June 19 2014
Policy Memorandum 14-05
To: Regional
Directors
Superintendents
From: Director
/s/ Jonathan B. Jarvis
Subject: Unmanned
Aircraft – Interim Policy
Introduction
There
has been dramatic growth throughout the United States in the numbers and use of
unmanned aircraft during recent years. The likely increase in the use of these devices
in units of the National Park System will undoubtedly impact park resources,
staff, and visitors in ways that have yet to be identified. Recent use of
unmanned aircraft in several park areas has generated a number of questions by
park managers regarding concerns about their compatibility with the National
Park Service (NPS) mission.
As used in this Policy
Memorandum and its exhibits, the term “park” means any unit of the National
Park System.
Purpose
The purpose of this Policy Memorandum
is to ensure that the use of unmanned aircraft is addressed in a consistent
manner by the NPS before a significant level of such use occurs within the
National Park System. Accordingly, I direct each superintendent to use the
authority under 36 CFR 1.5 to close units of the National Park System to
launching, landing, or operating unmanned aircraft, subject to the conditions
and exceptions described below. This action must be taken by superintendents no
later than August 20, 2014.
For purposes of this Policy Memorandum,
the term "unmanned aircraft" means a device that is used or intended
to be used for flight in the air without the possibility of direct human
intervention from within or on the device, and the associated operational
elements and components that are required for the pilot or system operator in
command to operate or control the device (such as cameras, sensors,
communication links). This term includes all types of devices that meet this
definition (e.g., model airplanes, quadcopters, drones)
that are used for any purpose, including for recreation or commerce.
Background
The
compendium closures required to implement this interim policy are necessary to
maintain public health and safety in units of the National Park System and to
protect park resources and values until the NPS can determine whether specific
uses of unmanned aircraft on lands and waters administered by the NPS are appropriate
and will not cause unacceptable impacts on park resources and values. These
closures by the superintendents implement Section 1.5 of NPS Management
Policies 2006, which provides that a new form of park use may be allowed within
a park only after a determination has been made in the professional judgment of
the superintendent that it will not result in unacceptable impacts on park
resources and values.[1]
When proposed park uses and the protection of park resources and values come
into conflict, the protection of resources and values must be predominant.
Except
for the limited existing use of model aircraft in some parks, the use of
unmanned aircraft on lands and waters administered by the NPS is a new park use.
As unmanned aircraft have become more affordable and easier to operate, they
have begun to appear in some park areas. Although their use remains relatively
infrequent across the National Park System, this new use has the potential to
cause unacceptable impacts such as harming visitors, interfering with rescue
operations, causing excessive noise, impacting viewsheds, and disturbing
wildlife.[2]
Recent incidents at Grand Canyon National Park,[3]
Zion National Park,[4] and Mount
Rushmore National Memorial[5]
support the need for the required closures to enable a proper evaluation of
this new use. These closures are a necessary, interim measure while this new
use can be properly evaluated.
Another
reason for the required closures is that current NPS regulations do not
specifically address launching, landing, or operating unmanned aircraft. The
prohibition on operating or using an aircraft in 36 CFR 2.17(a)(1) does not
apply to unmanned aircraft because the definition of “aircraft” in 36 CFR 1.4 is
limited to devices used or intended to be used for human flight. Further, section
2.17(a)(3) could be construed to apply only to
unmanned aircraft when used to deliver or retrieve an object from NPS-administered
lands. Exhibit A to this Policy Memorandum lists other regulations in 36
CFR that may apply to the use of unmanned aircraft under certain circumstances.
Because the existing NPS
regulations can only be used to address unmanned aircraft in certain
circumstances, the best way at this time for superintendents to address the use
of unmanned aircraft is to exercise their authority pursuant to 36 CFR 1.5.
REQUIRED ACTIONS
All superintendents must take
the following actions no later than August 20, 2014, except that actions 6
through 8 must be taken immediately upon the receipt of this Policy Memorandum.
Regional directors will ensure that every park complies with this policy by the
date required.
