FAA ISSUES UAS PROPOSED RULE; COMMENTS DUE APRIL 24
February 24, 2015
The 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 by April 24, 2015.
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 that are flown for commercial or research purposes. The new part 107 rules would require that registered sUAS (see below) 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 remain within the visual range of sight of the sUAS operator at all times. Observers may be used but are not required, and may not be used to extend the range of the sUAS beyond the operator’s visual range.
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 controlled airspace. 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.
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 the most expensive and time consuming aspects of the existing exemption regime. The new rules could be especially beneficial to companies that conduct facilities inspections in hazardous or remote environments or that could benefit from aerial imagery to manage resources. One key benefit of the proposed rule is that existing employees with expertise in the facilities or resources being managed could be used because the proposed rule only requires a new sUAS operator’s license (which involves a written test) rather than a pilot’s license.
All sUAS will have to be registered in advance with the FAA just like other aircraft. Registration is limited to U.S. corporations and citizens in most cases, and includes a description of the sUAS (make, model and serial number) and its capabilities, proof of ownership (a bill of sale, for example) and current address information. The NPRM does not require type or airworthiness certification for sUAS.
The proposed rule can be found at https://www.federalregister.gov/articles/2015/02/23/2015-03544/operation-and-certification-of-small-unmanned-aircraft-systems
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. Please contact us if you have any questions.
If you have any questions, please contact Earl Comstock(ecomstock@eckertseamans.com, 202-659-6627) or Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622).