FAA ISSUES UAS RULEMAKING
February 16, 2015
The Federal Aviation Administration (FAA) has released a Notice of Proposed Rulemaking (NPRM) that proposes to establish new rules for the commercial use of small unmanned aircraft systems (sUAS) in the United States. Comments on the NPRM are due 60 days after its publication in the Federal Register, which likely will occur this week.
The NPRM would establish a new part 107 to Title 14, Code of Federal Regulations, specifically for sUAS, which are defined as unmanned aircraft with a total weight at takeoff of less than 55 pounds. The new part 107 rules would require that sUAS be operated only during daylight (sunrise to sunset local time) at heights below 500 feet and speeds less than 100 miles per hour, and the sUAS must be within the visual range of sight of the sUAS operator at all times.
Operation of sUAS over persons on the ground (other than those involved in operating the sUAS) is generally prohibited. Operation is allowed in most areas, including over congested areas, with appropriate clearance from air traffic control. In areas not subject to air traffic control or flight restrictions (i.e. stadiums or public events) no preclearance or notification is proposed to be required, subject to the restriction on operating over persons noted above.
The NPRM would also establish a special operator’s license for sUAS in lieu of a private or commercial pilot’s license. The sUAS operator license would require passing an FAA administered knowledge test on ten subject areas, including the part 107 rules, basic weather, basic information on the National Airspace System, basic flight rules for avoiding other aircraft, and load and balance information regarding sUAS. The process for obtaining an operator license is expected to take six to eight weeks and includes review by the Transportation Safety Administration for threats to national security.
No insurance is required under the NPRM, but sUAS will have to be registered with the FAA just like other aircraft. Registration is limited to U.S. corporations and citizens in most cases, and includes proof of ownership (a bill of sale, for example) and current address information.
The publication of this NPRM is a major milestone in opening up the United States to commercial use of sUAS. The rules proposed in the NPRM eliminate some of the most expensive and time consuming aspects of the existing regime, and should allow commercial operations to proceed once they are adopted. Eckert Seamans has attorneys who can assist your company in understanding these proposed rules and providing timely comments to the FAA to address your unique operational requirements.
If you have any questions, please contact Earl Comstock(ecomstock@eckertseamans.com , 202-659-6627) or Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622).