1. Insert the following closure language in the
park compendium:
Authority: 36 CFR 1.5
Definition:
The term "unmanned aircraft" means a device
that is used or intended to be used for flight in the air without the
possibility of direct human intervention from within or on the device, and the
associated operational elements and components that are required for the pilot
or system operator in command to operate or control the device (such as
cameras, sensors, communication links). This term includes all types of devices
that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for
recreation or commerce.
Closure Language:
Launching, landing, or operating an unmanned aircraft from
or on lands and waters administered by the National Park Service within the
boundaries of [insert name of park] is prohibited except as approved in writing
by the superintendent.
Existing closures or restrictions related to unmanned
aircraft in park compendiums must be replaced with the closure language stated
above within the allotted timeframe. Superintendents should create a compendium
and insert the closure language if their park does not have an existing
compendium. Superintendents may not approve the use of unmanned aircraft under
the closure language unless such use is approved pursuant to the procedures
contained in this Policy Memorandum.
2. Provide adequate public notice of the required
compendium closure in accordance with 36 CFR 1.7(a) by using one or more of the
following methods: signs, maps,
publication in a local or regional newspaper, electronic media, park brochures,
or handouts.
3. Pursuant to 36 CFR 1.5(c), prepare a written
determination justifying the closure.
The determination must explain why the action is necessary for one or
more of the reasons set out in 36 CFR 1.5(a). These reasons include the maintenance
of public health and safety, protection of environmental or scenic values,
protection of natural or cultural resources, implementation of management
responsibilities, equitable allocation and use of facilities, or the avoidance
of conflict among visitor use activities. As appropriate, the explanation may
address the protection of specific resources, such as wildlife, and endangered
and threatened species in particular, incompatibility with areas that are
eligible, studied, proposed, recommended, or officially designated as wilderness,[6]
unreasonable noise, or impacts to viewshed. Superintendents should consider the
purposes for which the park was established when articulating the reasons for the
closure. Superintendents may also cite the reasons explained in the Background section of this Policy
Memorandum.
In addition,
the determination must include a
written explanation of why less restrictive measures will not suffice.
Superintendents may refer
to Management Policies section 1.5 (stated above) which requires caution when a
park is confronted with a new park use such as unmanned aircraft. In addition, the
determination may explain that the compendium closure is a necessary, interim
measure until the NPS considers how to
address this new use on a long-term basis and that allowing the use of unmanned
aircraft before the park has properly evaluated whether this use is appropriate
could result in unacceptable impacts to park resources, park values, and
visitor safety.
For parks that have existing closures or restrictions
relating to unmanned aircraft, superintendents should review and supplement the
written determinations justifying such closures or restrictions based upon the
findings and direction of this Policy Memorandum. Superintendents must sign and
date the written determination described in this section and should place it in
the compendium.
4. Complete an Environmental
Screening Form to evaluate the level of necessary compliance with the National
Environmental Policy Act of 1969 (NEPA). The required compendium closure will
ordinarily fall within the categorical exclusion under 516 DM 12.5(D)(2) (“Minor changes in amounts or types
of visitor use for the purpose of ensuring visitor safety or resource
protection in accordance with existing regulations.”) or other provisions of the Departmental Manual or Director’s Order #12
Handbook.
5. Comply with all other
applicable laws, regulations, and policies such as, but not limited to, the
Endangered Species Act (ESA) and the National Historic Preservation Act (NHPA).
The required compendium closure will ordinarily result in a finding of no
effect on listed species under the ESA and a finding of no effect on historic
properties under the NHPA.
6.
Except for existing
permits for model aircraft described in paragraph 1(a) below (see Conditions and Exceptions), suspend all
special use permits issued for the operation of unmanned aircraft until they
have been reviewed and approved in writing by the Associate Director, Visitor
and Resource Protection (ADVRP).
7. Not issue any new special use permits for the use of
unmanned aircraft unless they have been approved by the ADVRP under paragraph
1(d) below (see Conditions and
Exceptions).
8. Not authorize any business operations using unmanned
aircraft under 36 CFR 5.3, except for activities conducted under special use
permits approved by the ADVRP under paragraph 1(d) below (see Conditions and Exceptions).
