The FAA Takes the First Step in Integrating Unmanned Aircraft Systems Into the National Airspace Plan

The integration of Unmanned Aircraft Systems (UAS), commonly referred to as "drones", into the National Airspace System (NAS) is currently the hottest topic in domestic aviation.  The proponents and opponents each have well reasoned arguments supporting their respective positions. One side touting the economic benefit and the other side citing very real safety concerns.  This week, integration of UAS into the NAS took a giant step forward. 


On Thursday, September 25, 2014, Transportation Secretary Anthony Foxx announced that the Federal Aviation Administration granted regulatory exemptions to six aerial photo and video production companies allowing them to operate UAS in the NAS.   The film industry requested the exemptions from general flight rules, pilot certificate requirements, manuals, maintenance, and equipment mandates.  However, the exemptions that were granted by the FAA require the operators of the UAS to comply with the following:  (i) the operators of the UAS must hold a private pilot certificate; (ii) the UAS must be kept in line of sight of the pilot while operating; (iii) operations are limited to daytime only; and (iv) the UAS is limited to operations that do not go beyond the physical proximity of the set.  In addition, the FAA required that the operators of the UAS perform an inspection of the aircraft before each flight. 

The conditions set forth accompanying the exemptions should come as no surprise to aviation law experts.  The points contained in the exemptions were highlighted in the FAA order signed by NTSB Administrative Law Judge Geraghty in the FAA v. Raphael Pirker decision.  As such, going forward operators of UAS seeking exemptions from the FAA for commercial use can expect to have to employ a licensed private pilot to operate the UAS and to have those flight operations limited to daytime line of sight only.

If your business wants to explore the use of UAS through the grant of an exemption from the FAA, then contact Aviation Attorney Ronnie Gipson at 415.692.6523 or by email at gipson@higagipson.com.   

The California Secretary of State Issued A Notice Regarding Scams Targeting Business Owners by Elisha Yang

Recently, the California Secretary of State issued a "Customer Alert" regarding fraudulent activity targeting registered business entities in California.  A private company identified only as "California State Corporations" is illegally sending misleading solicitation letters to California businesses.  The entity titled, "California State Corporations" has no affiliation with the Secretary of State's office.

The notices being sent look official and appear to originate from a government agency, when in fact the notices do not come from any government agency.  The notice letters instruct business owners to submit a form along with a fee of $49.50 in order to receive a Certificate of Status. 

A Certificate of Status is a document that can only be issued by the California Secretary of State as evidence that a business entity exists, is in good standing, and may conduct business in California.  The official Certificate of Status must bear the seal of the State of California accompanied by the signature of the Secretary of State, Debra Bowen.  A Certificate of Status may be required in order for a business to obtain financing; renew a business license; or enter into a business transaction.  To obtain a genuine Certificate of Status, a business owner should contact the Secretary of State's office directly.

Before you fill out any form regarding the registration of your business, especially one purporting to provide an unsolicited status, review the document carefully to ascertain that it originates from a legitimate government agency.  If you receive a notice and are unsure about its propriety, then contact attorney Ronnie Gipson by telephone at 415.692.6523 or by email at gipson@higagipson.com.   

FAA Announces Hefty Fines For Multiple Hazardous Materials Shipping Violations- by Elisha Yang

     In press releases issued today, the FAA announced a number of proposed civil penalties directed towards certificated operators and non-aviation companies ranging from $54,000 up to $195,000.  The penalties all pertain to the improper presentation for shipment of hazardous materials and the failure of the companies to provide hazardous materials training.

     British Airways, in particular, is facing a sizeable penalty of $195,000 as a result of shipping a chemical oxygen generator via a passenger aircraft from London Heathrow Airport to Dallas/Fort Worth International Airport for repair.  Due to its extremely flammable nature, oxygen generators are prohibited as cargo aboard passenger aircraft.  Improper labelling of oxygen generators caused the crash of Value Jet Airlines Flight 592 on May 11, 1996.   

     Companies involved in the shipping of hazardous materials must be cautious of potential FAA violations due to the life threatening outcomes possible from shipping dangerous materials on passenger flights.   Penalties imposed by the FAA for violations of any Hazardous Materials Regulation can be avoided by taking appropriate measures within a company to ensure compliance with the applicable regulations.  

     Companies who are subjected to proposed civil penalties are entitled to challenge the sufficiency of those penalties in an administrative hearing before the National Transportation Safety Board.  As part of the FAA’s enforcement process, the FAA will routinely offer to meet with the infringing company to discuss the pending case and attempt to reach a resolution in lieu of proceeding with a hearing.   

 
     If your company receives a notice of Proposed Civil Penalties from the FAA for violation of the Hazardous Materials Regulations, then contact Aviation Attorney Ronnie Gipson by email at Gipson@higagipson.com or by telephone at (415) 692-6523.