Commercial operators of small unmanned aerial systems
(sUAS) weighing less than 55 pounds will have to pass an
FAA knowledge test every two years and their aircraft will
have to be registered under regulations proposed in a
Notice of Proposed Rulemaking released by the FAA and
the DOT Sunday (PDF).
In a telephone news briefing,
FAA Administrator Michael Huerta told reporters the long-
awaited proposed rule attempts to strike a balance
between public safety and the public benefit that drone use
is expected to offer. "It has to be flexible and adaptable and
it has to work for users and proponents as well as for those
who are interested in the highest levels of safety," Huerta
said. Under the new rules, small drones could be flown
anywhere in Class G airspace in day VFR (three-mile
visibility) but must remain within line of sight of the
operator, not fly above 500 feet AGL and not fly faster
than 100 mph.
The drones would not be allowed to fly over any people
not directly involved with the operation of the drone. Flight
would be prohibited in Class A airspace (above 18,000 feet)
and only permitted with prior ATC approval in B, C, D and E.
There is also a proposal for a "micro" class that could be
operated over other people and the operators would not
have to be FAA certified. Huerta said the operator certification process needs to
satisfy the agency that those flying drones have "a base
level of understanding" of the rules of the air but it also
needs
to be easily accessible. The initial testing and biennial
recurrency exams will be done at "FAA-approved
knowledge testing centers" and although he didn't say
exactly what those might look like it would seem logical
that already-established flight schools could fill that bill.
Operators will also have to be "vetted by the Transportation
Security Administration" and the certificate won't be issued
"until the TSA determines that the applicant will not pose a
security threat." Drone operators will not have to undergo
an FAA medical but must self-certify before every flight.
There will be no airworthiness requirements for the aircraft
but they will be registered with N-numbers just like other
aircraft. The registration has to be displayed on the aircraft
either in accordance with FAA standards or in lettering as
large as is practical for the size of the vehicle. Before every
flight, the operator will have to do a pre-flight inspection to
ensure airworthiness. Accidents will have to be reported. Huerta would not be pinned down on when a final rule might
be issued. There is a 60-day comment period and the rule is
195 pages long. What's more, it also invites comments on
operations like beyond visual line of sight and for larger
aircraft that are beyond the scope of this rule. He said the
FAA expects a lot of comments on the rule and that each
one has to be considered and addressed before the rule
can become final. He said only that the agency was
committed to processing the comments as fast as possible
and would not speculate on how long it might take.
Reaction has been generally positive to the proposal. Brian
Wynne, the CEO of the Association for Unmanned Vehicle
Systems International (AUVSI), called the rule "a good first
step" but said it will take time to digest all its contents. "This
proposed rule is a critical milestone in the UAS integration
process, and one that is long overdue," he said. "UAS
technology has largely remained grounded while many
prospective users wait for the regulatory framework to
catch up." AOPA, meanwhile, said most of its concerns
have been addressed by the document but is also
concerned about how long it might take. "Clear guidance for
UAS operations is needed to protect pilots and passengers,"
AOPA President
Mark Baker said. "We're pleased that the FAA is moving the
rulemaking process forward, but this really can't happen fast
enough."
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