Conditions and Exceptions
1. The required compendium closures do not apply to the
following activities:
(a) The use, authorized in writing
prior to the date of this Policy Memorandum, of model aircraft (as that
term is used in Federal Aviation Administration (FAA) Advisory
Circular 91-57 and section 336 of the FAA Reauthorization Act of 2012) for hobbyist and recreational use at locations and
under conditions (i) established by the superintendent in the compendium; or (ii)
issued under a special use permit.
Continued activities under these existing authorities are allowed, but renewals
and modifications of these compendium provisions or permits must be approved in
writing by the ADVRP. Superintendents of these parks should note in their
compendiums that the required closures do not apply to these established uses.
(b) Administrative use of unmanned aircraft as approved in
writing by the ADVRP for such purposes as scientific study, search and rescue
operations, fire operations, and law enforcement. Administrative use includes
the use of unmanned aircraft by (i) NPS personnel as operators or crew; (ii)
cooperators such as government agencies and universities that conduct unmanned
aircraft operations for the NPS pursuant to a written agreement; and (iii) other
entities, including commercial entities, conducting unmanned aircraft operations
for the NPS, provided such entities are in compliance with all applicable FAA
and Department of the Interior requirements. A separate guidance package will
be provided for parks requesting approval for administrative use of unmanned
aircraft.
(c) Activities conducted under a Scientific Research and
Collecting Permit that specifically authorizes launching, landing, or operating
an unmanned aircraft and is approved in writing by the ADVRP in consultation
with the Associate Director for Natural Resource Stewardship and Science.
(d) Activities conducted under a special use permit that specifically
authorizes launching, landing, or operating an unmanned aircraft and is approved
in writing by the ADVRP. Superintendents should refer to Exhibit B if
they intend to seek approval for a special use permit under this exception.
2. The compendium closures required by this Policy Memorandum
do not apply to launching, landing, or operating unmanned aircraft from or on non-federally
owned lands located within the exterior boundaries of units of the National
Park System. However, in accordance with 36 CFR 1.2(a)(3),
the compendium closure applies to such activities conducted on waters subject
to the jurisdiction of the United States located within the boundaries of the
National Park System.
3. Nothing in this Policy Memorandum will be construed as
modifying any requirement imposed by the FAA on the use or operation of
unmanned aircraft in the National Airspace System. The NPS will continue to
coordinate with the FAA on national or other appropriate levels regarding the
use of unmanned aircraft on lands and waters administered by the NPS.
4. This Policy Memorandum will remain in effect until
superseded or rescinded by the Director.
Exhibit C contains a list of Frequently Asked Questions about
this Policy Memorandum. Questions about this Policy Memorandum may also be
directed to the Associate Director, Visitor and Resource Protection at (202)
565-1020. Points of contact for specific issues related to this Policy
Memorandum, such as media and external communications, are identified in the
attached exhibits that provide additional information.
--------End of Policy Memorandum--------
Exhibit A
List of 36 CFR Regulations
Policy Memorandum 14-05 (“Unmanned Aircraft – Interim
Policy”) directs superintendents to address unmanned aircraft use through a
compendium closure under 36 CFR 1.5. Under certain circumstances, however, the
following existing 36 CFR regulations may also apply. These existing
authorities should be used carefully to ensure that all elements of the cited offense
are present.
·
If the unmanned
aircraft caused a take of wildlife (which includes pursuit or harassment) or an
intentional disturbance of wildlife nesting, breeding, or other activities, the
user could be cited for a violation of 36 CFR 2.2(a).
·
If the user of
the unmanned aircraft knowingly or recklessly created a risk of public alarm or
nuisance by causing noise that was unreasonable under the circumstances or by
creating a hazardous or physically offensive condition, the user could be cited
for disorderly conduct under 36 CFR 2.34.
·
36 CFR 2.12(a)(3) prohibits, in nondeveloped areas, operating a device
powered by a portable motor or engine, except pursuant to the terms and
conditions of a permit. This provision does not apply in “developed areas,”
which are defined in section 1.4 as “roads, parking areas, picnic areas,
campgrounds, or other structures, facilities, or lands located within
development and historic zones depicted on the park area land management and
use map.”
