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U.S. Regulation

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As the second anniversary for FAA’s rules for the commercial operation of small UAS (sUAS)—Part 107—quickly approaches, this Insight Series will provide updates regarding on-going UAS rulemaking efforts since Part 107. Although Congress has required more FAA action and the industry has been clamoring for guidance to open the skies to UAS with new rules, the FAA has been limited in its rulemakings and many rulemakings have been significantly delayed.  However, the recently released Report on DOT Significant Rulemakings (March 2018) and the Agency Rule List (Fall 2017) suggest the FAA is making progress and new rules will be proposed in 2018.  Continue to follow our Insights for analyses of newly proposed and final UAS rules.

The Unmanned Aircraft Systems (“UAS”) Identification and Tracking Aviation Rulemaking Committee (“ARC”) released its recommendations to the Federal Aviation Administration (“FAA”).  Despite a lack of consensus on issues, the recommendations should help the FAA develop new rules for drone identification and tracking. Although the FAA was scheduled to publish an Advanced Notice of Proposed Rulemaking on identification (“ID”) and tracking requirements in May 2018, the proposed rules remain under review by the Department of Transportation and have missed a February 2018 deadline for the Office of Management and Budget to start its review.  It is unclear when the rulemaking will progress.

Launched in June 2017 to address concerns over “rogue” drones flying in the National Airspace System (“NAS”), the FAA tasked the ARC with providing recommendations regarding UAS remote identification and tracking technologies. Comprised of three Working Groups; Existing and Emerging Technologies, Law Enforcement and Security, and Implementation, its membership represented a broad range of aviation and UAS industry stakeholders.  The ARC met several times to educate the public, gather information, and to discuss and deliberate among members and finalized its report in September 2017. 

The D.C. Circuit Court of Appeals recently determined that the FAA’s registration rule for recreational unmanned aircraft systems (“UAS” or “drones”) was beyond its legal authority.  While this ruling is a setback for the FAA in its ability to track and oversee the hundreds of thousands of recreational drones operating in the U.S., we view the obstruction as temporary and likely to be fixed legislatively. In December 2015, the FAA began requiring the registration of all…