5 minute read
Last Word
Flying High
The FAA has made drone operations easier by issuing regulations that enhance security and eliminate the need for some waivers. BY M. ANNE SWANSON
The Federal Aviation Administration (FAA) has cleared the way for a “digital license plate” for drones that will greatly enhance security and eliminate the need for certain waivers. Two long-anticipated FAA decisions, issued in December, represent the first major changes since 2016 to regulations for unmanned aircraft systems (UAS) or drones.
The FAA also modified its rules for small UAS (sUAS), those weighing less than 55 pounds, to permit flights over people and moving vehicles without waivers, provided certain conditions are met. All changes are effective March 16.
Under the new “license plate” rules, or remote identification, drones must transmit certain identification, location and performance information that can be received by people on the ground and other airspace users.
Either the UAS must broadcast the identification message itself, or a retrofitted broadcast module can be attached to it. Both will utilize unlicensed spectrum. The new rules apply to drones that must be registered with the FAA, which includes all drones weighing 0.55 pounds or more.
UAS with retrofitted remote ID modules will not be allowed to fly beyond visual line of sight since the modules do not report the location of the ground control station. Because the modules transmit only the initial takeoff location, security officials would have difficulty locating an operator during flight.
Drones that do not comply with either of the two identification options will only be allowed to fly in “FAA-recognized identification areas,” established by community-based organizations or educational institutions.
To the surprise of many parties, the FAA rejected a proposed two-tiered regime that would have mandated transmission of the remote ID message over an internet connection to a third-party UAS service supplier (termed “network remote ID”), while also permitting the additional option of broadcasting the information over radiofrequency spectrum (termed “broadcast remote ID”). The agency noted political opposition and unforeseen technical challenges.
Network remote ID is a key prerequisite for development of a UAS traffic management system, but the FAA indicated that is years away. In the interim, broadcast remote ID will be sufficient to enable police and other authorities to differentiate compliant operators from those posing security risks.
The FAA’s second decision adopted a rule specifying four categories of eligible sUAS that may fly over people with different operational parameters for each category. The first three vary depending on the weight of the sUAS or the severity of injury that would result from a collision. The fourth category applies to sUAS that operate under an FAA airworthiness certificate setting forth user-focused specifications. For all categories, the FAA declined to specify a mandatory minimum standoff distance for drone operations over people.
The first category includes sUAS weighing less than 0.55 pounds, which media parties had commented is much too low for their use. Categories 2 and 3 are defined by the severity of injury that would be caused by a collision, a transfer of 11 or 25 foot-pounds of kinetic energy, respectively, upon impact from a rigid object.
Neither category 2 nor 3 may have exposed rotary parts or safety defects.
Both categories must be produced according to FAA-accepted means and declarations of compliance. In terms of operations, category 2 drones may be used for routine flights over people but only if the operation complies with the new remote ID rules. Category 3 may never be flown over assemblies of people. And they may only operate over people in three specific cases, which are outlined at FAA.gov/UAS/. Contrary to what the FAA had proposed, the final rule permits operation over moving vehicles but with limitations, something the media industry had advocated.
The FAA’s decision also permits sUAS operations at night, provided the aircraft is equipped with anti-collision lights visible for three statute miles that have a flash rate sufficient to avoid a collision. Before conducting night flights, remote pilots must complete an updated test or updated online training on night flight subjects.
Manufacturers must cease producing drones that are not remote ID compliant within 18 months of March 16, the date the rules became effective. Operators may no longer fly non-compliant drones within 30 months.
Media companies’ ability to take full advantage of the new changes will be delayed by nine to 12 months due to various pre-conditions, such as the need for category 2 and 3 drones to receive declarations and means of compliance for remote ID.
M. Anne Swanson is a partner at Wilkinson Barker Knauer. She can be reached at aswanson@wbklaw.com or (202) 383-3342.
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