By Craig Whitlock
The Federal Aviation Administration proclaimed a new era in aviation in September when it granted permission to six Hollywood filmmakers to fly drones on movie sets, a decision that opened the door to commercial drone flights in the United States.
“These
companies are blazing a trail,” Transportation Secretary Anthony Foxx
said at the time. “We are thoroughly satisfied these operations will not
pose a hazard to other aircraft or to people and property on the
ground,” added Michael Huerta, the chief of the FAA.
What the FAA
did not reveal, however, was that senior officials had overruled
objections from some of its safety inspectors, who had warned after a
formal review that the filmmakers’ plans were too risky and should be
prohibited, according to documents and e-mails obtained by The
Washington Post.
The warning turned out to be prescient. On
Wednesday, a camera-toting drone operated by one of the filmmakers,
Pictorvision, flew off a set in California and disappeared, according to
an FAA report. Tom Hallman, the president of Pictorvision, said crew
members found the 20-pound drone the next day in “rugged terrain” on a
private ranch about 100 yards from where they had been filming near
Santa Clarita. He said no one was injured.
Since giving the
go-ahead to Hollywood cinematographers three months ago, the FAA has
been swamped with requests to fly drones from other companies. As of
Friday, 167 applications from an array of industries were pending, and
the government is bracing for hundreds more next year.
Several FAA employees, speaking on the condition of anonymity for fear of retaliation or losing their jobs, said supervisors are pressuring analysts to rubber-stamp the applications without a rigorous safety review.
“There’s
huge political pressure to do quick approvals,” said one former FAA
flight safety official. “Congress made very clear what they want, and
safety is not at the forefront because of pressure from the industry.”
Safety
inspectors said they were being marginalized in other ways. Last month,
the FAA hired a lobbyist for the Hollywood filmmakers and other
companies that want to fly drones. His task? Suggest ways to speed up
the approval process.
“How is this not a conflict of
interest?” Lance Nuckolls, an FAA safety inspector, complained in an
e-mail to colleagues. “I’m now officially numb with total dismay and
disgust with our leadership.”
After
The Washington Post raised questions about the arrangement, the FAA
acknowledged that it had been a conflict of interest and said it ended
the contract Thursday.
The FAA’s caseload is cresting at a critical time and is aggravating disagreements within the agency over how to open the nation’s skies to drones.
Cheap, easy-to-fly drones equipped with video cameras have become
hugely popular with consumers and hobbyists. But in the absence of clear
safety standards and effective oversight, the robotic aircraft are
interfering with air traffic and threatening passenger planes.
Since June 1, pilots have reported 25 near-collisions with
rogue drones and about 150 other incidents in which drones were spotted
in forbidden airspace. Although most weighed only a few pounds,
aviation experts said they could have caused a midair disaster if they had struck a plane or helicopter in a vulnerable spot.
Drones
can also hurt bystanders on the ground. According to an FAA document,
four people have been killed in recent years around the world after
remote-controlled aircraft crashed into them.
James H. Williams,
the head of the FAA’s unmanned-aircraft integration office, declined an
interview request or to comment for this story. Last month, during a
panel discussion at a drone-industry conference in Tysons Corner, Va.,
he said the agency always puts safety first.
“There are
approximately 48,000 people in the FAA, and as far as I know, all of
them have an opinion on unmanned aircraft integration, so coordinating
across that body is an interesting challenge,”
Williams said. “The FAA
remains committed to our primary mission of safety, and that’s safety
not only for the other aircraft in the air but for people and property
on the ground.”
In a statement provided to The Post, the FAA said its drone application process was “rigorous” and “transparent.”
“The
safety case for each application is thoroughly analyzed and the
rationale for each decision is publicly available,” the FAA said. “As
with any emerging technology, there is a very active debate about how to
approach integration, and the FAA has decided to take a staged
approach.”
Struggling to keep up
Bogged down
by staff shortages and a slow-moving regulatory structure, the FAA has
failed to keep up with rapid technological advances in the drone
industry.
Although Congress has ordered the agency to integrate
drones into the national airspace by September 2015, U.S. officials
expect the FAA will miss the deadline by at least two years before it
can finalize regulations for drones weighing less than 55 pounds.
Devising rules for larger drones will take even longer.
Until
then, the FAA has stitched together an interim patchwork of guidelines.
Businesses are prohibited from flying drones without special approval.
Recreational drone flights are allowed as long as the aircraft stay
below 400 feet and five miles away from an airport. The military and
other government agencies need a certificate to fly in civilian
airspace.
The guidelines, however, are routinely ignored by drone
enthusiasts. With an estimated half-million small drones spinning
around America’s skies, the FAA has been overwhelmed.
To
alleviate pressure from lawmakers and drone manufacturers to adopt a
permanent set of rules more quickly, the FAA announced in May that it
will offer a temporary remedy.
