These comments are being submitted on behalf of DJI Technology (“DJI”) to the Virginia Department of Conservation and Recreation’s (“Department”) proposed. amendments to 4VAC5-30-10. While DJI recognizes that this proposed change to the regulation is to update terminology, DJI believes it is important to comment on the underlying policy, which prohibits the use of UAS from being brought into state parks.

As background, DJI Technology (DJI) is the world's leader in commercial and civilian unmanned aircraft systems. DJI is engaged in UAS policy development at both the federal and state levels, including here in the Commonwealth of Virginia. DJI has worked with the General Assembly and Executive Branch on ensuring the Commonwealth has a regulatory environment which encourages the development of the UAS industry while also ensuring public safety.

DJI is concerned with the regulations regarding the use of unmanned aircraft systems in state parks. A prohibition is unreasonable and not a risk based approach that accounts for the existing federal and state laws in place concerning the safety and security of this technology. This policy will undoubtedly have a number of unintended consequences.

Virginia has worked hard to foster a reputation as a state which embraces UAS technology. Indeed, this work was recognized by the Business Facilities Magazine’s 15th Annual Rankings Report, which determined that Virginia’s initiatives in unmanned aerial systems business deserved the top spot in the nation for its UAS innovation and expansion. However, efforts to stymie UAS use could jeopardize Virginia’s ranking. The drone industry is continuing to grow and antiquated policies such as this does not send positive signals to businesses looking to utilize this technology.

State parks are ideal places for recreational UAS pilots to learn to fly safely. They are typically located in areas with less active airspaces than around cities and not densely populated on the ground. They provide wide open spaces and clear sight lines for safe operations.

The Federal Aviation Administration has sole jurisdiction over regulating the national airspace. As such, they have promulgated rules that ensure safety as UAS are integrated into the airspace. These rules include that recreational pilots fly within visual line of sight, below 400 feet, not directly over people, must register their drone, and more requirements that maintain safety as the focal point. With the current rules in place, operations in state parks can be permitted without sacrificing high levels of safety.

The FAA is currently working to finalize rule making regarding Remote ID. This will provide even greater accountability and support public safety officials. With Remote ID imminent, there is even less reason UAS policies for Virginia state parks to be based on fear and risk harming innovation.

DJI Technology appreciates the Department of Conservation and Recreation’s consideration of these comments. Thank you.