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FAA PUNTS ON THE PREEMPTION ISSUE IN PART 107

FAA PUNTS ON THE PREEMPTION ISSUE IN PART 107

Source: Drone Laws Blog  Photo Credit: FAA The FAA’s recent announcement of Part 107, the final rule for commercial small unmanned aircraft systems (SUAS or drones), has justifiably received a lot of publicity and general praise.  There has been little comment on what the rule does, or rather does not do, on the issue of federal preemption of state and local drone regulations. Federal preemption is what’s referred to in political circles as a “third rail” issue. Like the electrified third rail on a subway system, you don’t touch it unless you absolutely have to, and it can shock and hurt whatever or whoever touches it.  For that reason, it was not surprising that the FAA’s 2015 SUAS NPRM did not mention preemption.  Nonetheless, during the rulemaking proceeding the FAA received a number of comments on federal preemption. Most contended that without a preemption provision, state and local governments would continue to attempt to regulate small UAS operations, resulting in potentially conflicting rules and hampering the industry’s development. They argued that conflicting rules lead to confusion and litigation costs, burden commercial and hobbyist UAS users, and delay the adoption of UAS technology. Under the federal Administrative Procedure Act, the FAA had a duty to review the preemption comments and make at least some response showing that it had considered the arguments made by commenters.  Continue reading the preemption issue in Part 107…  ...
FAA PUNTS ON THE PREEMPTION ISSUE IN PART 107

AC 107-2 – Small Unmanned Aircraft Systems (sUAS)

Photo Credit: FAA         Source: FAA The Federal Aviation Administration (FAA) is amending its regulations to adopt specific rules for the operation of small Unmanned Aircraft Systems (sUAS) in the National Airspace System (NAS) through a final rule. These changes address the classification of sUAS, certification of sUAS remote pilots, and sUAS operational limitations. This advisory circular (AC) provides guidance for conducting sUAS operations in the NAS in accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 107. Summary as of May 2016, see above link for current details signed June AC 107-2 (PDF, 404 KB): Category Proposed Provisions Aircraft Requirements The sUAS must be registered with the FAA prior to flight. Aircraft markings are required. FAA airworthiness certification not required. However, the Remote Pilot in Command (Remote PIC) must maintain small unmanned aircraft systems (sUAS) in a condition for safe operation and prior to flight must inspect the UAS to ensure that it is in a condition for safe operation. 14 CFR part 107 does not apply to model aircraft that satisfy all of the criteria specified in Public Law 112–95 section 336. 14 CFR part 107 codifies the FAA’s enforcement authority in part 101 by prohibiting model aircraft operators from endangering the safety of the National Airspace System (NAS). Remote Pilot in Command (Remote PIC) Certification and Responsibilities Remote PICs are required to: • Be at least 16 years old • Be able to read, speak, write, and understand the English language (FAA may make exceptions for medical reasons) • Be in a physical and mental condition that would not...
FAA PUNTS ON THE PREEMPTION ISSUE IN PART 107

FAA Announces Final Small UAS Rule

Photo Credit: FAA These Special Rules for Model Aircraft helps to maintain our exemptions for model aircraft. For more on the FAA’s final small UAS rule, we encourage you to read this USA Today story, “FAA completes landmark rules for commercial drones,” which includes a mention of AMA’s analysis of UAS sightings released earlier this month....
WE ARE RAPIDLY APPROACHING A TIME WHERE DRONE DELIVERY IS A REALITY

WE ARE RAPIDLY APPROACHING A TIME WHERE DRONE DELIVERY IS A REALITY

THE FIRST URBAN DRONE DELIVERY JUST HAPPENED IN NEVADA - MARCH 10 Source: By Kelsey D. Atherton - Popular Science Hawthorne, Nevada isn’t known for much. The town of roughly 3,000 sits on the western edge of the state, near an Army ammunition depot, and not much else. Announced today, Hawthorne is now the site of what might be a historic precedent: the first urban delivery in the United States by a fully autonomous drone. The drone was flown by drone delivery company Flirtey, which got it’s start in 2013 in Australia, delivering textbooks to universities, before it moved to Nevada. Its six-engine multicopter flew along a predetermined path. When it reached the target house, it lowered a package containing bottled water, emergency food, and a first aid kit. The house was uninhabited, as the flight was a demonstration of what a rescue drone might be able to carry to people in need. Flirtey already conducted a rural delivery test, so it makes sense that urban was next, even if that “urban” is defined as a fairly small town. According to Flirtey CEO Matthew Sweeney, 86% of packages are 5.5 pounds or less, and that the drone is designed to carry payloads that size up to 10 miles away. “Hawthorne is a town with ideal characteristics for us, because you’ve got residential housing lots that have trees, power lines, that are perfect for research and testing precision delivery,” Sweeney told Popular Science, “the kinds of things you have in a regular suburban environment.” After Hawthorne, Sweeney said, the next step is to “do it over an urban populated area, the kind...