On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in John Taylor v. Michael Huerta striking down the Federal Aviation Administration’s Registration Rule, which required the owners of small unmanned aircraft operated for recreational purposes to register with the FAA. (See Registration Rule announcement and full text of the rule.) The Registration Rule was effective on December 21, 2015, but only applied to small unmanned aircraft (UAS) used for hobby or recreation.
Last month marked the second meeting of the Federal Aviation Administration’s (FAA) Drone Advisory Committee (DAC). The meeting was held in Reno, Nevada and offered DAC members their first substantive opportunity to address a wide variety of issues related to the unmanned aircraft systems (UAS or drones), including preemption, access to airspace, and funding UAS integration. Continue reading →
In the world of unmanned aircraft systems, 2016 will be best remembered for the FAA’s release of its final Part 107 regulations for commercial small UAS operations. (See here for more on Part 107.) However, the beginning of December marks that special time of year—a time for the FAA to turn its focus back to operators of recreational UAS.
Last week, the FAA sent a new proposed rule for operations of sUAS (aka “drones”) over people to the White House Office of Information and Regulatory Affairs (“OIRA”).
Currently, Part 107 for the commercial operation of sUAS prohibits operations above non-participants without a waiver. This new rule would provide relief from current Part 107 operational restrictions and would significantly impact various industries eager to exploit UAS applications, such as news & media coverage, search & rescue, real estate, and construction.
With this new development, the FAA continues to expand the sUAS regulatory framework. A rule for micro-UAS weighing less 4.4 pounds is also in FAA’s direct line of sight.
Think your application for a Part 107 waiver is going to fly through the FAA like a drone? Think again. The FAA is throwing some cold water on these expectations. Earlier this week, the agency issued a Part 107 notice to applicants, reporting it has granted 81 ATC authorizations and issued 36 waivers, but denied 71 waiver requests and 854 airspace authorizations. The agency recommends applicants to review and understand the applicable requirements, and demonstrate solid safety mitigations. Continue reading →
In light of the FAA’s new rule (or Part 107) for small Unmanned Aircraft Systems (sUAS), the Unmanned Aircraft Systems (UAS) industry has eagerly pushed the U.S. government to initiate testing of drone delivery systems. Although Part 107 suggests the FAA will likely expand the uses of drones, the rule does not allow for such drone applications in the National Airspace System (NAS). Among the various companies expressing interests in using drones to deliver goods, are industry giants Amazon PrimeAir (Amazon) and Google’s parent company, Alphabet. Continue reading →
The new Federal Aviation Administration’s (FAA) rules (or Part 107) governing the commercial use of small unmanned aircraft systems (also known as drones or sUAS) took effect on August 29, 2016. The utility and energy industries, which are increasingly using sUAS for operations and maintenance, stand to benefit significantly. This summer also saw the enactment of the FAA Extension, Safety and Security Act of 2016 (the “Extension Act”). The new law contains two provisions that may ultimately grant the utility and energy sectors an alternative route to operate drones for their own projects while providing an option to prevent other drone operations near their critical facilities. While these provisions may be beneficial for utilities in the future, the FAA has yet to develop the corresponding policies implementing the provisions. Continue reading →
The Royal Aeronautical Society (RAeS), DC Branch, is hosting a UAS event entitled “Emerging Global Approaches in the Regulation of Commercial UAS.” The event will take place on September 22, 2016, at 6pm at the British International School in Washington, DC. Continue reading →
The FAA’s new rule (or Part 107) for small Unmanned Aircraft Systems (also known as sUAS or drones) took effect on Monday, August 29, 2016. Existing Section 333 Exemption holders may choose to continue operating under the terms and conditions of their exemption until it expires or operate under Part 107 as long as they comply with the rule’s limitations. Whether to operate under a current Section 333 Exemption or Part 107 is the operator’s choice and depends on the nature of the operation. Continue reading →
A federal court upheld the Federal Aviation Administration’s (FAA) subpoenas of a 19-year-old Connecticut drone operator in relation to YouTube videos showing two drones (also known as unmanned aircraft systems or UAS) modified to carry a flamethrower and a handgun. This decision further affirms the FAA’s broad enforcement authority over UAS, but it also highlights the common legal confusion over the precise boundaries of FAA regulation.
After two videos (linked here and here) depicting “weaponized” UAS garnered significant attention on YouTube, the FAA began an investigation into their ownership and development. As part of that investigation, the FAA issued administrative subpoenas to Austin Haughwout and his father Bret Haughwout, asking for depositions, records, video, photographs, and receipts related to the two UAS. The Haughwouts refused to comply with the subpoenas and instead challenged the FAA’s authority to enforce the subpoenas in federal court.