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In mid-January, U.S. Secretary of Transportation Elaine Chao and the U.S. Federal Aviation  Administration (“FAA”) released a long-awaited proposed rule permitting unmanned aircraft system (“UAS” or “drone”) operations at night and over people. Once the rule is finalized, it will allow commercial operators to fly UAS operations previously restricted under the current Part 107 rules (14 C.F.R. §107) without an individualized waiver from the FAA (14 C.F.R. §107.200).

These rules show that the FAA is advancing from a one-size-fits-all regulatory structure to a more nuanced regime based on risk and safety analyses. For the most part, the rule is not based solely on weight. Instead, it incorporates performance-based requirements to achieve the agency’s safety objectives. Basing UAS restrictions on performance and risk is more consistent with European rules and other countries with advanced UAS regulations.

While the proposed rule represents a step in the right direction, the rule is not likely to be finalized for many months or longer, because the FAA indicated the rule would not be finalized until after the FAA addresses the contentious issue of remote identification of UAS. In the proposed rule—which is expected to be published in the Federal Register next week—the FAA states that it “plans to finalize its policy concerning remote identification of small UAS—by way of rulemaking, standards development, or other activities that other federal agencies may propose—prior to finalizing the proposed changes in this rule.”

On April 19, the US Government issued a fact sheet outlining a new policy (the “New UAS Policy”) on exports of US-origin unmanned aerial systems (“UAS”) and a new National Security Presidential Memorandum (“NSPM”) updating the United States Conventional Arms Transfer Policy (the “New CAT Policy”). These changes do not directly impact the export licensing requirements on UAS under the International Traffic in Arms Regulations (“ITAR”) or the Export Administration Regulations (“EAR”). However, according to…

The FAA is rolling out the Low Altitude Authorization and Notification Capacity (“LAANC”), a tool which is allowing operators of small unmanned aircraft systems (“sUAS” or drone) operators  to get immediate approval for certain operations in controlled airspace.  The introduction of LAANC will benefit commercial operators by decreasing the planning time required for many drone operations and increase flexibility in decisions.  LAANC is currently supported at about 50 airports from Miami to Anchorage and is scheduled to expand next year.