FAA FINAL UAS RULE BECOMES EFFECTIVE
May 6, 2021
On April 21, 2021, the FAA’s final UAS rules on the Operation of Small UAS Over People and Remote ID became effective.
The “Operation of Small Unmanned Aircraft Systems Over People” final rule, available here, allows expanded routine operations of small UAS over people without a waiver or exemption, provided that the operation meets the requirements of one of four operational categories. The first three categories are based on the risk of injury they present to people on the ground, while the fourth category is based on the small UAS having an airworthiness certificate. The rule also allows routine operations of small UAS at night under two conditions: (1) the UAS pilot must complete a current initial knowledge test and recurrent training to ensure familiarity with the risks and appropriate mitigations for nighttime operations; (2) the small unmanned aircraft must have lighted anti-collision lighting visible for at least three statute miles that has a flash rate sufficient to avoid a collision.
The “Remote Identification of Unmanned Aircraft” final rule, available here, provides for new remote identification operational requirements for UAS. Operators can comply by any of the following methods: (1) by operating a standard remote identification UAS that broadcasts identification, location, and performance information of the unmanned aircraft and control station; (2) by operating a UAS with a remote identification broadcast module, where the broadcast module broadcasts identification, location, and take-off information, and may be a separate device that is attached to a UAS, or a built in feature; and (3) by operating UAS without any remote identification equipment, when the UAS is operated at specific FAA-recognized identification areas.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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