FAA Issues Final Rule for Commercial Drone Use

(June 22, 2016) The Federal Aviation Administration (FAA) has issued a final rule governing the commercial use of small drones.

The rule, which goes into effect in late August, covers only the operation of drones, referred to by the FAA as Unmanned Aircraft Systems (UAS), that weigh less than 55 pounds. The rule is silent as to the privacy implications of images or information gathered by the drones.

The FAA says the rule “will provide the opportunity to substitute small UAS operations for some risky manned flights, such as inspection of houses, towers, bridges, or parks, thereby averting potential fatalities and injuries.” The agency estimates commercial use of small drones could generate more than $82 billion for the U.S. economy and more than 100,000 jobs over the next 10 years.

In addition to the weight restriction, the rule provides that the drones:

• Must remain with the visual line of sight of the operator.
• May not operate over any persons not directly participating in the operation.
• May operate only during daylight and 30 minutes before sunrise or after sunset.
• May not exceed 100 miles per hour.
• May not exceed 400 feet in altitude.
• Must be operated by a person holding a remote pilot airman certificate with a small UAS rating.
• May not be operated within five miles of an airport.

If the drone is used for transporting property for compensation, then the total weight of the drone and payload combined must be less than 55 pounds, and the flight may not cross state lines.

The FAA acknowledged that the rule is an “incremental approach” to drone regulation but suggested that “new technologies and unique operational circumstances” may be addressed via a waiver request.

The FAA requires individual drone owners to register each aircraft. Balough Law Offices discussed the legal status of drone operations in the Summer 2015 issue of SciTech Lawyer magazine.