Unmanned Aircraft and Ag Aviation: A Cautious Coexistence

1. Unmanned Aircraft and Ag Aviation: A Cautious Coexistence Scott Schertz Schertz Aerial Services Hudson, Illinois

2. Contents The Importance of Ag Aviation What is a UAV? Implications of FAA Reauthorization UAV Market Studies NAAA’s Safety Concerns and Recommendations Responsibility and Liability Pirker Case and Recent Developments

3. The Importance of Ag Aviation • 1,350 aerial applications businesses in the US • 20 percent of all applied crop protection products on commercial farms • 71 million acres of crop land each year • Allows rapid treatment of large, remote areas and hard to reach areas • Conducive to higher crop yields

4. UAVs in the News Drones Find Fans Among Farmers, Filmmakers - The Wall Street Journal 3/10/14 AgEagle Soaring Toward UAS Success - Precision Ag 2/10/14 Commercial Agriculture Might Be Largest Beneficiary of UAVs - Springfield News-Leader 3/22/14

5. UAV or Model Aircraft? • The line between a UAV and a model aircraft was murky until recently • Model aircraft standards suggested by AC 91-57 Model Aircraft Operating Standards • The 2012 FAA reauthorization, the FAA Modernization and Reform Act (P.L.112-95), codified the definition of a model aircraft as one “strictly flown for hobby or recreational purposes.” The Act defines UAVs as commercial.

6. FAA Reauthorization and Its Implications on UAVs • UAVs first mentioned in 2004 FAA Reauthorization (P.L. 108-176) • Extensive provisions provided in the 2012 reauthorization • Mandate for full integration by Sept. 30, 2015 • Propagation of special rules for UAVs under 55lbs (Now expected November 2014). • Selection of six test sites by late 2013 • Creation of UAS Roadmap

7. Current FAA Policy • In Feb. 2007 the FAA issued a notice of policy in the Federal Register declaring that “no person may operate a UAV in the National Airspace System without specific authority.” • Established two methods of legal operation • Certificate of Waiver or Authorization (COA) • Special Airworthiness Certificate, Experimental Category (SAC-EC) • FAA recently issued first restricted category type certificate allowing the first commercial use of UAVs

8. Aerial Application and UAVs • Booz Allen Study • Predicts UAV annual savings of $159 million for aerial application by 2035 and $186 million in crop input savings. • AUVSI Study • $13.6 billion economic impact within the first three years of integration, $82.1 billion between 2015 and 2025 • Several fallacies in the data used

9. Issues With Study Estimates/Effectivess of UAVs • Extrapolated from the use of UAVs in Japan • 90 percent of crop protection in Japan is performed by UAVs (4 gallon RMAX helicopter) • Only 28 percent of Japanese farmers farm full-time • Average farm size in Japan is 1.5 hectares (3.7 acres), compared to 441 acres in the US. • AUVSI and Booz Allen studies are based on experimental technologies • Both studies also assume full integration by 2015 • The amount of air pushed down is exactly proportional to the weight of the aircraft that the air is holding up. A 40 pound helicopter does not displace much air.

10. The UAV Safety Hazard • Since 2003 • 9.5 percent of aerial application accidents were the result of collisions with towers • 12.2 percent were the result of collisions with wires Fatal Air Tractor collision with a meteorological evaluation tower (MET). August 2013.

11. NAAA Safety Concerns • UAV inability to “Sense and Avoid” • GAO: No adequate technology currently exists that would allow UAVs to sense and avoid other traffic • Security Concerns • UAV “spoofing” or hacking • “Lost Link” concerns • Many aircraft have no lost link procedure and continue flying until they hit a obstacle or run out of fuel

12. NAAA Safety Concerns • Low-Level UAVs • Similar to birds except birds try to avoid collisions, they are very motivated and usually they take sufficient evasive action to avoid their peril • Birds are the second leading cause of aviation fatalities

13. NAAA Safety Recommendations • NAAA is urging the FAA and Congress that UAVs be required to have: • ADS-B Out transponders • Strobe lights • Marking similar to that required for other low-level obstacles (aviation orange and white paint) • A minimum operating altitude of 1000 ft. above ground level for UAVs

14. NAAA Safety Recommendations (continued) • A comprehensive database of UAV operations • Issuances of NOTAMs when UAVs are operating • FAA airworthiness certification for UAV • Pilot training: • Commercial pilots license • Class 2 Medical • Commercial Pesticide License if treating crops

15. Recent Developments • Dec. 2013 - Announcement of UAV test sites • Alaska, Nevada, New York, North Dakota, Texas, Virginia • March 2014 Pirker v. Huerta

16. Responsibility and Liability • A Financial Times Article reported on this issue on March 7th • According to the FAA UAS Integration Office liability in the event of a mid-air with a UAV puts the responsibility on the UAV operator to be responsible for collision avoidance • Regulatory uncertainty, certainty of Court involvement and near certain unmanned liability in the event of an accident puts UAV operations at great risk presently.

17. Pirker v. Huerta • Raphael Pirker, a Swiss operator was fined $10,000 by the FAA “reckless” operation. • FAA maintains right to regulate under airspace regulation mandate • Currently on appeal to the full NTSB

18. Conclusion NAAA urges the FAA to take its time integrating UAVs into the national airspace and urges the agency to follow a comprehensive, well thought out safety-oriented approach using the association’s recommendations. UAVs will not be used for spraying anytime soon, but have crop sensing and other non-application capabilities. Manned aircraft, such as ag aircraft are able to conduct crop sensing services too. Considerable liability risk for UAV operators and providers.

19. Questions?