·
Other sections
may apply on a case-by-case basis.
·
Please contact
Russ Wilson, Chief, Division of Jurisdiction, Regulations, and Special Park
Uses (russ_wilson@nps.gov; 202-208-4206); or Jay Calhoun, Regulations Program
Specialist, (john_calhoun@nps.gov; 202-208-2862), with any questions about existing 36 CFR
regulations.
Exhibit B
Special Park Uses – Permitting Guidance for Unmanned
Aircraft
Policy Memorandum 14-05
(“Unmanned Aircraft – Interim Policy”) requires all superintendents to insert
closure language in the park compendium prohibiting launching, landing, or
operating unmanned aircraft from or on lands and waters administered by the National
Park Service (NPS), subject to the exceptions and conditions described in the Policy
Memorandum.
One of those exceptions,
listed in paragraph 1(d) of the Policy Memorandum (see Conditions and Exceptions), allows for activities under a special
use permit (SUP) that specifically authorizes launching, landing, or operating
an unmanned aircraft and that is approved in writing by the Associate Director,
Visitor and Resource Protection (ADVRP).
As defined in the Policy Memorandum,
“unmanned aircraft” means a device that is used or intended to be used for
flight in the air without the possibility of direct human intervention from
within or on the device, and the associated operational elements and components
that are required for the pilot or system operator in command to operate or
control the device (such as cameras, sensors, communication links). This term
includes all types of devices that meet this definition (e.g., model airplanes,
quadcopters, drones) that are used for any purpose,
including for recreation or commerce.
This
guidance document is designed to help superintendents:
·
Decide whether to
request that the ADVRP approve an SUP allowing the use of unmanned aircraft.
·
Determine
appropriate terms and conditions in the SUP.
Decision Process – Whether
to Request Approval for an SUP
Launching, landing, or
operating unmanned aircraft may or may not be compatible within a park. If
presented with a request to launch, land, or operate an unmanned aircraft on
lands or waters administered by the NPS, superintendents must use their
professional judgment to adequately evaluate the appropriateness of the
requested activities and determine whether they will result in unacceptable
impacts to park resources and values. Superintendents should consider the
following criteria when making this determination prior to submitting a request
to the ADVRP for approval:
Will
the activity:
·
Violate Federal Aviation
Administration (FAA) regulations for commercial use of unmanned aircraft.
·
Cause injury or
damage to park resources.
·
Be contrary to
the purposes for which the park was established, or unacceptably impact the atmosphere of peace and tranquility maintained in
wilderness, natural, historic, or commemorative locations within the park.
·
Unreasonably
interfere with the interpretive, visitor service, or other program activities, or
with the administrative activities of the NPS.
·
Substantially
impair the operation of public facilities or services of NPS concessioners or
contractors.
·
Present a clear
and present danger to public health and safety.
·
Result in
significant conflict with other existing uses.
Superintendents should consider
the park’s enabling legislation, other applicable
laws, NPS Management Policies 2006, Director’s Order #53, and RM-53 in the
decision process. Superintendents should complete an Environmental Screening
Form to evaluate the level of necessary compliance with the National
Environmental Policy Act of 1969 (NEPA). Issuing an SUP for launching, landing,
or operating unmanned aircraft may require compliance with NEPA and may fall
within a categorical exclusion under the Departmental Manual or Director’s
Order #12 Handbook. Superintendents should also
consider whether the issuance of the SUP would implicate any Endangered Species
Act or National Historic Preservation Act concerns.
If
the superintendent determines the requested activity is appropriate and
compatible with the values and resources of the park, he or she may seek the
approval of the ADVRP to issue an SUP that authorizes launching, landing, or
operating unmanned aircraft in the park. Requests for approval should be
submitted through the regional director to the ADVRP and contain the following
materials:
·
Memorandum of request
referencing the Policy Memorandum.
·
Briefing
statement that, at minimum, explains
(i) the activities that would be permitted by the SUP;
(ii) why the permitted activities would be appropriate and compatible with the
values and resources of the park; (iii) the potential for controversy; and (iv)
contact information at the park for further questions.
