Strategies for Passing Regulatory Procedures during the Operational Phase of Unmanned Aircraft Systems
Round 1
Reviewer 1 Report
For the reader not already familiar with permitted / illegal UAV use in Russia, it would be helpful to have an overview of what is currently allowed vs. not allowed. For example, can I have a hobby UAV in my backyard? What constitutes commercial use, etc.? Lines 250-320 seem to start to do this, but not very clearly and it would be helpful to understand the existing situation/regulations before you propose a new structure.
It would help to clarify the connection between the violations discussed in the introduction and the regulations being proposed.
It is not readily apparent how figures 2 and 3 differ.
The long list on page 7, lines 165-193, along with figure 4, feel out of place, or need further explanation. They feel dropped in with no explanation for why they are there and the list that begins on line 165 visually seems like a continuation of the list above. If you can leave a line after the last item on a list before you start a new paragraph it may be helpful (throughout the paper).
Author Response
Comment: For the reader not already familiar with permitted / illegal UAV use in Russia, it would be helpful to have an overview of what is currently allowed vs. not allowed. For example, can I have a hobby UAV in my backyard? What constitutes commercial use, etc.? Lines 250-320 seem to start to do this, but not very clearly and it would be helpful to understand the existing situation/regulations before you propose a new structure. It would help to clarify the connection between the violations discussed in the introduction and the regulations being proposed.
Answer: To regulate activities using unmanned aerial vehicles (UAV) in the Russian Federation and at the international level various regulatory legal acts are in force. The legal basis for the use of the airspace of the Russian Federation and activities in the field of aviation, as well as the general procedure for performing flights of civil, state and experimental aviation in the airspace of the Russian Federation, are established by a number of regulatory legal acts, the key of which is the Air Code of the Russian Federation of March 19, 1997 No. 60- FZ. It is worth noting that the rules governing the legal status of UAV appeared when the Federal Law of December 30, 2015 No. 462-FZ “On Amendments to the Air Code of the Russian Federation regarding the use of UAV” was adopted and entered into force.
In May 2019, the Government of the Russian Federation, by its Decree No. 658 of May 25, 2019, approved the Rules for Accounting Unmanned Civil Aircraft with a maximum takeoff weight of 0.25 kilograms to 30 kilograms imported into the Russian Federation or manufactured there. This document applies to unmanned civil aircraft with a maximum takeoff weight of 250 grams to 30 kilograms, that is, to most drones, including those used by citizens for recreational purposes. According to this decree, drone owners are not allowed to launch them into the sky without going through the registration procedure.
Owners of unregistered drones will face fines for the fact that the aircraft is in the air without identification marks. The flight of an unaccounted unmanned aircraft (UAV) will be regarded as a violation of the rules for the use of Russian airspace, and each launch of such drones will threaten the owners with a loss of 20 to 50 thousand rubles (for individuals), from 100 to 150 thousand rubles (for officials) and from 250 to 300 thousand rubles (for legal entities).
UAV with a maximum takeoff weight of up to 250 grams do not need to be registered. However, such devices are still subject to the rules regarding the use of airspace and the safe conduct of flights.
UAV with a maximum takeoff weight of more than 30 kilograms are subject to state registration, as well as manned aircraft. In addition, UAV of this category are subject to the following requirements: on the obligatory receipt of a certificate of airworthiness (Article 36 of the Air Code of the Russian Federation); on the need to obtain flight certificates for persons servicing and operating an aircraft (Articles 53 and 57 of the Air Code of the Russian Federation).
It should be noted, that in accordance with point 11 of the Air Code of the Russian Federation, the use of airspace is an activity related, among other things, to the movement of material objects in the airspace. There are no exceptions to this rule; accordingly, the use of civil UAV, regardless of their category, is the use of airspace and requires compliance with the established rules for such use.
The procedure for using the airspace is regulated in detail by a special regulatory legal act: the Federal Rules for the Use of the Airspace of the Russian Federation, approved by Decree of the Government of the Russian Federation of March 11, 2010 No. 138.
Thus, the legislative regulation of the legal status of drones in the Russian Federation is in its infancy. The creation of an appropriate regulatory and legal framework is carried out by amending existing regulatory legal acts, which complicates the air legislation and, accordingly, law enforcement practice.
Comment: It is not readily apparent how figures 2 and 3 differ.
Answer: Figure 2 shows ICAO operational risk classification for unmanned aerial systems. Figure 3 shows an analysis of the legal and regulatory framework of the Russian Federation in the field of unmanned aerial systems.
Comment: The long list on page 7, lines 165-193, along with figure 4, feel out of place, or need further explanation. They feel dropped in with no explanation for why they are there and the list that begins on line 165 visually seems like a continuation of the list above. If you can leave a line after the last item on a list before you start a new paragraph it may be helpful (throughout the paper).
Answer: The fragment reveals the features of three categories of UAV identified in Europe with standardized requirements, into which all drones and their operators are divided. The categories take into account the difference between UAV on various grounds, including the complexity of control, purpose, operating altitude, type of airspace in which the devices can be used, and visual line of sight (VLOS).
Assignment to the operational category will make it possible to determine the scope of requirements for unmanned aerial systems airworthiness, as well as to form operating conditions.
Reviewer 2 Report
This paper propose analysis of the main possible strategies for passing regulatory procedures at the stage of UAS operation and formulate the strategies for the commercial application of UAS. However, the authors need to revise the paper and improve their English to make the paper readable.
