Drone proposals and policies (North Carolina Department of Public Safety)

Katherine Fink filed this request with the North Carolina Department of Public Safety of North Carolina.
Status
Completed

Communications

From: Katherine Fink

To Whom It May Concern:

Pursuant to North Carolina Public Records Law (G.S. §§ 132-1 through 132-10), I hereby request the following documents:

1. any requests for proposals, proposals submitted by vendors, contracts, budgets or cost allocations for the purchase, research of and/or use of aerial drones, UAs, UAVs, and UASs (hereinafter “drones”);
2. any policies, guidelines, manuals and/or instructions on the use of drones by police, including on the legal process required (such as a warrant or court order), if any, before operating a drone;
3. any departmental records concerning the use of and/or research of drones now or plans to use drones in the future including:
a. the types of investigations or instances in which this department is using or plans to use drones, or how it plans to support, manage or oversee the usage of drones by another department or office;
b. policies, guidelines, manuals and/or instructions on storage requirements or procedures for video or static images obtained through use of drones, including retention times;
c. the altitude at which drones can or do fly;
d. drones’ ability to carry weapons.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,

Katherine Fink

From: Gordon, Jeff D .

Will you be handling this request?

Lt.Jeff Gordon
N.C. Department of Public Safety
State Highway Patrol
Public Information Office
<x-apple-data-detectors://1/1>4231 Mail Service Center<x-apple-data-detectors://1/1>
Raleigh<x-apple-data-detectors://1/1>, N.C. 27699-4231
Office: (919) 733-5027<tel:(919)%20733-5027>
Direct: (919) 825-2<tel:(919)%20825-2770>773
Jeff.Gordon@ncdps.gov<mailto:Jeff.Gordon@ncdps.gov>
Website: www.ncdps.gov<http://www.ncdps.gov/>

From: Walker, Pamela

Received and will respond as promptly as possible. However, to assist you in managing expectations, we are currently in the middle of response and recovery for the Hurricane Matthew disaster and that is taking a majority of our resources at this time.

Pamela Walker
Communications Director
NC Department of Public Safety
Prevent ~ Protect ~ Prepare

Mail Service Center 4202
Raleigh, NC 27699-4202
Phone (919) 733-5027
Fax (919) 733-0296
pamela.walker@ncdps.gov<mailto:pamela.walker@ncdps.gov>
www.ncdps.gov<http://www.ncdps.gov/>

Email Correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

From: Upchurch, Barbara P SSG USARMY NG NCARNG (US)

Pamela,

This FOIA seem to be a request pursuant to North Carolina State Law(G.S. §§ 132-1 through 132-10), for the NC Department of Public Safety. Since this is not a Federal FOIA, the federal gov't can't provide any guidance on this action. State government should have resources (State Attorney General, etc.) for availability of resource assistance. This is an initial response to your request, within the next 10 business days you will receive a response from the JAG office to reference. Thanks in advance.

v/r,

Barbara P. Upchurch, SSG
Administrative Service Branch - G6
Records Manager/ARIMS-FOIA
Phone: (984) 664-6523
barbara.p.upchurch.mil@mail.mil

From: Walker, Pamela

Ms. Fink:
The attached and below are being provided as public information from DPS responsive to your request. (Note: Another e-mail with more attachments to follow.)
Any departmental records concerning the use of and/or research of drones now or plans to use drones in the future including:
a. The types of investigations or instances in which this department is using or plans to use drones, or how it plans to support, manage or oversee the usage of drones by another department or office;

RESPONSE:

For details on how NCEM proposes to implement Unmanned Aircraft System (UAS) technology into each of its four phases of emergency management (i.e. Preparedness, Response, Recovery, & Mitigation), please peruse slides #46-53 of the attached PowerPoint, which was presented at the North Carolina Local Government Information System Association (NCLGISA)<http://www.nclgisa.org/> Spring Symposium on May 21, 2016. You can download this presentation as well as other UAS presentations on the North Carolina Geodetic Survey’s “Library<http://www.ncgs.state.nc.us/Pages/Library.aspx?DocType=Presentation>” webpage by selecting “Presentation” as the Document Type and “UAS” as the NCGS Program Area.

b. Policies, guidelines, manuals and/or instructions on storage requirements or procedures for video or static images obtained through use of drones, including retention times;

RESPONSE:

Due to being a state government agency, NCEM has been taking a step-by-step approach towards implementing UAS technology into each phase of its emergency management operations:
• Preparedness
• Response
• Recovery
• Mitigation

In 2013, the State Legislature directed the State Chief Information Officer (CIO) to determine if there is a need for state and local agencies to use UAS technology:

