FAA ISSUES NEW RULE REGULATING COMMERCIAL USES OF UNMANNED AERIAL SYSTEMS (UAS)

July 2, 2016

On June 21, 2016 the FAA released new guidelines under Part 107 of the FAA Modernization Act of 2012 governing the use of small unmanned aircraft systems (sUAS) in U.S. airspace. The new Part 107 grants operators the ability to operate without seeking a special airworthiness certificate, exemption, or waiver previously required by the FAA for commercial sUAS operations under Section 333 of the FAA Modernization Act. Under the new guidelines, applications for commercial sUAS operations will be placed into one of three categories, which depending on FAA assessment, will allow the prospective applicant to commence sUAS operations either: (1) entirely under Part 107 without a waiver or exception; (2) with a waiver under Part 107 approved or denied based upon the operator’s application for exemption; or (3) under Part 107 with waiver pending further regulatory review.

The highly-anticipated rule, which regulates both commercial and non-commercial uses of sUAS, includes several operational rules and requirements, including:

• Restriction of operations to sUAS weighing 55 pounds or less;
• Restriction of all sUAS operations to remain within operators’ Visual Line of Sight (VLOS) at all times;
• Prohibition against sUAS operations over any persons not directly participating in the operation, under a covered structure, or inside a covered stationary vehicle;
• Prohibition against sUAS operations at night;
• Prohibition against sUAS operations higher than 400 feet above ground level (AGL) or at a speed faster than 100 mph (87 knots);
• Prohibition against sUAS carriage of hazardous materials;
• Requirement for all sUAS operators to perform a pre-flight inspection prior to any sUAS flight;
• Requirement that all sUAS operators must satisfy Remote Pilot in Command Certification and sUAS piloting responsibilities, such as:
  • possession of a Remote Pilot Airman certificate with an sUAS rating, or be under the direct supervision of a person holding a Remote Pilot Certificate;
  • demonstration of adequate aeronautical knowledge proficiency by either:
  • passage of an initial aeronautical knowledge test at an FAA-approved knowledge testing center; or
  • holding an FAA part 61 pilot certification other than a student pilot designation;
  • completion of both a flight review within the previous 24 months and an sUAS online training course provided by the FAA;
  • vetting by the Transportation Security Administration (TSA);
  • being at least 16 years old, and;
  • Hold at least a temporary Remote Pilot Certificate issued upon submission of an application for a permanent certificate, which will be issued by the FAA within ten days of receipt of an application for a permanent certificate.

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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