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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.
“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.”
According to industry estimates, the rule could generate more than $82bn for the U.S. economy
and create more than 100,000 new jobs over the next 10 years.
The newly-created Federal Aviation Regulation (FAR) 14 CFR Part 107, which takes effect in
late August, applies to commercial use of UAS weighing less than 55 lbs., and generally
follows the agency's notice of proposed rulemaking (NPRM) released in early 2015 with key
differences reflecting input from NBAA and other industry stakeholders.
"We commend the FAA for balancing the imperative to maintain safety for manned aircraft
operating in the national airspace system (NAS) with the practical needs of this
rapidly-emerging industry," said Bob
Lamond, NBAA director, air traffic services &
infrastructure. "Overall, these regulations provide clearly-defined operating parameters that
commercial UAS users have sought for years.”
Main Points
Changes from the NPRM include lowering the maximum operating altitude for UAS to 400'
above ground level (100' below the minimum altitude for manned aircraft) and revised
classification of a UAS operator as Remote Pilot in Command (PIC).
Remote PICs must be at least 16 years of age, and be able to read, speak, and write in
English. New UAS operators will be required to obtain a remote pilot certificate by passing an
initial aeronautical exam at an approved FAA testing center, with subsequent recurrent testing
every two years. Operators with an existing, non-student Part 61 pilot certificate may meet the
exam requirement through an online training course.
Remote PICs will also be required to obtain prior permission from ATC when operating small
UAS in Class B, C, D and E airspace, likely through an online portal. However, specific
information about this process remains largely unknown at this time, with the FAA stating the
issue will be addressed in the coming weeks.
"With the mixing of UAS and manned aircraft in the vicinity of airports, NBAA is very concerned
that clear guidance for notification of UAS activity near airports is provided by FAA as soon as
possible," Lamond added.
Carrying over from the NPRM are requirements that small UAS be registered with the FAA, and
operate only in daytime VFR conditions within visual line-of-sight of the Remote PIC or visual
observers. Unmanned aircraft may not be operated over people on the ground, and all UAS
must yield right-of-way to all other aircraft.
The FAA intends Part 107 to eliminate many burdensome hurdles under the current Section
333 exemption process, including certificate of authorization (COA) requirements and that
Notices to Airmen (NOTAMs) be issued for UAS operations. However, current exemption
holders may continue operating under Section 333 until that exemption expires.
Part 107 also allows exemptions to be granted for missions not otherwise authorized under the
rule, including flights over people, nighttime operations, and flights occurring outside published
altitude, cloud distance and minimum visibility, and speed restrictions.
"UAS represent incredible opportunities in many commercial applications, including within the
business aviation community," Lamond noted. "That said, NBAA has long maintained that
safety be the top priority for any plan to introduce UAS into the NAS, including assurances that
unmanned aircraft meet equivalent certification, airworthiness and traffic avoidance standards as
manned aircraft."
NBAA personnel have participated in UAS working groups for 10 years, including participation
through RTCA. The association has also published an expansive online resource covering UAS
industry developments of importance to the business aviation community.
The new Part 107 regulations are expected to go into effect by late August, 60 days after
publication on the Federal Register. Commercial operator testing and issuance of Remote Pilot
Airman certifications will not be available until the rule goes into effect.
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.
As part of a privacy education campaign, the
FAA will provide all drone users with recommended privacy guidelines as part of the UAS registration process and through the
agnecy'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.
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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