The agency said it will consider
granting approval to certain types of low-risk businesses — such as
pipeline inspectors, filmmakers and corporate farmers — to fly drones
weighing less than 55 pounds. Requests would be reviewed on a
case-by-case basis.
Within days, applications started pouring in.
Insurance
giant State Farm wanted to fly 15-pound drones over houses to conduct
roof inspections. Chevron and Dow Chemical wanted to use drones to keep
an eye on their oil, gas and chemical plants. Amazon.com wanted to test
drones to see if they can reliably transport packages to customers’
doorsteps (Jeffrey P. Bezos, the chief executive of Amazon, also owns
The Post).
Each of those cases is pending. The FAA has said its
policy is to make a decision on each application within 120 days. It met
that timetable for the Hollywood filmmakers but has struggled to keep
up with the avalanche of new cases.
From
the outset, several FAA aviation-safety inspectors complained that
senior officials were more interested in speedy approvals than ensuring
safety, according to documents and e-mails.
“As I’ve said before,
we can do this job ‘good’ or we can do it ‘fast,’ but we can’t do it
‘good and fast,’ ” James Ryan, an aviation-safety inspector, said in a
July 24 e-mail to the FAA official in charge of reviewing the
applications and several other colleagues.
No anti-collision systems
Satellite-guided
drones can be purchased for less than $500 and flown right out of the
box. But their affordability and simplicity masks a lack of basic
safeguards that are required for other aircraft.
A fundamental
principle of aviation safety is that pilots must be able to see and
avoid other planes and objects in the sky — something that drones cannot
do. Drones are equipped with cameras that have a limited field of
vision. Researchers are working on substitute technologies, but
solutions are years away.
Most models are too small to carry
radar, transponders and anti-collision systems that regular planes rely
on to avoid crashes. Radio transmissions that control navigation are
vulnerable to interference and hacking. Many consumer drones are prone
to “flyaways,” or flights that vanish and stop responding to commands.
The
FAA has certified the airworthiness of only a few drone types for
private use. Furthermore, the agency has yet to establish a new kind of
pilot’s license for drone operators or minimum training standards.
As
a result, when the Hollywood filmmakers filed their drone applications
in May, they had to seek exemptions from 15 FAA safety regulations. That
number alone raised red flags inside the agency.
“Seems to be a
stretch concerning the world’s most robust aviation safety system,”
safety analyst Silas Still wrote to colleagues in a June 4 e-mail. He
did not respond to requests for further comment.
The six
cinematographers — Astraeus Aerial, Pictorvision, Aerial Mob, HeliVideo
Productions, Vortex Aerial and Snaproll Media — filed identically worded
bids and were backed by the Motion Picture Association of America. Also
submitting letters of support was the News Media Coalition, a group of
publishers, broadcasters and wire services that includes The Post. The
coalition advocates the use of drones for news gathering, a practice
prohibited by the FAA.
The
filmmakers’ applications omitted some rudimentary details, such as the
make, model and performance history of the drones that would be used.
They were described only as “rotorcraft” that would fly no faster than
58 mph.
After the FAA insisted on knowing more, the filmmakers
identified the types of drones on the condition that the agency keep the
details a secret, saying the information was “proprietary,” according
to FAA case files.
The cinematographers stated they would abide
by other limitations: They wouldn’t fly the drones above 400 feet or for
more than 30 minutes at a time. The aircraft would be restricted to
closed movie sets on private or “controlled-access” property, and would have to remain within sight of the pilot or a ground observer.
Approval, despite rejection
The biggest hurdle was determining what kind of qualifications the drone pilots would need.
Under
long-standing FAA rules, anyone operating an aircraft for hire must
have a commercial pilot’s license. The Hollywood companies contended
that a private pilot’s license — which is much easier to attain — would
be sufficient for their drone operators.
Just because commercial
pilots are highly qualified to fly regular aircraft, the firms argued,
doesn’t
mean they’d know how a drone works. Moreover, commercial pilots
would pose a “significant financial burden” because they command higher
pay and take longer to train, according to documents the filmmakers
filed with the FAA.
The arguments didn’t pass muster with two FAA
aviation-safety inspectors, James Ryan and James Kenney, who drafted a
denial that would have shot down the filmmakers’ applications.
Enabling
private pilots to work commercially would set a precedent, the
inspectors wrote, boxing in the FAA while it developed a permanent set
of drone regulations. They also noted that private pilots are twice as
likely to be involved in fatal accidents as commercial pilots.
While
the cinematographers said it would be safer to fly small drones than to
film with a manned helicopter or airplane, the FAA inspectors
questioned whether there were sufficient precautions to prevent an
out-of-control drone from hurtling off a movie set.
“The
petitioner has not explained an acceptable means of providing for the
safety of the uninformed, non-participating public,” according to the
inspectors’ draft denial.