SESSION LAW 2013-360 (SENATE BILL 402)<http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S402v7.pdf>
http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S402v7.pdf

VEHICLE MANAGEMENT
SECTION 7.16.(e) Until July 1, 2015, no State or local governmental entity or officer may procure or operate an unmanned aircraft system or disclose personal information about any person acquired through the operation of an unmanned aircraft system unless the State CIO approves an exception specifically granting disclosure, use, or purchase. Any exceptions to the prohibition in this subsection shall be reported immediately to the Joint Legislative Oversight Committee on Information Technology and the Fiscal Research Division. The following definitions apply in this section: (1) "Unmanned aircraft" means an aircraft that is operated without the possibility of human intervention from within or on the aircraft. (2) "Unmanned aircraft system" means an unmanned aircraft and associated elements, including communication links and components that control the unmanned aircraft that are required for the pilot in command to operate safely and efficiently in the national airspace system.

SECTION 7.16.(f) If the State Chief Information Officer determines that there is a requirement for unmanned aircraft systems for use by State or local agencies, planning may begin for the possible development, implementation, and operation of an unmanned aircraft system program within the State of North Carolina. This planning effort shall be accomplished in coordination with the Chief Information Officer for the Department of Transportation and the DOT Aviation Division Director. If the State CIO decides to plan for an unmanned aircraft system program, a proposal for the implementation of the program shall be provided by March 1, 2014, to the Joint Legislative Oversight Committee on Information Technology, the Joint Transportation Legislative Oversight Committee, and the Fiscal Research Division. At a minimum, the proposal shall include the following:
(1) Governance structure to include the appropriate use at each level of government.
(2) Guidelines for program implementation to include limitations on unmanned aircraft system use.
(3) Potential participants.
(4) Costs associated with establishing a program.
(5) Potential sources of funding.
(6) Issues associated with establishing a program to include limitations on entities that may already have purchased unmanned aircraft systems.
(7) Recommendations for legislative proposals.

Consequently, the State CIO established the UAS Working Group, which was composed of an NCEM rep as well as reps from academia and other government agencies, to research UAS issues. You can read their findings in the attached report:

Unmanned Aircraft Use in North Carolina: Report to the Joint Legislative Oversight Committee on Information Technology Joint Legislative Transportation Oversight Committee Fiscal Research Division<http://digital.ncdcr.gov/cdm/ref/collection/p16062coll9/id/148633>

http://digital.ncdcr.gov/cdm/ref/collection/p16062coll9/id/148633

In addition, NCEM developed a UAS implementation plan in the latter part of 2014.

As for privacy concerns, NCEM adheres to the National Geospatial Advisory Committee (NGAC)’s<https://www.fgdc.gov/ngac> Voluntary Best Practices for UAS Privacy, Transparency, and Accountability<https://www.ntia.doc.gov/files/ntia/publications/voluntary_best_practices_for_uas_privacy_transparency_and_accountability.pdf> (https://www.ntia.doc.gov/files/ntia/publications/voluntary_best_practices_for_uas_privacy_transparency_and_accountability.pdf) policy.

c. The altitude at which drones can or do fly;

RESPONSE:

NCEM adheres to the following Federal Aviation Administration (FAA) UAS regulation:

§107.51 Operating limitations for small unmanned aircraft.<http://www.ecfr.gov/cgi-bin/text-idx?SID=e331c2fe611df1717386d29eee38b000&mc=true&node=pt14.2.107&rgn=div5> (http://www.ecfr.gov/cgi-bin/text-idx?SID=e331c2fe611df1717386d29eee38b000&mc=true&node=pt14.2.107&rgn=div5)
A remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system must comply with all of the following operating limitations when operating a small unmanned aircraft system:
(a) The groundspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per hour).
(b) The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft:
(1) Is flown within a 400-foot radius of a structure; and
(2) Does not fly higher than 400 feet above the structure's immediate uppermost limit.
(c) The minimum flight visibility, as observed from the location of the control station must be no less than 3 statute miles. For purposes of this section, flight visibility means the average slant distance from the control station at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.
(d) The minimum distance of the small unmanned aircraft from clouds must be no less than:
(1) 500 feet below the cloud; and
(2) 2,000 feet horizontally from the cloud.

d. Drones’ ability to carry weapons.

RESPONSE:

NCEM is implementing Unmanned Aircraft System (UAS) technology into each of its four phases of emergency management (i.e. Preparedness, Response, Recovery, & Mitigation), which have never involved the usage of weapons.