·
Copy of the proposed SUP with
all of its terms and conditions.
SUP Terms and Conditions
SUPs that permit launching,
landing, or operating unmanned aircraft from or on lands or waters administered
by the NPS should clearly identify the designated area(s) for these activities
within the park. SUPs should also contain appropriate terms and conditions to
ensure safe operation of unmanned aircraft and mitigate any unacceptable
impacts to the resources and values of the park.
In addition to the standard SUP
conditions included on all permits, the following conditions are required:
·
Unmanned aircraft
may not disturb or harass wildlife.
·
Unmanned aircraft
may not interfere with NPS search and rescue, law enforcement, or other
emergency operations.
·
Unmanned aircraft
will not be flown in a reckless manner or outside the
designated area(s).
·
Operators may not
operate unmanned aircraft while under the influence of alcohol or drugs.
·
Inexperienced
unmanned aircraft operators must be accompanied and assisted
by an experienced operator.
·
Operators must
avoid flying directly over people, vessels, vehicles, or structures and must
avoid endangering the life and property of others.
·
Operators must report
all accidents involving injury (even minor first aid) and any resource or
property damage to the NPS immediately. Notification to the NPS does not
relieve the operator from reporting requirements under 49 CFR 830 or under a Certificate
of Authorization (COA) required by the FAA.
·
Unmanned aircraft
must be within visual sight, with no visual aids authorized, of the operator at
all times during flight of the unmanned aircraft.
·
Operators must have
sufficient liability insurance or proof of membership in an organization such
as the Academy of Model Aeronautics (AMA) which
includes insurance coverage with membership.
Optional conditions to consider (select
as appropriate; may be revised based upon individual park needs):
·
Safety line(s) must be established. Only persons associated with flying the
unmanned aircraft are allowed at or in front of the safety line
that separates the area of flight operations from non-flight areas.
·
An area away from
the safety line must be maintained for spectators.
Intentional flying behind the safety line is prohibited.
·
Time of day
restrictions (consider no nighttime operations).
·
Mufflers are
required on all flammable fuel-powered models.
·
Pilots/Operators will
make the appropriate announcement when taking off, landing, or in emergency situations.
·
First
aid kits must be carried by pilots/operators.
·
The SUP may
prohibit the use of flammable liquids for fueling unmanned aircraft. If the
superintendent decides to allow flammable fuels, however, the following
requirements should apply:
Ø All flammable fuels will be stored in containers that
are Underwriters Laboratories (UL) listed and approved.
Ø No more than 5 gallons of all flammable liquid may be
on site at any time.
Ø A fully operational 10# ABC portable fire extinguisher
must be on site.
·
All flight
operations will be limited to times when there is no presence or threat of
lightning or thunderstorms, no presence or threat of any type of precipitation,
and no presence of sustained wind greater than 5 mph or threat of wind gusts
greater than 10 mph.
·
Size, weight
restrictions.
·
Unmanned aircraft
may not be launched, landed, or operated from or on areas that are eligible,
studied, proposed, recommended, or officially designated as wilderness.
·
One single pilot
may not control more than one unmanned aircraft at the same time.
Note on FAA Guidelines and
Requirements:
Unlike the NPS, which does
not distinguish between types of unmanned aircraft, the FAA makes a distinction
between model aircraft used by hobbyists for recreation and unmanned aircraft
operated commercially. FAA guidance for model aircraft operation is found in Advisory Circular 91-57. This guidance may be
useful when developing permit terms and conditions for unmanned aircraft that
qualify as model aircraft as that term is used in Advisory Circular 91-57 and section
336 of the FAA Reauthorization Act of 2012.
