The Oklahoma House of Representatives passed Bill No. 2599 in May 2016, which regulates the unmanned aircrafts flight inside “Critical Infrastructure Facilities.”
HB 2599 prohibits the operation of unmanned aircraft over a critical infrastructure facility.
“Critical infrastructure facility” means: one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs that are posted on the property, are reasonably likely to come to the attention of intruders and indicate that entry is forbidden or flight of unmanned aircraft without site authorization is forbidden.
The measure permits the government, law enforcement, the owner of the critical infrastructure facility, and operators authorized by the FAA to conduct operations over that airspace. When permissions are requested by private individuals such as commercial drone pilots before conducting any flight, if it is approved by the FAA then it can be conducted over that airspace. Violation of the act is a misdemeanor punishable by imprisonment not to exceed 1 year, a fine of up to $500 or both fine and imprisonment.
According to Dan Shea, Amanda Essex and Ben Husch (2016), “In June 2016, the Federal Aviation Administration (FAA) announced a set of regulations for the commercial use of small Unmanned Aircraft Systems (UAS), which will take effect on Aug. 29, 2016. The new rules prohibit the operation of a drone over any people not directly involved in the operation, prohibit the nighttime use and prohibit attaching any hazardous materials to a drone. However, they do not specifically address critical infrastructure and facilities—aside from airports. More information on these regulations can be found here.
Shortly after the FAA released its regulations, Congress approved a 17-month extension of the FAA. The extension included a number of provisions regarding UAS and critical infrastructure, specifically sections 2209 and 2210. Section 2209 requires FAA, by the end of 2016, to establish a process for applicants to petition the FAA to prohibit or restrict the operation of an unmanned aircraft in close proximity to a fixed site facility. The section specifically lists critical energy infrastructure, oil refineries, chemical facilities and amusement parks.
Section 2210 tasks the FAA with establishing a process that allows a person to apply to the FAA for an exemption from certain aspects of its small commercial UAS rule if the operation of the UAS specifically pertains to critical infrastructure. Such exemptions might be for line-of-sight or nighttime operations. The section also includes language as to what may be considered a critical infrastructure facility.”
According to Dan Shea, Amanda Essex and Ben Husch (2016), “Fourteen bills addressing drone use near critical infrastructure have been introduced in nine states so far in 2016. That’s more than the total of drone-related bills introduced over the previous three years.
In all, nine states have enacted 12 laws pertaining to drone use near critical infrastructure: Arizona, Arkansas, Louisiana, Nevada, Oklahoma, Oregon, Tennessee, Texas, and Wisconsin. Similar legislation has also been introduced in six other states: California, Georgia, Hawaii, Mississippi, New Jersey and Pennsylvania.”
The restrictions are due to the location and its purpose, like petroleum refineries, which can be found everywhere in Oklahoma, even near a public road. The refineries have a restricted aerial space due to the risks to the surrounding communities.
Some restrictions depend on the location, such as flying over oil wells. These sites have a specific limited aerial space, due to risks involving fire hazard, pollution, and imminent explosions.
Certified commercial drone pilots should be compliant with federal standards; those standards are more rigorous than those for recreational drone pilots. According to Rupprecht Law P. A. (2018), “Federally regulated commercial pilots are covered by a Certificate of Waiver of Authorization for flights anywhere inside the country,”
Critical Infrastructure Facilities are exceptions to the law with the purpose of establishing control over the commercial drone pilots when conducting flights over locations enclosed by barrier or fence. Any unmanned flight is considered an intrusion and forbidden unless a written authorization request is submitted before flying over their premises.
Critical Infrastructure Facility – Improper Use of Unmanned Aircraft – Exceptions – Civil Liability. (n.d.). Retrieved from http://www.oscn.net/applications/oscn/deliverdocument.asp?id=478051&hits=1576 1575 1447 1446 1229 1228 1200 1199 1183 1182 1174 1173 1145 1144 1108 1107 813 812 685 684 441 440 414 413 399 398 390 389 365 364 328 327 69 68
Federal Court Clarifies, Limits the Role of Local Governments in Drone Regulation. (2017, October 10). Retrieved from http://www.andersonkreiger.com/municipal-law/2017/10/10/federal-court-clarifies-limits-the-role-of-local-governments-in-drone-regulation/
Fly under the Small UAS Rule. (2017, December 14). Retrieved from https://www.faa.gov/uas/getting_started/part_107/
Jansen, J. J. (n.d.). House of Representatives. Retrieved from https://www.okhouse.gov/
Oklahoma Center for the Advancement of Science & Technology. (n.d.). Retrieved from https://www.ok.gov/triton/search.php?sitesearch=https://www.ok.gov/ocast/&q=drones&as_sitesearch=https://www.ok.gov/ocast/
S. (n.d.). Oklahoma Public Records. Retrieved from http://publicrecords.searchsystems.net/United_States_Free_Public_Records_by_State/Oklahoma_Public_Records/
Section 333 Exemption vs. Part 107 vs. Public COA vs. Blanket Public COA. (n.d.). Retrieved from https://jrupprechtlaw.com/section-333-exemption-vs-part-107-vs-public-coa-one-choose
Shea, D., Essex, A. and Husch, B. (2016). Drones and Critical Infrastructure. [online] Ncsl.org. Available at: http://www.ncsl.org/research/energy/drones-and-critical-infrastructure.aspx [Accessed 13 May 2018].
Welcome to the FAADroneZone. (n.d.). Retrieved from https://faadronezone.faa.gov/#/