I recommend the following:
Abstract: (1) How the analysis of the main possible strategies for passing regulatory procedures was conducted? Same for formulation of the strategies for the commercial application of UAS
Introduction: (2) What is the source of information for the data in Table 1. Also, data like Number of protocols and Number of decrees are not explained.
Introduction: (3) The authors should describe the gap between the current work and their work or state their work’s objectives clearly.
Theoretical Basis: (4) The authors listed the responsible organizations for regulatory issues in the field of UAS in the Russian Federation, however the authors did not show impact of these organization to their work or how it is aligned with their strategies analysis/formulation.
Methodology: (5) In line 117, methods were listed without explanation of how they implemented it which make the methodology not clear.
Results and Discussion: (6) The roadmap measures shown in table 2, implemented from 2019. Justify, why past years were included?
Conclusions: (7) The authors stated that “The choice of the optimal strategy for the commercial application of UAS under the current regulatory framework significantly depends on the stage of the life cycle of UAS, …” however, this claim was not supported by the result.
Author Response
Comment: Abstract: (1) How the analysis of the main possible strategies for passing regulatory procedures was conducted? Same for formulation of the strategies for the commercial application of UAS
Answer: International and national programs, regulations and modern technological solutions related to the integration of UAS in controlled and uncontrolled airspace were analyzed. Based on the analysis of the regulatory framework for the use of the airspace of the Russian Federation and activities in the field of aviation, the main problems in the development of UAS market at the moment were identified. The article analyzes modern air legislation and considers the issues of its improvement in the interests of improving the safety of the use of UAV and manned aircraft, as well as the development of the economy of the Russian Federation.
The main sources of initial information were regulatory and instructive and methodological documents of the Government of the Russian Federation, the Ministry of Industry and Trade of Russia and its subordinate research institutes, the Ministry of Transport of Russia; other departments, state programs of the Russian Federation regulating the development, production and operation of UAS, air traffic safety, certification standards, etc., as well as materials of Russian and foreign scientific printed and electronic periodicals.
Comment: Introduction: (2) What is the source of information for the data in Table 1. Also, data like Number of protocols and Number of decrees are not explained.
Answer: The data for Table 1 are taken from the report of the Head of the Department for State Supervision of Activities in Civil Aviation of the Federal Service for Supervision in the Sphere of Transport. A reference has been provided.
Comment: Introduction: (3) The authors should describe the gap between the current work and their work or state their work’s objectives clearly.
Answer: The main purpose of the article is to analyze the main possible strategies for passing regulatory procedures at the stage of UAS operation and their integration into the single airspace of the Russian Federation, which will ensure:
- UA integration that does not lead to a decrease in the existing level of flight safety, an increase or creation of a risk to the life and health of citizens, as well as the risk of causing harm to ground infrastructure and property of citizens;
- existence of a level of requirements in the field of preparation, performance and support of flights of UAV, proportional to potential risks: the higher the risk, the higher the requirements;
- unmanned and manned aircraft have equal access to the airspace of the Russian Federation, taking into account the implementation of flight safety requirements;
- compliance of unmanned and manned aircraft with the established technical requirements in the field of flight safety;
- compliance of external pilots with the established requirements in the field of aviation personnel training;
- formation and implementation of the regulatory, technical and regulatory framework of the Russian Federation in the field of the use of unmanned aircraft, taking into account the standards and recommended practices of the International Civil Aviation Organization.
The key condition for the success of the introduction of unmanned aircraft in the economy of the Russian Federation is the joint and compromise achievement of the interests of the state in the face of regulatory regulators (federal executive authorities and certification bodies) and the business of developing a mass commercial market for the use of UAS while observing established flight safety requirements. Implementation of the safe and efficient integration of UAS into the airspace of the Russian Federation should be a systematic and phased work, involving the participation of all interested parties in the development of regulatory legal and technical regulation, the creation and implementation of new technologies, the development and qualification of airborne and ground equipment, operational procedures for organizing air traffic, training of air traffic controllers, remote pilots and personnel involved in the maintenance of UAS.
Comment: Theoretical Basis: (4) The authors listed the responsible organizations for regulatory issues in the field of UAS in the Russian Federation, however the authors did not show impact of these organization to their work or how it is aligned with their strategies analysis/formulation.
Answer: Analysis of the legal and regulatory framework in the field of UAS showed that:
- there is no national regulatory framework for the development, certification and operation of UAS, it is necessary to change/develop more than 60 regulatory documents;
- procedures for certification of UAS and their components are not defined.
Therefore, it is necessary to carry out systematic and phased work, involving the participation of all interested parties in the development of legal and technical regulation in the field of UAS.
Comment: Methodology: (5) In line 117, methods were listed without explanation of how they implemented it which make the methodology not clear.
Answer: The practical implementation of this study required an integrated approach, that is, the joint use of quantitative and qualitative methods. The article shows the main methods used by the authors when conducting a study on the formation of strategies for passing regulatory procedures at the stage of UAS operation in the Russian Federation and the development of methodological proposals for improving the regulatory legal framework in the field of using UAS airspace.
Comment: Results and Discussion: (6) The roadmap measures shown in table 2, implemented from 2019. Justify, why past years were included?
Answer: Table 2 shows the stages of integration of UAS into the airspace of the Russian Federation from 2019 to 2035 to show the implemented and planned activities.
Comment: Conclusions: (7) The authors stated that “The choice of the optimal strategy for the commercial application of UAS under the current regulatory framework significantly depends on the stage of the life cycle of UAS, …” however, this claim was not supported by the result.
Answer: The conclusions are corrected.
Round 2
Reviewer 1 Report
Thank you for the thoughtful edits.
Reviewer 2 Report
The authors have addressed the significant comments.
