The Federal Aviation Administration's new regulations for routine non-recreational use of small unmanned aircraft systems (“UAS”) – more commonly known as “drones” – are now in effect.
The FAA has said that it designed the new rules, formally known as Part 107, to minimize risks to other aircraft and people and property on the ground. A summary is available here.
Applications for waivers from the Part 107 regulations are available at www.faa.gov/UAS; applicants must prove their proposed flights will be conducted safely under a waiver.
Drones can be flown in Class G (uncontrolled) airspace without air traffic control authorization, but operations in any other airspace need air traffic approval. Access to controlled airspace must be requested via the electronic portal at www.faa.gov/UAS, not from individual air traffic facilities.
Air traffic facilities will receive approved authorizations according to the following tentative schedule:
Class D & E Surface Area – October 3, 2016
Class C – October 31, 2016
Class B – December 5, 2016
The FAA has said that it will try to approve requests as soon as possible, but that the actual time will vary depending on the complexity of an individual request and the volume of applications it receives. It advises that users should submit a request at least 90 days before intending to fly in controlled airspace.
Testing centers nationwide now can administer the aeronautical knowledge test required under Part 107. After passing the test, an applicant must complete an FAA air certificate and/or rating application to receive a remote pilot certificate at https://iacra.faa.gov/IACRA/Default.aspx.
According to the FAA, it may take up to 48 hours for the website to record that an applicant has passed the test. The FAA said that it expects to validate applications within 10 days.
The new regulations do not apply to model aircraft operations that meet all the criteria specified in Section 336 of Public Law 112-95 (which is now codified in Part 101), including the stipulation they be operated only for hobby or recreational purposes.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].