On June 21, the FAA announced the first operational rules for routine commercial use of small unmanned aircraft systems (sUAS). The rule, which has since been published in the Federal Register, establishes 14 CFR part 107 to govern the broad category of aircraft commonly referred to as “drones.” Through its first effort at such oversight, the agency effectively established a limited framework within which to regulate operations.
In 2015, ARSA submitted comments to the agency’s notice of proposed rulemaking (NPRM), adding its voice to thousands of others – 4,665 total – with an interest in UAS regulation. Efforts to integrate the aircraft into the national air space draw considerable attention from Congress and general public, with potential applications in everything from retail shopping to real estate.
ARSA’s comments implored the agency to restrain its certification and oversight responsibility. “In regulating [small UAS] and, eventually, all UAS operations, the FAA cannot afford to divert attention from its existing oversight responsibilities,” the association’s submission said. “Additionally, the agency must limit burden on small businesses and prevent obstruction of the fast-moving market for emerging unmanned technologies.”
In response, the final rule creates a basic structure for UAS operations but allows for considerable flexibility and limits burdens on both the FAA and the public. Individual users may obtain waivers from operational restrictions by approval of the administrator. The agency limited any “undue burden” on both itself and industry by exempting sUAS from airworthiness certification.
This is a significant first step in controlling the use of sUAS by serious aviators and the general public. The aviation industry has long been a small community of knowledgeable certificate holders and aviation safety inspectors carrying the responsibility for air safety. The comparatively simple requirements for sUAS represent acknowledgement of the new challenge posed by having the general population – as it will be in most sUAS users – as both operator and maintenance provider.
To review the final rule, click here.
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