82 Reaction to the FAA’s NPRM for Commercial sUAS

Companies, the press, and other interested parties have looked at the Notice of Proposed Rulemaking (NPRM) for small UAS , and the response has been positive, but there is work to be done. For documents related to the sUAS NPRM, visit regulations.gov and search for Docket FAA-2015-0150. At press time, the Recently Published Rulemaking Documents page still shows the NPRM as pending publication in the Federal Register, but a PDF of the NPRM is available. News FAA’s liberal proposed rules win allies in drone business Jon Resnick , Policy and Marketing Representative in Washington for DJI says, “We are very pleased the FAA is taking a reasonable and practical approach to integrating commercial UAS into the National Air Space. We are very encouraged and stand ready to collaborate with the FAA to implement common-sense proposals as quickly as possible.” Mark Dombroff , from law firm McKenna Long & Aldridge says, “My concern is that there will be people entering the UAS business who are attracted by the potential economics. This really requires aggressive monitoring and enforcement by the FAA to insure that the rules are observed.” With new rules, the FAA and drone industry make up “Drone advocates let out a collective sigh of relief as new commercial drone regulations are more industry-friendly than expected.” Fortune says, the “FAA … is far more in tune with industry needs than many imagined.” They call it “a promising sign.” Matthew Bieschke, president of the UAS America Fund says, “I think the FAA has had a tremendously difficult job to do, and I think what they came out with over the weekend was surprising. It was less conservative than a lot of people in the industry thought it would be.” Lisa Ellman , counsel and co-chair of the UAS Practice Group at the D.C. office of McKenna Long & Aldridge says, “People feared that the new process would look like the Section 333 exemption process up to and including the private pilot’s license requirement … so this is a huge, wonderful thing, this new UAS operator’s certificate. It will be relatively easy to get and will make drones broadly accessible.” Brendan Schulman , head of the unmanned aircraft systems practice at New York City-based law firm Kramer Levin Naftalis & Frankel , says there are aspects of the Notice that the FAA got wrong: Limitations on academic research, night flying, and the height limitation. Regarding drone-based delivery, Schulman says in an email to Fortune, “The proposal considers drone delivery to be air carriage subject to heightened regulatory standards outside the UAS proposal. That’s a legal distinction that made sense in the manned aircraft era but I am not sure why they are holding on to it. It strikes me as a real blow to Amazon and other companies that have been working on drone delivery projects.” Amazon drone plans shot down by authorities In the proposed regulations, operators of commercial sUAS must fly under “unaided” line of sight and not over people. This makes package delivery impossible. Amazon vice-president of global public policy Paul Misener told CNBC by email, “The FAA needs to begin and expeditiously complete the formal process to address the needs of our business, and ultimately our customers. We are committed to realizing our vision for Prime Air and are prepared to deploy where we have the regulatory support we need.” Small UAV Coalition Applauds the FAA’S Release of the Proposed sUAS Rule as a Good First Step for Industry In its press release, the Small UAV Coalition says, “We applaud the FAA for creating a flexible framework that appears to be risk-based, as we have advocated, and focused on the technological capabilities of UAVs, rather than simply adapting a set of rules from those currently governing manned aircraft.” And, “In particular, we support the FAA’s proposal not to require an airworthiness certificate for small UAVs, and to eliminate any requirement for a pilot to obtain manned aircraft flying experience or a medical exam.” But the Coalition does have some issues with the proposal concerning line of sight, testing on private property, night flying, the altitude limit, and first person view. President Obama Calls for Transparency in UAS Privacy Memo President Barack Obama released a Presidential Memorandum to the heads of Executive Departments and Agencies: Promoting Economic Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties in Domestic Use of Unmanned Aircraft Systems . Video of the Week NBC Exclusive Drone Footage Captures Frozen Niagara Falls Capturing the beauty of the frozen falls.