WSR 15-20-089
[Filed October 6, 2015, 7:15 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-17-099.
Title of Rule and Other Identifying Information: Adopting chapter 172-110 WAC, Drones and model aircraft, to codify rules related to the use of unmanned aircraft on or over property owned, operated or controlled by Eastern Washington University.
Hearing Location(s): Eastern Washington University, Main Campus, Showalter Hall, Room 201, Cheney, WA 99004, on November 12, 2015, at 10:00 a.m.
Date of Intended Adoption: November 20, 2015.
Submit Written Comments to: University Policy Administrator, 214 Showalter Hall, Cheney, WA 99004, e-mail, fax (509) 359-7036, by November 10, 2015.
Assistance for Persons with Disabilities: Contact Trent Lutey by November 10, 2015, (509) 359-6322.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These rules are needed to protect personal privacy and ensure public safety.
Statutory Authority for Adoption: RCW 28B.35.120(12).
Statute Being Implemented: Not applicable.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Trent Lutey, 214 Showalter, Cheney, WA 99004, (509) 359-6322; Implementation and Enforcement: Laurie Connelly, 214 Showalter, Cheney, WA 99004, (509) 359-2371.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC revision does not impose a disproportionate impact on small businesses.
A cost-benefit analysis is not required under RCW 34.05.328. Chapter 172-121 [172-110] WAC is not considered a significant legislative rule by Eastern Washington University.
October 5, 2015
Trent Lutey
University Policy Administrator
Chapter  172-110  WAC
WAC 172-110-010 Scope.
These rules govern the use of drones and model aircraft:
(1) by university employees and students operating a drone or model aircraft in any location as part of their university employment or as part of university activities; and,
(2) the operation by any person of a drone or model aircraft on or above Eastern Washington University property.
WAC 172-110-020 General.
The operation of drones and model aircraft is regulated by the Federal Aviation Administration (FAA) and relevant state law. Eastern Washington University is committed to ensuring compliance with those legal standards and reducing risks to safety, security and privacy.
WAC 172-110-030 Definitions.
Throughout this chapter, the following definitions shall apply:
(1) 'Eastern Washington University Property' includes all buildings, grounds, and land that are owned and/or operated by Eastern Washington University.
(2) 'Drones' refers to Unmanned Aircraft Systems (UAS) as defined by the Federal Aviation Administration (FAA) and includes any aircraft that is operated without the possibility of direct human intervention from within or on the aircraft and associated elements.
(3) 'Model Aircraft' refers to Unmanned Aircraft Systems that are used for hobby and/or recreation.
(4) 'Navigable Airspace' means the airspace of the United States above the minimum altitudes of flight prescribed by the regulations of the FAA, including airspace needed to ensure safety in the takeoff and landing of aircraft.
(5) Commercial Purpose means the transportation of persons or property or other use of drones for compensation or hire.
WAC 172-110-040 Educational use of drones.
The university, in carrying out its educational, research, and service missions, may make use of drones when granted authorization to do so by the FAA.
A university employee or student who wishes to operate a drone as part of their university employment or an official university activity must comply with FAA regulations and university policy. Information on how to obtain authorization is available from the Director of Public Safety (Director). Only the Director may submit requests for authorization to the FAA for such educational use of drones.
Any university employee, student, or unit purchasing a UAS (or the parts to assemble a UAS) with university funds or funds being disbursed through a university account, or grant funds, must contact the Director to pursue needed approval(s).
Any use or work on UAS technology must comply with the International Traffic in Arms Regulations, Export Administration Regulations, and Office of Foreign Asset Control regulations.
WAC 172-110-050 Third party professional use of drones.
Third parties planning to use a drone on or above Eastern Washington University property shall:
(1) obtain approval from the Director;
(2) provide proof of FAA approval;
(3) enter into a contract which holds the university harmless from any resultant claims or harm to individuals and damage to university property; and,
(4) provide proof of insurance as required by the Director.
WAC 172-110-060 Personal use of drones or model aircraft.
Personal use of drones and/or model aircraft on or above Eastern Washington University property requires the advance approval of the Director and is subject to the following restrictions:
(1) Model aircraft must be kept within visual sightline of the operator at all times;
(2) Model aircraft must weigh under 55 pounds unless certified by an aeromodeling community-based organization; and,
(3) Model aircraft must be flown a sufficient distance from populated areas.
WAC 172-110-070 Prohibited use of drones and model aircraft.
The use of drones and model aircraft is prohibited in areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include, but are not limited to, restrooms, locker rooms, in and around residential buildings or facilities, individual residential rooms, changing or dressing rooms, health treatment rooms, campus daycare facilities, and university offices and work areas. Drones and model aircraft may not be used to monitor or record institutional or personal information which may be found, for example, on computer or other electronic displays.
WAC 172-110-080 Director of public safety.
(1) The Director of Public Safety shall ensure that the use of drones and model aircraft subject to these rules is in compliance with applicable federal and state laws.
(2) The Director shall consider ethical issues related to a proposed use of drones or model aircraft prior to approving such use.
(3) The Director shall keep the Vice President for Business and Finance informed of any use of drones or model aircraft under these rules.
(4) In responding to a proposed use of a drone or model aircraft, the Director may approve the use as proposed, may require modification of the proposal, or may deny the proposal.
(5) The Director may deny any proposed use of a drone or model aircraft that he/she determines constitutes a commercial use or is otherwise not authorized under federal, state, or local laws or regulations.
(6) If the Director denies a proposed use, the denial may be appealed, in writing, to the Vice President for Business and Finance.
(7) The Director shall provide ongoing review of approved drone and model aircraft use.
(8) With the approval of the Vice President for Business and Finance, the Director may develop procedures for implementing these rules.
(9) The Director may suspend or terminate any use of drones or model aircraft deemed inconsistent with previously approved use, and/or the requirements of federal, state, or local regulations.
WAC 172-110-090 Violations.
Violations of this chapter are subject to applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university.
Legal prohibitions regarding physical presence on campus/trespassing and other legal action may also be pursued against third parties that violate this chapter.
Fines or damages resulting from the unauthorized use of drones or model aircraft shall be the responsibility of the persons or units involved.