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AMERICAN
<br /> PUBLiC
<br /> �1(TM
<br /> ASSOCIATION
<br /> Powering Strong Communities
<br /> ISSUE BRIEF January 2017
<br /> Unmanned Aerial Vehicle ("Drone") Use
<br /> In Public Power Utility Operations
<br /> Summary the sky from the cockpit to"see and avoid"other aircraft.So,
<br /> Unmanned aerial vehicles("drones")have the potential to be despite being considered local and state governmental entities,
<br /> public power utilities have generally not benefitted from these
<br /> very useful to public power utilities in assessing storm dam-
<br /> FAA exemptions. Because of these limitations on local and state
<br /> age,surveying distribution and transmission equipment,and
<br /> supporting construction and repair.Federal Aviation Adminis governmental entities,the FAA previously required govern-
<br /> tration(FAA)rules allow drone use in some circumstances,but mental entities to obtain an FAA-issued Certificate of Waiver
<br /> these rules generally preclude operations over long distances or or Authorization(COA) to operate drones,a process that was
<br /> at night—operations where and when drones could be particu complicated and unpredictable,with successful applications still
<br /> larly helpful.The American Public Power Association(Associa—
<br /> tion or APPA) believes that as drones are further incorporated in
<br /> the national airspace,Congress and the FAA should take greater
<br /> steps to facilitate drone use in utility operations. Congressional and Regulatory Action
<br /> The FAA Modernization and Reform Act of 2012 required the
<br /> FAA to develop a plan to integrate civil drones into the national
<br /> Background airspace system and simplify the process for state and local gov-
<br /> Drones show particularly cost-effective potential for use by elec- ernmental entities seeking a COA.On June 21,2016,the FAA
<br /> tric utilities in assessing storm damage,surveying distribution released final rules for commercial operation of small unmanned
<br /> and transmission equipment,and supporting construction and aircraft systems(or drones).These rules,referred to collectively
<br /> as"Part 107,"made it easier for businesses,nonprofits,and
<br /> repair.Some APPA members already deploy drones in routine
<br /> surveys of electric power equipment and in support of construc- government agencies to use drones for a variety of purposes;
<br /> however,these rules do not allow users to operate beyond"visual
<br /> tion and repair,and others are investigating how drones can
<br /> line of sight"and do not clarify that drone usage by public pow
<br /> assist them in effective,efficient operations,including damage
<br /> assessment and restoration after disasters. However,FAA regula- er utilities is a"governmental activity."Public power utilities are
<br /> tions are still catching up to this new technology. just beginning to explore the possibilities of operations under
<br /> Generally,different FAA rules govern the use of aircraft by Part 107,but from the start,it is clear that it will be of little use
<br /> governmental jurisdictions and by private(civil) operators. in certain operations,including surveying and assessing equip-
<br /> Government-operated(public)aircraft must comply with fed- ment in remote locations and aiding operations,which occur
<br /> eral airspace and air-traffic rules,but generally are exempt from outside daylight hours.
<br /> civil airworthiness and airman certification requirements.This On July 15,2016,the President signed into law the FAA Ex-
<br /> exemption has eased the use of traditional aircraft by govern- tension,Safety,and Security Act of 2016,extending authoriza-
<br /> mental entities.The FAA,however,has taken a very narrow tion for the FAA beyond the July 2016 deadline until September
<br /> 30,2017.Among other things,this bipartisan legislation also
<br /> view on what governmental activity should qualify as"govern-
<br /> mental activity"for purposes of the exemptions related to drone included new aviation safety provisions and multiple guidelines
<br /> use,generally limiting them to law enforcement,fire control, pertaining to drones.For example,the reauthorization includ
<br /> aviation research,and geographic surveys. Further,drones can- ed language aimed at streamlining the regulatory processes for
<br /> not,by definition,meet airspace rules requiring the pilot to scan using drones during emergencies and disaster response efforts,
<br /> including utility and infrastructure restoration. Further,the bill
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