WASHINGTON, June 22, 2016 - The Federal Aviation
Administration on Tuesday rolled out its final
regulations for commercial flight of unmanned aircraft systems (UAS), also
known as drones.
The regulations (officially dubbed Part 107) restrict drone
operations to within the line of sight of a certified operator. The aircraft
also must weigh less than 55 pounds, stay below a maximum altitude of 400 feet
and travel at speeds under 100 miles per hour. Night flying is prohibited
unless the device has proper anti-collision lighting.
Those wishing to operate a drone for commercial purposes
will have to “demonstrate aeronautical knowledge” either by passing a knowledge
test “at an FAA-approved knowledge testing center” or by holding a non-student
Part 61 pilot certificate (with a completed flight review in the previous 24
months) and completing an online training course through the FAA.
However, there is a bullet point on the FAA’s summary page
of dos and don’ts that says “most of the restrictions” don’t apply “if the
applicant demonstrates that his or her operation can safely be conducted under
the terms of a certificate of waiver.”
Speaking on a call with reporters, FAA Administrator Michael
Huerta said there is potential for waiver authority to extend to many of the
regulations – including line of sight operation – but the requirements like
speed and size are unlikely to see wiggle room. He fielded many questions about
what could and couldn’t be subject to a waiver, and said the FAA would try to clarify
those areas for users.
“Our focus is to make this as streamlined as possible,” Huerta
said, mentioning a potential online portal as an example. “We do not envision
this being a very burdensome process. The objective is to provide clear answers
to people and let them know what’s within possibility as they consider how to
seek a waiver application.”
R.J. Karney, director of congressional relations with the
American Farm Bureau Federation, said AFBF sees the new rule as a “great
initial step,” but suggested it should be tweaked “so farmers can utilize the
technology to its fullest and maximize its potential.” He said AFBF would like
to see the altitude limit back at 500 feet, as originally proposed, and the
line-of-sight restriction adjusted. “Overall,” he said, “it’s nice that farmers
and ranchers will have a new tool in the toolbox.”
The rule was also received well by two key lawmakers. Bill
Shuster, R-Pa., chair of the House Transportation and Infrastructure Committee,
and Frank LoBiondo, a New Jersey Republican who chairs the House Aviation
Subcommittee, said in a joint statement that they were “pleased” with FAA’s
approach to the rule. They added that the rule “focuses on safely integrating
unmanned drones into the national airspace while providing flexibility to
permit more advanced types of operations as technology improves.”
National Corn Growers Association President Chip Bowling
described the regulations as “common-sense” and said they will “create a
culture of safety and responsibility, while ensuring farmers have the access,
tools, and training to take full advantage of UAS technology.”
Some other requirements in the rule:
•
Drones cannot operate over people unless they are in a
covered structure or parked car.
•
Operators can only control one drone at a time.
•
Operations from a moving vehicle are not permitted
unless over a “sparsely populated area.”
•
The drone may carry cargo so long as it is properly
secured, does not adversely affect flight, and does not cause the total weight
to top 55 pounds. However, commercial delivery for companies such as Amazon was
not addressed in this rule, and no timetable was given for when that may
happen.
•
The rule does not address the privacy issues that could
be brought about by drone use, but encourages the operator to refer to state
and local laws.
The rule takes effect in 60 days.
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