An SUP issued by the NPS does
not exempt the operator from obtaining the appropriate authorization and
permits from the FAA because the FAA has primary jurisdiction over the National
Airspace System. Depending on the type of unmanned aircraft, this may include a
COA that authorizes flying outside of restricted airspace or an experimental
certificate granted by the FAA for specific types of missions (e.g., research
and development, training, marketing). To date, it is extremely rare for
unmanned aircraft to be flown under an experimental certificate for
compensation or hire. As the FAA has primary jurisdiction over the National
Airspace System, the NPS cannot issue a permit for a commercial unmanned
aircraft activity unless the FAA has sanctioned the flight first. Thus, for the
NPS to permit launching, landing, or operating commercial unmanned aircraft
within a park, the operator must have FAA approval and provide that
documentation in the form of a COA prior to issuance of an SUP.
Please contact Lee Dickinson,
Special Park Uses Program Manager (lee_dickinson@nps.gov; 202-513-7092) with any questions about SUPs.
Exhibit C
Unmanned Aircraft Interim Policy – Frequently Asked
Questions
These Frequently Asked
Questions are meant as a quick reference guide for superintendents about Policy
Memorandum 14-05 (“Unmanned Aircraft – Interim Policy”). A press release, media
talking points, and Frequently Asked Questions for external communications will
be posted on InsideNPS. The Frequently Asked Questions do not supersede or
replace any provision of the Policy Memorandum, which is the controlling document
that provides direction to the field.
1.
How does the NPS define “unmanned aircraft” in the Policy
Memorandum?
"Unmanned
aircraft" means a device that is used or intended to be used for flight in
the air without the possibility of direct human intervention from within or on
the device, and the associated operational elements and components that are
required for the pilot or system operator in command to operate or control the
device (such as cameras, sensors, communication links). This term includes all
types of devices that meet this definition (e.g., model airplanes, quadcopters,
drones) that are used for any purpose, including for
recreation or commerce.
This
definition is controlling for purposes of the Policy Memorandum notwithstanding
any other definition of unmanned aircraft system or model aircraft by the
Federal Aviation Administration (FAA) or any other government agency or private
entity.
2.
What are superintendents required to do under the Policy
Memorandum?
Superintendents
must use their authority under 36 CFR 1.5 to close units of the National Park
System to launching, landing, or operating unmanned aircraft from or on lands
and waters administered by the National Park Service (NPS). The Policy
Memorandum contains specific closure language that must be inserted into the
compendium of each park. The Policy Memorandum contains a list of required
actions that must be taken to implement this compendium closure. These include
providing adequate notice to the public, preparing a written determination
explaining the closure, and complying with applicable laws such as the National
Environmental Policy Act and the Wilderness Act.
3.
What is a compendium?
A
compendium is a document containing park-specific regulations based upon the
superintendent’s authority under 36 CFR 1.5 to close all or a portion of a park
or otherwise limit or restrict an activity to maintain public health and
safety, protect environmental or scenic values, protect natural or cultural
resources, aid scientific research, implement management responsibilities,
equitably allocate and use facilities, or avoid conflict among visitor use
activities. The compendium must be made available to the public and is
typically posted on the park website.
4.
Why can’t the NPS use existing regulations in 36 CFR
to prohibit the use of unmanned aircraft?
The
prohibition on operating or using an aircraft in 36 CFR 2.17(a)(1) does not
apply to unmanned aircraft because the definition of “aircraft” in 36 CFR 1.4
is limited to devices used or intended to be used for human flight. Further, section
2.17(a)(3) could be construed to apply only to
unmanned aircraft when used to deliver or retrieve an object from
NPS-administered lands. Exhibit B to this Policy Memorandum lists other regulations
in 36 CFR that may apply to the use of unmanned aircraft under certain
circumstances; however, none of these regulations directly address the use of
unmanned aircraft.
5.
When must superintendents complete the actions
required by the Policy Memorandum?
Actions
needed to implement the compendium closure must be taken no later than August
20, 2014. Other actions must be taken upon receipt of the Policy Memorandum.
6.
Are there any exceptions to the required closure of
all parks to the use of unmanned aircraft?
Yes.
Superintendents who have authorized, prior to the date
of the Policy Memorandum, the use of model aircraft for hobbyist or recreational
use, either in the park compendium or through special use permits, may
allow continued activities under those existing authorities. Renewals and
modifications of these authorities require approval from the Associate
Director, Visitor and Resource Protection (ADVRP).
