Rescue mission’s attorney says the FAA’s move is “absurd” and “without legal basis.”
A Texas group that searches for missing people is fighting a Federal Aviation Administration order to stop using drones for its searches, adding a new challenge to the agency’s authority to prohibit drones in the U.S.
The group, Texas EquuSearch, has been using small drones, or unmanned aircraft, since 2006 to map search areas and conduct searches itself.
The Federal Aviation Administration is grounding the nonprofit Texas volunteer search-and-rescue outfit that employs five-pound styrofoam drones, but the group is fighting back and maintains that “there is no legal basis” for the FAA’s position.
The legal tussle between Texas EquuSearch Mounted Search and Recovery Team and aviation authorities continues to brew a month after a judge nullified FAA regulations barring the commercial use of small, unmanned drones (PDF).
“This technology gives us a better chance at finding missing people alive without the high cost of using helicopters, which are often not even available, and making the best and safest use of our volunteer searchers’ time during the critical first hours,” said the group’s founder, Tim Miller. “The drones help me fulfill the promise I make to families that I will use every resource available to bring home their missing loved ones.”
The spat could further embolden entrepreneurs and companies that are growing restless with the FAA’s “pace in setting rules for unmanned aircraft.”
“I think it’s absurd,” said EquuSearch attorney Brendan Schulman.
Schulman recently sent the FAA a letter, demanding that it “reverse or rescind this unlawful directive“ (PDF) because of “the urgent nature of the humanitarian work performed by the Texas EquuSearch Team.”
Schulman said he would take legal action if the agency doesn’t act. And the group might still launch a drone despite the FAA’s orders, he said.
“If there’s an opportunity to save a life, they may be compelled to proceed,” Schulman said. “We have given the agency a chance to respond and do the right thing. We haven’t heard back from them.”
The FAA said the search-and-rescue group could contract with a government agency and apply for a so-called “Certificates of Waiver or Authorization (COA)“ on a case-by-case basis. Approval, the agency said in an e-mail, is “sometimes in a matter of hours.” Schulman scoffed.
“The FAA has provided no reason for a bureaucratic approach to using a model aircraft at low altitudes away from airports for humanitarian purposes, and there is no good reason,” he said in an e-mail.
An federal administrative-law judge, Patrick Geraghty, ruled that “the FAA’s ban on the commercial use of drones was not binding because flight officials did not give the public a chance to comment on the agency’s rules. Congress has delegated rule making powers to its agencies, but the Administrative Procedure Act requires the agencies to provide a public notice and comment period first.”
That did not happen when the FAA banned the commercial use of drones in 2007, a judge ruled last month.
The FAA is appealing the decision.
04-23-14 – 27 year-old Andrew Jarzyk was last seen jogging in ..
Search Information: Law enforcement investigators with the Vernon Parish, Louisiana Sheriff’s Office have requested the help of Texas EquuSearch to find 31 year-old James Stephens in Rosepine, Louisiana. The active search for James will begin at 9:00 a.m. on Saturday – April 12th 2014 at the Providence Baptist Church, located at 2206 Providence Rd.
We are please to announce thar 37-year old Khai Nguyen has been found and safely returned to his loved ones. Thanks to all the volunteers, who assisted in the search for Khai. Your work has lead to Khai’s safe return.
A body found on Saturday – April 12th 2014 has been positively identified as 19 year-old Gabriel Verdin. We ask that everyone please keep Gabriel’s family and friends in your thoughts and prayers during this most devastating time in their lives.
04-11-14 – We are saddened to learn that a body, thought to be that of Allen McKinney has been found. However, positive identification must still be confirmed by law enforcement investigators and medical authorities. Please keep Allen’s family and friends in your thoughts and prayers during this most difficult time in their lives. 03-03-14
Tara Jo Schubert has been found safe and is back with her family. Info: 16 year-old Tara Jo Schubert was last seen in Liberty County, Texas on April 8th 2014. Tara was last seen jogging in the area of FM 105 near Davis Blvd. (County Rd. 2254) in Liberty County, Texas.