The inspectors’ proposed rejection alarmed FAA supervisors, who urged them to reconsider, documents show.
“This
is a high-priority activity,” Rob Pappas, the FAA’s special rules
coordinator for drones, reminded the inspectors and other FAA employees
in an Aug. 20 e-mail. He advised them to “think outside the box and be
careful not to automatically fit rules that apply to aircraft weighing
1000s of pounds to these small [drones].”
Kenney and Ryan stood firm and submitted a recommended denial a week later.
Kenney and Ryan declined to comment, while Pappas did not respond to e-mails and a phone call seeking comment. Jonathan B. Hill, a Washington attorney who represents the filmmakers, declined an interview request.
In
the end, the inspectors were overruled by senior FAA officials. The
agency granted formal approval to the six filmmakers in September,
finding that their plans were in the public interest and would “enhance
safety” compared with using regular aircraft on a movie set. (A seventh
cinematographer, Flying-Cam, won approval in October).
Hallman,
the president of Pictorvision, the firm that had one of its drone fly
away last week, said the FAA approval process was “extremely thorough”
and dismissed suggestions that the agency had been too lenient. “I’ve
never heard anyone say they didn’t go far enough.”
Ethics concerns
One
person who was pleased by the approvals was John W. McGraw, a private
aerospace consultant and former deputy flight standards director for the
FAA. McGraw had been hired by the Hollywood firms to shepherd their
bids through the FAA’s regulatory process.
At the drone-industry
conference in Virginia in November, McGraw praised the FAA for approving
the applications within 120 days. “I had advised my clients, I had
downplayed the expectations,” he said. “Lo and behold, I have to say the
FAA, not because I used to work there, did a magnificent job.”
As
scores of new applications piled up, however, FAA leaders worried they
would miss the 120-day deadline in other cases. So they decided to hire
consultants to help streamline their case-review system.
On. Nov.
12, FAA employees were startled to learn that one of the new
consultants would be McGraw, the advocate for the Hollywood filmmakers. A
new organizational chart listed McGraw as reporting directly to Pappas,
the special rules coordinator, even though McGraw still represented
several companies with pending drone applications.
Lance
Nuckolls, the FAA safety inspector who had e-mailed his colleagues to
denounce the arrangement, said in a phone interview that he didn’t
understand how the FAA could hire a consultant actively involved from
the other side. “It was just a frustration over the ethics of it all,”
he said. Nuckolls stressed that he otherwise fully supported the FAA’s
review process for commercial drone flights.
Other documents
indicated McGraw was working on behalf of SeaTec, an FAA contractor.
According to briefing slides prepared by SeaTec, McGraw and other
consultants were assigned to help the FAA devise a more “effective and
efficient process” for approving drone applications.
In a phone interview, McGraw described his consulting role both as “very minor” and “at a very high level.”
He
said he was not involved in reviewing individual applications and has
merely explained the FAA’s inner workings to SeaTec. “We had a lot of
discussion about how to firewall me.” He said the FAA organizational
chart that listed him as a team member had been drawn up in error.
At
the same time, McGraw said he realized some safety inspectors had
objections to how the agency was handling drone applications in general.
“I’m not surprised some people are concerned about it,” he said. “Change is hard.”
In
a statement, the FAA said it had been “assured by the contractor” that
McGraw would not work on the project to streamline the drone application
review process. “Upon further review we learned that . . . the
contractor did allow him to participate on the project, creating a
conflict of interest.” As a result, the agency said it “stopped work”
with SeaTec and would not rely on any of its recommendations.
Jack Schmitt, a SeaTec executive in charge of the project, did not respond to requests for comment.
In
a subsequent interview, McGraw said he was disappointed by the
decision, noting that FAA officials had originally approved the
arrangement.
“We asked that question before
the project started and the FAA said, ‘No, you’re fine,’” he said.
“There was nothing that was done that would affect any of my clients, so
the reality is there was no influence.”
Craig Whitlock covers the Pentagon and national security. He has reported for The Washington Post since 1998.
The
studio is a relatively small part of Sony Corp., which has from time to
time triggered speculation that the parent company might want to sell
it. Sony, with $75 billion in annual revenue, acquired the studio in
1989 for $3.4 billion, lured by the long-term benefits of crafting a
wide-ranging entertainment business — one in which music, film and TV
projects could serve as the "software" for Sony's television sets.
Billionaire Wang Jianlin, who owns
China's biggest cinema chain, Dalian Wanda Group, said last month that
he was interested in a studio deal. He expressed interest in Lions Gate
Entertainment, the $4.7-billion studio behind "The Hunger Games" films.
He also held discussions about investing in Metro-Goldwyn-Mayer, the
independent producer of James Bond films.
Some believe Sony will
eventually get back on track as the studio turns to its next slate of
films. One thing in its favor, at least with Hollywood's creative
community, is its reputation for making edgier films that other studios
would pass on.