Administrative
use of unmanned aircraft as approved
in writing by the ADVRP for such purposes as scientific study, search and
rescue operations, fire operations, and law enforcement may be conducted. Administrative
use includes the use of unmanned aircraft by (i) NPS personnel as operators or
crew; (ii) cooperators such as government agencies and universities that
conduct unmanned aircraft operations for the NPS pursuant to a written
agreement; and (iii) other entities, including commercial entities, conducting
unmanned aircraft operations for the NPS, provided such entities are in
compliance with all applicable FAA and Department of the Interior requirements.
A separate guidance package will be provided for parks requesting approval for
administrative use of unmanned aircraft.
Activities
conducted under a Scientific Research and Collecting Permit that
authorizes launching, landing, or operating an unmanned aircraft may be
conducted after approval by the ADVRP in consultation with the Associate
Director for Natural Resource Stewardship and Science.
Superintendents
may request that the ADVRP approve a special use permit that authorizes launching,
landing, or operating an unmanned aircraft after taking steps at the park level
to determine and analyze the impacts of the activity. The procedures for making
these requests are contained in Exhibit B to the Policy Memorandum.
7.
Why has the approval level for administrative uses of
unmanned aircraft been set at the WASO level?
Just
as the impacts of unmanned aircraft use by the public have not been evaluated,
the NPS has not evaluated what types of impacts could be caused by
administrative uses of these devices. Additionally, the NPS does not currently
have a policy framework in place to govern use by NPS employees (operating,
purchasing, etc.). Moving forward, the NPS will be evaluating the potential
mission types (e.g., wildlife monitoring, wildland fire operations, search and
rescue) and also be looking at which types of unmanned aircraft may best be
compatible to conduct these operations. Superintendents should understand that
there are already stringent DOI and FAA policies relating to federal purchase
and use of unmanned aircraft.
8.
Does the Policy Memorandum affect the primary
jurisdiction of the FAA over the National Airspace System?
No.
Nothing in the Policy Memorandum will be construed as modifying any requirement
imposed by the FAA on the use or operation of unmanned aircraft in the National
Airspace System. A special use permit issued by the NPS does not exempt the
operator from obtaining the appropriate authorization and permits from the FAA.
For example, the NPS cannot issue a permit for a commercial unmanned aircraft
activity unless the FAA has sanctioned the flight first. The NPS will continue
to coordinate with the FAA on national or other appropriate levels regarding
the use of unmanned aircraft on lands and waters administered by the NPS.
9.
Does it matter where an unmanned aircraft is used for
the required closures to apply?
Yes.
The NPS has the authority to regulate or prohibit the use of unmanned aircraft from
or on lands and waters administered by the NPS. As a result, the compendium
closures required by the Policy Memorandum only apply to launching, landing, or
operating unmanned aircraft from or on lands and waters administered by the
NPS within the boundaries of the park. The closures do not apply to launching,
landing, or operating unmanned aircraft from or on non-federally (e.g., private
or state) owned lands located within the exterior boundaries of the park. The
closures do not apply to the flight of unmanned aircraft in the airspace above
a park if the device is launched, landed, and operated from or on lands and
waters that are not administered by the NPS.
10. The Policy
Memorandum sets forth an “interim policy” – how does the NPS intend to address
unmanned aircraft on a long-term basis?
The
closures required by the Policy Memorandum are a necessary, interim measure while
this new use can be properly evaluated. While the interim policy is in place,
the NPS will consider promulgating a Service-wide regulation to be published in
36 CFR, a process that can take considerable time if the rule is complex.
11. Where can I
obtain additional information about this Policy Memorandum?
|
Questions regarding … |
should be directed to … |
|
Compendium closure
actions |
Regional Chief Ranger |
|
CFR interpretation |
National Regulations
Office (202) 208-2862 |
|
Administrative use of
unmanned aircraft |
National Aviation
Manager (202) 387-5227 |
|
Special use permits |
National Special Park
Uses Program (202) 513-7092 |
|
Media and external
communications |
National Office of
Communications (202) 208-6843 |