NEW FAA RULES FOR SMALL UNMANNED AIRCRAFT SYSTEMS GO INTO EFFECT
September 19, 2016
On August 29, 2016 the FAA announced the implementation of Part 107 – Small Unmanned Aircraft Rule (published as of June 21, 2016) for routine non-hobbyist use of small unmanned aircraft systems (sUAS or drones).
Provisions of Part 107 that recently became effective include those that pertain to waivers on some rule’s restrictions based on Section 333 of the FAA Modernization and Reform Act of 2012 (Part 101), airspace authorization and aeronautical knowledge tests. For instance, the FAA can waive some of the rule’s restrictions if an operator can demonstrate that the proposed flight “may operate safely in the national airspace system”. Moreover, users of sUAS can operate their unmanned aircraft in Class G (uncontrolled) airspace without air traffic control permission. But, operations in Class B, C, D and E airspace need air traffic approval. Access to controlled airspace can be requested via the FAA’s electronic portal. Finally, operators can now take the Aeronautical Knowledge Test required under Part 107. After an operator passes the test, he or she must complete an FAA Airman Certificate and/or Rating Application to receive a remote pilot certificate required under Part 107.
Importantly, Part 107 does not apply to model aircraft. Model aircraft operators must continue to satisfy all the criteria specified in Section 336 of Part 101, including the stipulation they be operated only for hobby or recreational purposes.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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