AIP and PFC issues, land usage, minimum standards, federal grant assurances, operational and other compliance issues, and FAA audits.

Advised financial and infrastructure companies on airport privatizations.

Advised companies on regulations, rulemakings, acquisitions, and compliance involving unmanned aircraft systems (UAS).

Counseled governments on civil aviation policy.

Represented new entrant carriers seeking initial certificate authority from the DOT.

Represented airlines in federal court litigation involving regulatory issues.

Republic Airline Inc. v. U.S. Dep’t of Transportation, 669 F.3d 296 (D.C. Cir. 2012) (granting airline’s petition for review and vacating DOT Order withdrawing slot exemptions from airline)

Northern Air Cargo v. U.S. Postal Service and Peninsula Airways, 674 F.3d 852 (D.C. Cir. 2012)

Northern Air Cargo v. U.S. Postal Service and Peninsula Airways, 789 F. Supp.2d 120 (D.D.C. 2011)

Northern Air Cargo v. U.S. Postal Service and Peninsula Airways, 741 F. Supp.2d 41 (D.D.C. 2010) 

Defended companies in the automobile industry in class action and complex commercial litigation.*

Ford Motor Co. v. Sheldon, 22 S.W.3d 444 (Tex. 2000) (de-certifying class)*; Ford Motor Co. v. Sheldon, 113 S.W.3d 839 (Tex. App. 2003) (reversing class certification)*; Ford Motor Co. v. Ocanas, 138 S.W.3d 447 (Tex. App. 2004) (reversing certifications of statewide and nationwide classes)*; Gordon v. Ford Motor Co., 687 N.Y.S.2d 369 (App. Div. 1999) (affirming trial court's denial of class certification)*; In re Ford Motor Co. Vehicle Paint Litigation, 182 F.R.D. 214 (E.D. La. 1998) (denying certification of a nationwide class)*; In re Ford Motor Co. Ignition Switch Prods. Liab. Litigation, 174 F.R.D. 332 (D.N.J. 1997) (denying class certification)*; Portwood v. Ford Motor Co., 685 N.E.2d 941 (Ill. App. 1997) (dismissing complaint on time-bar grounds), aff’d, 701 N.E.2d 1102 (Ill. 1998)*; Roland v. Ford Motor Co. (Ga. Super. 2006) (denying certification of statewide class).* 

*Matters handled prior to joining our legal practice.

 

RECENT PRESENTATIONS

September 2014

Speaker, "Practical Aspects of Public Private Partnerships," ABA Project Finance and Development Committee Meeting, ABA Business Law Section Annual Meeting.

 

August 2013

Speaker, "Air Cargo Transfer Rights and the New Air Cargo Business Environment," 2013 Alaska International Air Cargo Summit. 

 

February 2011

Co-Chair, 2011 Update Conference:  Are the Clouds Lifting, ABA Forum on Air and Space Law. 

 

2005

Member, Program Planning Committee, 2005 Annual Meeting, ABA Forum on Air and Space Law. 

 

HOGAN LOVELLS PUBLICATIONS

12 FEBRUARY 2015

"The FAA Has Issued Five More Exemptions for Commercial Use of Unmanned Aircraft Systems (UAS)." Unmanned Aircraft Systems Alert, Hogan Lovells 

 

06 FEBRUARY 2015

"The FAA Has Issued Five More Exemptions for Commercial Use of Unmanned Aircraft Systems." Unmanned Aircraft Systems Alert, Hogan Lovells 

 

27 JANUARY 2015

"New FAA Exemptions for Commercial Use of Unmanned Aircraft Systems." Unmanned Aircraft Systems Alert, Hogan Lovells 

 

14 OCTOBER 2014

"Federal Aviation Administration grants exemptions for commercial use of unmanned aircraft systems." Aviation Alert, Hogan Lovells 

 

PUBLISHED WORKS

AUGUST 2014

"FAA Regulation of Airports." Aviation Regulation in the United States, American Bar Association, co-author 

 

SPRING 2003

"Expand the Display Bias Rules." The Air & Space Lawyer, ABA, Vol. 17, No. 4, co-author

Reviews

MG
Michael G.

Excellent presentation. Engaging and informative. Highly recommended for anyone interested in the burgeoning industry. Thanks you.

WA
William A.

Materials and speakers were very informative.

LG
Lauren G.

Very helpful

AP
Andrew P.

Very informative program Fantastic presenters Please offer more programs on UAS and Aviation Law Thank you

AB
Allan B.

The presentation seemed to be thorough and the course materials were substantive.

CC
Christopher R. C.

Pat was good.

GN
George N.

Outstanding overview! Excellent and extremely knowledgeable presenters.

JB
Julie A. B.

Two knowledgeable and conversant speakers offer a well-organized continuing legal education opportunity brimful of useful information delivered at a measured pace. This is a comprehensive, well-organized program jam-packed with pertinent facts that timely explain in easy-to-understand language the FAA Final Small UAS (unmanned aircraft system) Rule (Part 107), effective August 2016, as well as the FAA’s Section 333 Exemption process along with the interplay between Part 107 and Section 333. Notably, practical tips interwoven throughout the presentation supply advice on how best to navigate the FAA processes in this emerging area of law as the future likely foretells a tremendous growth in th

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