Dan Elwell, the Acting Administrator of the Federal Aviation Administration (FAA), delivered the keynote speech opening the Interdrone conference earlier this month. His remarks predictably emphasized a concern for safety. He mentioned a number of regulatory hurdles facing the unmanned aircraft systems (UAS or drone) industry, namely remote identification and unmanned traffic management (UTM). He also mentioned privacy and public opinion very briefly in his speech. But how close are we to finding workable solutions to these problems? Expected legislation may help to address some of these concerns, but the UAS industry will still need more in order to fully integrate into the National Airspace System (NAS).
The Unmanned Aircraft Systems Identification and Tracking Aviation Rulemaking Committee (ARC), chartered earlier this year, was unable to reach a consensus on key issues. Given that Michael Huerta, Administrator of the Federal Aviation Administration (FAA), described the committee’s work as fundamental for allowing operations over people and operations beyond the visual line-of-sight (BVLOS), the committee’s inability to reach a consensus could mean further delay in the necessary regulation that would allow for these operations.
What Is the ARC and What Was It Supposed to Do?
As rules and regulations stand currently, the interim rule entitled “Registration and Marking for Small Unmanned Aircraft” does not include provisions for identifying small aircraft during operations. The FAA recognized that having a remote identification process could provide value in terms of public safety and the safety of the National Airspace System (NAS), so it chartered the ARC on May 4, 2017. The ARC was designed to inform the FAA on the available technologies for remote identification and tracking, shortfalls in available standards, and to make recommendations for how remote identification may be implemented. As of June, the committee had more than 70 members representing a variety of interested stakeholders including representatives from the UAS industry, UAS manufacturers, local law enforcement, and more. Continue reading →
Last week US District Judge William G. Young ruled in favor of Dr. Singer in Singer’s lawsuit against the city of Newton, MA (Newton) challenging portions of the city’s local unmanned aircraft systems (UAS or drone) ordinance. With the continued proliferation of state and local drone laws, the case drew a considerable amount of attention, with some even contending that the ruling “establishes a rock solid affirmation that the federal government unequivocally holds jurisdiction over the drone industry.” While the ruling does bode well for proponents of federal preemption in the UAS space and can be interpreted as a solid first step, its impact is limited.
What was at Issue Here?
On December 19, 2016, Newton passed an ordinance regulating UAS operations within the city. The ordinance was designed to allow beneficial uses of drones while protecting the privacy of residents throughout the city, and was intended to be read and interpreted in harmony with all relevant rules and regulations of the Federal Aviation Administration (FAA). Dr. Michael Singer, a Newton resident and certified small unmanned aircraft system (sUAS) pilot who owns and operates multiple drones, filed suit against the city challenging four provisions of the ordinance. Dr. Singer claimed that the registration requirements in section (b) and the operation limits of subsections (c)(1)(a), (c)(1)(b), and (c)(1)(e) were both field and conflict preempted by federal law. Judge Young determined that all four provisions were conflict preempted thus striking down those portions of the ordinance. Continue reading →
The Trump Administration has proposed that Air Traffic Control (ATC) functions be shifted away from the FAA to a nonprofit, nongovernmental organization, arguing that the move would allow for increased efficiency particularly in terms of modernization by changing the ATC system from radar-based to satellite-based. If adopted, this plan could accelerate the safe integration of unmanned aircraft systems (UAS or drones) into our national airspace system (NAS).
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 →
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 →
The FAA’s new final rule, which will revolutionize commercial operations of small drones (also known as small Unmanned Aircraft Systems or sUAS), will become effective on Monday, August 29, 2016. The FAA is replacing its previous commercial sUAS regime requiring individual, case-by-case adjudications and establishing a broad authority for pilots to operate within certain parameters.