Federal Aviation Administration (FAA)

News & Analysis as of

Senate Version of Federal Aviation Administration Reauthorization Preempts Local Drone Regulations

On March 17, 2016, the Commerce, Science and Transportation Committee of the United States Senate approved amendments to the most recent funding legislation for the Federal Aviation Administration (“FAA”), the FAA...more

Number of Airline Accidents Dropped in 2015

It is common for those who need to travel by airplane to be concerned about their safety while up in the air. With worries ranging from mechanical failures to terrorism, fliers have a right to be concerned. However, there is...more

Federal Preemption Narrowed For Aviation Suppliers In Sikkelee v. Precision Airmotive Corp.

On April 19, 2016, the Third Circuit Court of Appeals issued its opinion on the issue of federal preemption in Sikkelee v. Precision Airmotive Corp. The sixty-one page opinion effectively narrowed the scope of federal...more

Want an FAA Section 333 Exemption for your Close-up sUAS Operations? Come Prepared.

The Federal Aviation Administration (FAA) generally prohibits small unmanned aircraft system (sUAS) flight operations within 500 feet from all persons, vessels, vehicles, and structures. However, closer-in operations of sUAS...more

Washington, D.C. Update – April 2016

FY17 Appropriations - The House and Senate Appropriations Committees continue to move forward on individual FY17 spending measures based on discretionary spending levels enshrined in last fall's bipartisan budget deal....more

Privatization of the United States Air Traffic Control System Hits Roadblock in the U.S. Senate

Less than a month ago, it seemed clear that privatization was the wave of the future for the United States Air Traffic Control System (“ATC System”). On February 19, 2016, the United States House of Representatives...more

El cielo es el límite

El cambiante paisaje urbano de Miami se prepara para su mayor mejora hasta el momento. Con la última decisión de la Administración Federal de Aviación de EE. UU. de permitir que los edificios alcancen una altura de 320 metros...more

U.S. Senate Passes Bipartisan FAA Bill Marking First Step to UAS Regulations

On April 19, the United States Senate passed bipartisan legislation that would reauthorize federal funding for the Federal Aviation Administration for the next two fiscal years. The Senate-passed bill, which will not take...more

Flying into Darkness – Commercial Drone Night Flights Approved by the FAA

Last week, the FAA issued an historic authority to Industrial Skyworks for nighttime commercial UAS operations. The Section 333 exemption, obtained with the help of Kenneth Quinn, Jennifer Trock, and Graham Keithley of...more

Innovator Drug/510k Medical Device Impossibility Preemption and the Meaning of “A Fortiori”

According to Black’s Law Dictionary, “a fortiori” is legal Latin meaning: - By even greater force of logic; even more so it follows. We’ve been arguing for some time – since PLIVA v. Mensing, 131 S. Ct. 2567...more

Proposed U.S. Legislation Would Impose Additional Consumer Protection Obligations on Foreign Airlines

On April 20, 2016, the U.S. Senate passed the Federal Aviation Administration (FAA) Reauthorization Act of 2016 that would authorize funding for programs under the FAA through September 2017. Most of the extensive legislation...more

New Regulations on the Horizon for Commercial Drones

Currently, the use of drones or unmanned aircraft systems (UAS) for commercial purposes in general is not permitted in the United States, although there is one exception. The Federal Aviation Administration (FAA) allows...more

Expanding Horizons: Drone Regulations from a Prosecutorial Perspective

BB&K attorney Jordan Ferguson writes about the criminal side of drones for the California District Attorneys Association’s Prosecutor’s Brief. Over the next few years, the skies are likely to get much more crowded....more

FAA committee report recommends operation of small drones over crowds

The Federal Aviation Administration’s (FAA) Micro Unmanned Aircraft Systems (UAS) Aviation Rulemaking Committee (ARC) released its “ARC Recommendations Final Report” this month after meeting in March to discuss...more

The Rise, and Risk, of Construction Drones

Drone usage on construction projects is ready to take off. With recent enhancements in performance and capability, it will soon be hard to imagine a large construction project without drones playing some role. Consider this...more

FAA Clarifies Federal, State, and Local Regulation of UAS

The FAA has released a fact sheet regarding state and local regulation of unmanned aircraft systems (“UAS”). The FAA advises that state and local restrictions should be consistent with the extensive federal statutory and...more

The Sky is the Limit

Miami’s ever-changing skyline is set for its biggest upgrade yet. With the Federal Aviation Administration’s recent decision to allow buildings in Miami to reach a height of 1,049 feet above sea level, One Brickell City...more

PHMSA Signals Intent to Adopt ICAO Ban on Bulk Shipments of Lithium Ion Batteries as Cargo on U.S. Passenger Aircraft

Summary: The Pipeline and Hazardous Materials Safety Administration issued a safety advisory notice indicating that the agency may soon adopt a ban on bulk shipments of lithium ion batteries shipped alone as cargo on...more

FAA Expands Online Registration System for UAS Owners

Commercial, public and other non-model aircraft owners of small unmanned aircraft systems (UAS) owners may now use the FAA’s new web-based registration process to register their aircrafts....more

In Case You Missed It: Launch Links - April 2016

Some interesting links we found across the web this week: - Startup Funding Deals Fall to Lowest Level in Four Years - The Q1 numbers came in this week and they’re not pretty, showing the fewest total venture...more

Short-Term Reauthorization of FAA Programs Potentially Paves the Way For Omitted Energy Credit Extenders

As discussed in our post on March 16, the Congressional extension of the Production Tax Credit (PTC) under Internal Revenue Code (IRC) Section 45 and the Investment Tax Credit (ITC) under IRC Section 48 in December 2015...more

Get your student pilot certificate and commercial drone operator certificate sooner rather than later

As of April 1 individuals seeking their student pilot certificate must wait until the Transportation Security Administration (TSA) background checks are completed before receiving the certification, whereas prior to the...more

FAA Drone Panel's Report a Major Step Toward Newsgathering Over People

Yesterday, April 6, a panel of industry experts assembled by the Federal Aviation Administration (FAA) submitted its report recommending a new regulatory framework for the flight of unmanned aircraft systems (UAS), or drones,...more

FAA Advisory Group Recommends Framework for Drone Flights Over People

Today, April 6, a panel of industry experts assembled by the Federal Aviation Administration (FAA) submitted its report recommending a new regulatory framework for the flight of unmanned aircraft systems (UAS), or drones,...more

Health Care Congressional Outlook for the Spring Word Period

The next work period basically runs from April 4 to May 27, with both chambers adjourning for a week long recess the week of May 2. Following this work period, there will be five weeks left on the legislative calendar before...more

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