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WASHINGTON � Today, the Department of Transportation�s
Federal Aviation Administration has finalized�the first operational rules
for routine commercial use of small unmanned aircraft systems (UAS or �drones�),
opening pathways towards fully integrating UAS into the nation�s airspace.
These new regulations work to harness new innovations safely, to spur job
growth, advance critical scientific research and save lives.
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�We
are part of a new era in aviation, and the potential for unmanned aircraft will
make it safer and easier to do certain jobs, gather information, and deploy
disaster relief,� said U.S. Transportation Secretary Anthony Foxx. �We look
forward to working with the aviation community to support innovation, while
maintaining our standards as the safest and most complex airspace in the
world.�
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According
to industry estimates, the rule could generate more than $82 billion for the
U.S. economy and create more than 100,000 new jobs over the next 10 years.
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The
new rule, which takes effect in late August, offers safety regulations for
unmanned aircraft drones weighing less than 55 pounds that are conducting
non-hobbyist operations.
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The
rule�s provisions are designed to minimize risks to other aircraft and people
and property on the ground. The regulations require pilots to keep an unmanned
aircraft within visual line of sight. Operations are allowed during daylight
and during twilight if the drone has anti-collision lights. The new regulations
also address height and speed restrictions and other operational limits, such
as prohibiting flights over unprotected people on the ground who aren�t directly
participating in the UAS operation.
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The
FAA is offering a process to waive some restrictions if an operator proves the
proposed flight will be conducted safely under a waiver. The FAA will make an
online portal available to apply for these waivers in the months ahead.
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�With
this new rule, we are taking a careful and deliberate approach that balances
the need to deploy this new technology with the FAA�s mission to protect public
safety,� said FAA Administrator Michael Huerta. �But this is just our first
step. We�re already working on additional rules that will expand the range of
operations.�
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Under
the final rule, the person actually flying a drone must be at least 16 years
old and have a remote pilot certificate with a small UAS rating, or be directly
supervised by someone with such a certificate. To qualify for a remote pilot
certificate, an individual must either pass an initial aeronautical knowledge
test at an FAA-approved knowledge testing center or have an existing
non-student Part 61 pilot certificate. If qualifying under the latter
provision, a pilot must have completed a flight review in the previous 24
months and must take a UAS online training course provided by the FAA. The TSA
will conduct a security background check of all remote pilot applications prior
to issuance of a certificate.
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Operators
are responsible for ensuring a drone is safe before flying, but the FAA is not
requiring small UAS to comply with current agency airworthiness standards or
aircraft certification. Instead, the remote pilot will simply have to perform a
preflight visual and operational check of the small UAS to ensure that
safety-pertinent systems are functioning property.� This includes checking the communications
link between the control station and the UAS.
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Although
the new rule does not specifically deal with privacy issues in the use of
drones, and the FAA does not regulate how UAS gather data on people or
property, the FAA is acting to address privacy considerations in this area. The
FAA strongly encourages all UAS pilots to check local and state laws before
gathering information through remote sensing technology or photography.
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As
part of a privacy education campaign, the agency will provide all drone users
with recommended privacy guidelines as part of the UAS registration process and
through the FAA�s B4UFly mobile app. The FAA also will educate all commercial
drone pilots on privacy during their pilot certification process; and will
issue new guidance to local and state governments on drone privacy issues. The
FAA�s effort builds on the privacy �best practices� the National
Telecommunications and Information Administration published last month as the
result of a year-long outreach initiative with privacy advocates and industry.
(https://www.ntia.doc.gov/files/ntia/publications/voluntary_best_practices_for_uas_privacy_transparency_and_accountability_0.pdf)
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Part
107 will not apply to model aircraft.� Model aircraft operators must
continue to satisfy all the criteria specified in Section 336 of
Public Law 112-95 (which will now be codified in part 101), including the
stipulation they be operated only for hobby or recreational purposes.
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Visit
our website for more information on the FAA and UAS.
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