Thus, NCEM adheres to the following North Carolina UAS regulation:

§ 14-401.24. Unlawful possession and use of unmanned aircraft systems.<http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-401.24.html> (http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-401.24.html)
(a) It shall be a Class E felony for any person to possess or use an unmanned aircraft or unmanned aircraft system that has a weapon attached.
(b) It shall be a Class 1 misdemeanor for any person to fish or to hunt using an unmanned aircraft system.
(c) The following definitions apply to this section:
(1) To fish. - As defined in G.S. 113-130.
(2) To hunt. - As defined in G.S. 113-130.
(3) Unmanned aircraft. - As defined in G.S. 15A-300.1.
(4) Unmanned aircraft system. - As defined in G.S. 15A-300.1.
(5) Weapon. - Those weapons specified in G.S. 14-269, 14-269.2, 14-284.1, or 14-288.8 and any other object capable of inflicting serious bodily injury or death when used as a weapon.
(d) This section shall not prohibit possession or usage of an unmanned aircraft or unmanned aircraft system that is authorized by federal law or regulation. (2014-100, s. 34.30(d).)

Pamela Walker
Communications Director
North Carolina Department of Public Safety
Prevent ~Protect~Prepare

512 N. Salisbury Street
MSC 4202
Raleigh, NC 27699-4202
(919) 733-5027
Pamela.walker@ncdps.gov<mailto:Pamela.walker@ncdps.gov>

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

From: Walker, Pamela

2nd of two e-mails being provided with public information for DPS to respond to your request.

Pamela Walker
Communications Director
North Carolina Department of Public Safety
Prevent ~Protect~Prepare

512 N. Salisbury Street
MSC 4202
Raleigh, NC 27699-4202
(919) 733-5027
Pamela.walker@ncdps.gov

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

From: Walker, Pamela

The following and attached are also being provided related to your Oct. 16 request.

Pamela Walker
Communications Director
North Carolina Department of Public Safety
Prevent ~Protect~Prepare

512 N. Salisbury Street
MSC 4202
Raleigh, NC 27699-4202
(919) 733-5027
Pamela.walker@ncdps.gov

Please see the attached documents:

Description or title

File name

A. Unmanned Aircraft System (UAS) working draft implementation plan for the North Carolina Department of Public Safety (DPS)-North Carolina Emergency Management (NCEM)

UAS_DEM_plan_Final.pdf

B. NCDPS/NCEM's FAA Blanket Area Public Safety Agency Certificate of Waiver or Authorization (COA)

FAA Form 7711-1 2015-ESA-192-COA NC Department of Public Safety NC Emergency Management (BAPS)-signed.pdf

C. UAS insurance

North Carolina Emergency Management - UAV Confirmation of Binding - 6-1-2016.pdf

D. Airworthiness statement on the UX5

NCEM_6.1_Airworthiness_statement_signed.pdf

E. Price quotes:

1). Matrice 100 multirotor

QT10037-1A_M100_Aerial Mapper.pdf

2). Matrice 600 multirotor

NCEM-1A_M600 SAR.docx

F. MOA between NCGS and N.C. A&T State University to use the University Farm as a UAS test site

MOA_btwn_NCGS_and_NC_A&T_re_Permission_to_use_Univ_Farm_as_our_UAS_test_site_10-23-2015.pdf

G. Declaration letter from the NC Attorney General to the FAA verifying that NCDPS/NCEM is a state agency

DECLARATION_LETTER-NC_Attorney_General_to_FAA_UAS_Integration_Office_re_NCDPS-NCEM_06-22-2015.pdf

H. Self-certification statement for Aircraft certification, Remote Pilots, & Visual Observers

LETTER_Mike_Sprayberry_to_FAA_re_Public_agency_self-certification_revised_2016-09-30_signed.pdf

I. Logbooks

1). Aircraft

UAS_Logbook_Trimble_UX5_and_UX5_HP_N190EM.xlsx

2). Maintenance

UAS_Maintenance_inspection_log_Trimble_UX5_and_UX5_HP_N190EM.xlsx

3). Pilot

UAS_Logbook_Curt_D_Johnson.xlsx

4). Visual Observer

UAS_Logbook_Ron Harding.xlsx

5). COA tracking

COA_Tracking_Spreadsheet_2015-ESA-192-COA.xlsx

In addition, you can download our UAS presentations that we have delivered to various groups from the North Carolina Geodetic Survey's "Library<http://www.ncgs.state.nc.us/Pages/Library.aspx?DocType=Presentation>" webpage (http://www.ncgs.state.nc.us/Pages/Library.aspx?DocType=Presentation) by selecting "Presentation" as the Document Type and "UAS" as the NCGS Program Area.
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