On June 21, 2016, after a long wait and much anticipation, the Federal Aviation Administration announced that it had finalized the regulations that will govern the commercial use of small unmanned aircraft systems (UAS) in the United States. The new regulations will be effective in late August and will be codified at 14 CFR § 107 et seq., or Part 107.

The FAA has long recognized the potential benefits of commercial UAS operations. Since 2008, it has been working to incorporate UAS operations into the national air space, but the process has been slow. In 2012, Congress passed the FAA Modernization and Reform Act, which created the process for commercial UAS operators to seek operation exemptions from the FAA under Section 333 pending promulgation of these final rules. Those who suffered through the Section 333 exemption application process know that it was cumbersome, lacked flexibility and often took many months. In a rapidly evolving industry spurred by quickly changing technology, this regulatory lag time presented an unnecessary roadblock to innovation.

Originally published in Law360, New York - July 12, 2016.