Up, Up and Away? FAA Proposes Commercial Drone Regulations

In February, the Federal Aviation Administration (FAA) released its much-anticipated commercial drone regulations.

While the proposed drone regulations relax some restrictions, there is still along way to go before businesses will be able to fly the friendly skies.

The FAA’s Notice of Proposed Rulemaking addresses the growing proliferation of small, unmanned aircraft systems (UAS), more commonly called “drones.” Under current rules, drones can only be used for recreational purposes, unless the operator obtains special authorization from the FAA.

Under the FAA’s proposed framework:

• A small UAS is defined as less than 55 pounds.
• Small UAS operators must be at least 17 years old, pass an aeronautical knowledge test and obtain an FAA certificate.
• Small UAS operators must maintain visual line of sight (even if using a spotter) and may only operate during daylight hours
• A small UAS may not fly over people, except those directly involved with the flight.
• Operators cannot allow any object to be dropped from the UAS.
• Flights are limited to 500 feet altitude and no faster than 100 mph.
• Operators must stay out of airport flight paths and restricted airspace areas, and obey any FAA Temporary Flight Restrictions (TFRs).

The proposed rule also addresses the possibility of an additional, more flexible framework for “micro” UAS under 4.4 pounds. The FAA is asking the public to comment on this possible classification to determine whether it should include this option as part of a final rule.

Separately, the White House issued a Presidential Memorandum regarding privacy, civil rights, and civil liberty concerns raised by the federal government’s use of UAS within the United States. The administration also indicated that it plans to meet with stakeholders to “develop and communicate best practices for privacy, accountability and transparency issues regarding commercial and private UAS use.”

While the FAA’s rule proposal is certainly a good start, businesses that wish to legally use drones will still need to obtain an exemption for the foreseeable future. At a recent Congressional hearing, Gerald Dillingham, the director of civil aviation for the Government Accountability Office, testified that he did not expect finalized rules until at least 2017.