Managing the Unmanned Aerial Vehicle Threat in US Domestic

SeaportsDr. Kenneth Christopher

National UniversityLa Jolla, CA

ACJS Annual MeetingDenver, CO

April 1, 2016

Introduction• Development and proliferation of UAVs• Driven by military applications• Research and expansion into commercial sectors• Concerns about threats to commercial aviation• Regulatory approaches to managing the risks

Questions• What are UAVs?• How is the technology and industry evolving?• How is government responding?• What risks do UAVs pose in the maritime security domain, specifically

within the domestic seaport environment?

Defining Terms• UAV• UAS• Types of UAVs

--Target & Decoy--Reconnaissance--Combat--Research & Development--Civil & Commercial

• Degree of Autonomy

Legal and Regulatory Issues• FAA UAS Registry: > .55 lbs and < 55 lbs.• > 55 lbs: follow regular FAA Aircraft Registry process• UAS operate under FAA model aircraft guidelines (1981): cannot be flown

above 400 feet; remain in the operator’s line of sight. • UAVs cannot be operated within 5 miles of an airport without first

informing the airport’s operating authorities or aircraft control tower• UAVs are non-military and non-commercial which fly under “recreational”

exceptions to FAA regulations which have limits on altitude and distance • UAV flights that are non-hobby or non-recreational require FAA

authorization

Legal and Regulatory Issues• FAA has "exclusive sovereignty” of US airspace; authority to prescribe air

traffic regulations• FAA: There is also a state and local law enforcement role to deter, detect,

investigate, and, pursue enforcement on unauthorized or unsafe UAS operations• US DOT evaluates local and state laws or requirements on a case-by-case basis

to deconflict with the FAA's authority • Executive Order 13688 Federal Support for Local Law Enforcement Equipment

Acquisition—classified UAS as “controlled equipment” placing limits on transfers of UAS to law enforcement agencies.• Local efforts to regulate UAS: Miami-Dade County, FL

Growth of UAV Industry• World War 1: Kettering Aerial Torpedo• Radio control technology enabled pilotless flight in both world wars • Vietnam era: improvements in altimeter, gyrocompass and guidance technology• 1999: 100,000 flight hours flown• 2015: 1 million+ flight hours by 7,000+ UAS operated by the US DoD • By 2017: UAV flights at 110 bases in 39 states; • By 2025: $82 billion in economic benefits and 100,000 new jobs • UAS market: Driven by cost effective delivery of capability re missions:

intelligence, surveillance, reconnaissance, stores delivery, cargo transport, search and rescue, and pilot augmentation

Growth of UAV Industry• Homeland security: UAV coverage along Northern and southern borders• LEAs projected to purchase increasing numbers of UAS• Business/commercial growth: agriculture (crop management), moving cargo,

inspecting real estate, film production, journalism. • Amazon: Wants autonomous UAVs to deliver small packages to customers’

doorsteps• DIYDrones.com: relatively easy to obtain information and resources to build,

equip, and procure UAVs and component systems. • Remote controlled planes, multicopters (quadcopter/hexacopter/tricopter, etc.)

or helicopters can be purchased ready to fly or components, including autopilot systems

UAV Risks• Operational risks = accidents, injuries, and potential lawsuits • Since 2001, 400+ major crashes of large military UAVs; mechanical

breakdown, human error, bad weather• 237 military drone ‘Class A’ mishaps: aircraft destroyed or caused $2

million in damage (25% in the US)• No current infrastructure to safely manage UAVs in low-altitude

airspace

UAVs in the Maritime Security Domain

UAVs in the Maritime Security DomainRisks from UAVs:• Interference with port operations• Unauthorized commercial activities• Unwanted surveillance, photography and reconnaissance• Potential for weaponizing and serving as a platform for weapons

deployment

Recent Case: Jan 2016 Iranian UAV and French/US warships

UAVs in the Maritime Security DomainUS Navy: • Laser Weapon System (LaWS) Program--Lasers track, engage and destroy

UAVs that pose a threat to naval assets in the “over-the-water” combat maritime environment• Broad area maritime surveillance unmanned aircraft system: multi-

mission maritime intelligence, surveillance and reconnaissance

DHS:• UAVs for monitoring land borders, support FEMA missions, joint missions

w/ CBP in Florida (illegal immigration, smuggling)

UAVs in the Maritime Security DomainDubai Port Company is using UAVs for port security at the ports of Khalifa, Zayed, the Free Port, and the New Free Port. The UAVs use cameras for monitoring, viewing and managing incidents, and search and rescue situation

In the US: Port Security Grant Program:• Funds support increased port-wide risk management, enhanced domain

awareness, training and exercises to prevent, detect, respond to, and recover from attacks • Funding restrictions to ports applying for federal grants for developing UAS

for port security (EO 13688)

Conclusions• Laws and regulations addressing UAS in the US are in a state of flux.• The FAA is the major government agency responsible for regulating UAS operations.• State and local governments have response, investigative and enforcement roles associated with

UAV threats to public safety and security.• UAS technology and development will continue to advance, improving the cost effectiveness

capabilities associated with various missions.• Commercial and business use of UAS technology will grow.• Recreational and hobbyist use of UAS will grow.• In the maritime security domain, enforcement assets (military and public law enforcement) will

continue to take advantage of UAS technology to protect assets in the maritime security domain.• US port facilities will need to factor in the risks from unauthorized use of UAS in their target

environments to develop specific facility security plans to mitigate the risks from UAS.

Further Research• Analysis of local and state laws and regulations addressing the use of

UAS in jurisdictions.• Analysis of domestic port operators’ identification of potential UAS

risks and mitigation activities.

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Kenneth Christopher, D.P.A., C.P.P., Associate ProfessorHomeland Security and Emergency ManagementSchool of Professional StudiesNational University, La Jolla CAE: kchristopher@nu.eduP: 858-642-8624