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The Office of the Inspector General (OIG) of the U.S. Department of Transportation (DOT) has announced an audit of the Federal Aviation Administration’s (FAA) “approval and oversight processes” for Part 107 waivers for unmanned aerial systems (UAS) operations. The audit will begin before month’s end and will assess the FAA’s processes for granting waivers and its “risk-based oversight” for those UAS operators who receive waivers. Under Part 107 waivers, UAS operators may apply for a waiver to operate the UAS by completing an online application that requires information on how the operator intends to safely conduct the operation. The sections of Part 107 that can be waived include:
Operations from a moving vehicle or aircraft (§ 107.25);
Visual line of sight aircraft operations (§ 107.31);
Operation of multiple UAS (§ 107.35);
Yielding right of way (§ 107.37);
Operation over people (§ 107.39);
Operation in certain airspace (§ 107.41);
Operating limitations (i.e., visibility) (§ 107.51).
The OIG says in its memorandum, found here, “It is important that the FAA’s waiver approval process does not result in prolonged delays, especially for [UAS] operations already considered to be a low safety risk by the agency.” As of January 23, 2017, the FAA has granted approximately 300 Part 10 waivers. The OIG is now conducting this audit due to the “significant safety implications of integrating UAS into the National Airspace System and the increasing number of both requested and approved UAS waivers.” The OIG is concerned because the FAA “lacks a robust data reporting and tracking system for UAS activity, and aviation safety inspectors received limited training and guidance on UAS oversight.”
The audit will take place at the FAA’s headquarters and field offices, as well as at commercial UAS operators’ sites.
Tags: DOT, FAA, Federal Aviation Administration, Office of the Inspector General, OIG, part 107, U.S. Department of Transportation, UAS, unmanned aerial systems
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Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy and Security Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and…
Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy and Security Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.
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Robinson+Cole is a law firm serving regional, national and global clients from nine offices throughout the Northeast. Our Data Privacy + Security Team brings together lawyers from the firm’s Intellectual Property and Technology, Commercial Litigation, and E-Commerce Groups.
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