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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The Federal Aviation Administration (FAA) recently announced that it would solicit comments on regulatory measures to address public safety and national security risks posed by drones, which could result in the FAA limiting drone use or imposing onerous drone design standards. Thus, drone users and manufacturers, as well as businesses and other entities for which drones pose a safety risk, such as airports and power plants, should consider providing feedback to the FAA on appropriate measures to mitigate drone safety and security risks.

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The FAA’s announcement outlines five categories of safety and security measures it is considering:

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Recent events underscore the need for more action by regulators and law enforcement. In the past two months, drones sighted near London’s Gatwick Airport and Newark Liberty International Airport brought flight operations to a halt, causing travel disruptions for thousands of passengers. Drones were also seen flying above this year’s Super Bowl festivities, despite the FAA declaring the surrounding area a “No Drone Zone.” These incidents demonstrate that existing regulations, which prohibit unauthorized drone flights around major airports and events, are not enough to protect against risks posed by people who are ignorant of the rules, careless or malicious. Thus, education, stepped-up enforcement and counter-drone technologies, in addition to regulation, will likely be necessary to address safety and security concerns.

Regulators and law enforcement are not the only parties who should be concerned about these issues. A safety or security incident involving a drone, intentional or not, could cause a backlash against drones, potentially delaying important regulations necessary to enable critical commercial drone applications or begetting new prohibitions that could stifle the industry. To protect their interests, drone users and manufacturers must work with regulators and law enforcement to develop sensible solutions to mitigate safety and security risks related to drone operations.

Brent Connor 202.263.4188 <a href="mailto:Brent.Connor@ThompsonHine.com">Brent.Connor@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgement of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Transportation_Update-_FAA_Proposes_Rules_Allowing_Drone_Flights_Over_People_and_at_Night-2.pdf

FAA to Seek Comments on Measures to Address Drone Risks

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