On February 15, 2015, the U.S. Federal Aviation Administration (FAA) proposed rules for the commercial operation of small unmanned aircraft systems (sUAS) weighing less than 55 pounds—a long-awaited step towards integrating commercial UAS flights such as precision agriculture, surveying, real estate photography, and utility and infrastructure inspections (e.g., electrical wires, pipelines, and bridges) into U.S. airspace. But the proposed rules leave prohibited other desired commercial uses (e.g., package delivery, spray operations and nighttime flights) and unanswered key safety, privacy, security, liability, and spectrum questions. Comments to the FAA’s rules are due mid-April and all affected parties, including businesses and industries hoping to use any-sized UAS, should take advantage of this opportunity to offer their views, concerns, and suggestions to shape the incipient regulatory framework for UAS.
Responding to a 2012 Congressional mandate to establish requirements for the safe commercial operation of sUAS, the FAA released a Notice of Proposed Rulemaking (“NPRM”) that would lay the groundwork for the introduction of commercial sUAS into U.S. airspace. The public has 60-days to comment, but an extension is likely considering the novelty and scope of the proposed rules. After the public comment period has closed, the FAA likely will take several months to issue a final rule. Until the final rule is published, the FAA will continue to process Part 333 exemption requests to permit commercial flights. As the first regulation in this area, the NPRM provides an important opportunity for commercial applicants—including those with pending exemption requests—to shape this important rule for years to come. Two key NPRM areas that are likely to be of concern are the FAA’s proposal to address the ability to “see-and-avoid” other aircraft and loss of positive control of the sUAS.
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