FEDERAL AVIATION ADMINISTRATION ISSUES SEVERAL NEW UAS RULES
March 11, 2019
On February 13, 2019, the FAA published proposed rules titled “Operation of Small Unmanned Aircraft Systems Over People” to expand permitted operations of unmanned aerial systems (UAS). The proposed rules would update the FAA’s existing UAS regulations in 14 CFR Part 107 for drones weighing under 55 pounds (about 25 kg). Interested parties can submit comments on the Proposed Rule through April 15, 2019.
Under the proposal, night operations will be permitted only if an operator undergoes training and the drone is equipped with an anti-collision light. Operations directly over exposed people will be permitted according to a three-category system of classification that is designed to be technology-neutral and scaled to risk of injury to persons on the ground. UAS manufacturers would bear the burden of demonstrating to the FAA that their products contain adequate safety features to meet the criteria of a given category.
Also on February 13, 2019, the FAA published an advance notice of proposed rulemaking (ANPRM) entitled “Safe and Secure Operations of Small Unmanned Aircraft Systems” that addresses the security aspects of UAS operation. The FAA has requested input on several issues, including: whether drone regulations should impose stand-off distances in certain situations; whether altitude, airspeed, or performance limitations should be imposed; whether drones can operate as part of unmanned traffic management systems; whether payload restrictions are necessary (e.g., hazardous materials rules); and whether specific safety design requirements are necessary for advanced operations. Interested parties can submit comments on the ANPRM through April 15, 2019, and the FAA is expected to propose regulations later this year.
Finally, effective February 25, 2019, any UAS must clearly display its FAA identification number on the outside the craft to facilitate easy identification. This replaces a rule that had allowed drone operators to affix the FAA number on an inside surface of the drone.
If you have questions about the above or would like help in submitting comments on the proposed regulations, please contact us.
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 Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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