2.3 - Blog: Unmanned Aerial Systems

Category: “Regulations and Commercial sUAS”

Prior to June of this year, businesses wishing to use their small Unmanned Aerial Vehicles (sUAS) for commercial purposes, were governed the same way hobby flyers were administered, under section 336 of Public Law 112-9 (Federal Aviation Administration, 2016). This section prohibited commercial use of the unmanned aircraft (UA), and required the businesses to submit and receive a waiver prior to any commercial activity. For example, a videographer in the real estate business wishing to take aerial pictures of their property listings using an off the shelf quad rotor UAV, were violating the law unless a waiver was granted by the Federal Aviation Administration (FAA). These waivers were issued under Section 333 of Public Law (Federal Aviation Administration, 2015). It could be a cumbersome process and the FAA heard from users that a more streamlined process was required.

Federal Regulation Part 107

After much public comment, the FAA issued Federal Regulation Part 107. This regulation governs the integration and operation of small unmanned aerial systems (sUAS) in the National Airspace System (NAS) and was published this year (Federal Aviation Administration, 2016). Small Unmanned Aerial Vehicles (sUAV), as defined in this regulation, are UAVs up to 55lbs maximum takeoff weight. These can now be used for commercial operations according to the new rule published in June (U.S. Government Publishing Office, 2016). The new law describes operating limitations and remote pilot in command (rPIC) responsibilities.

Part 107 limitations

There are limits to the new regulation, for example, maneuvering beyond line of sight (BLOS), night operations or UAVs that exceed the 55lb weight limit are not permitted. A Part 107 waiver is still necessary under these circumstances (Federal Aviation Administration, 2016). Individuals and businesses can apply for these waivers and the FAA has already approved over 100 operators (Federal Aviation Administration, 2016) who wish to exceed the limitations in regulation. An important restriction of Part 107 is the specific prohibition of the BLOS package delivery business model. The language says “No waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire” (Federal Aviation Administration, 2016). Looking ahead, regulations governing sUAS commercial activity will need to evolve just as the technology and UAV capability increases.

 

Fahlstrom, P. G., & Gleason, T. J. (2012). Introduction to UAV Systems. Hoboken, United Kingdom: Wiley.

Federal Aviation Administration. (2015, January 29). UAS Section 333 FAQs (latest version 01/29/2015). Retrieved from https://oeaaa.faa.gov/oeaaa/external/uas/content/UASSection333FAQs.jsp

Federal Aviation Administration. (2016, June 21). Summary of small unmanned aircraft rule. Retrieved from http://www.faa.gov/uas/media/Part_107_Summary.pdf

Federal Aviation Administration. (2016, August 29). Waivers to certain small UAS operating rules. Retrieved from https://www.faa.gov/uas/beyond_the_basics/#waiver