https://www.faa.gov/news/updates/?newsId=93045

FAA Publishes Three Rulemaking Documents on Drone Operations

  

February 13, 2019

Today the Federal Aviation Administration (FAA) published three rulemaking documents aimed at accelerating the integration of unmanned aircraft systems (UAS) into the national airspace while managing the increasing public safety and security risks posed by UAS.

Secretary of Transportation Elaine Chao originally announced and released two of the three documents at the Transportation Research Board Annual Meeting in Washington, D.C. on January 14. However, the government shutdown had delayed the FAA from publishing these documents in the Federal Register. The third document, previously unreleased, would address law enforcement concerns regarding current rules governing the display of FAA registration numbers on small unmanned aircraft.

Summary of FAA Proposed Rulemakings. The first draft notice of proposed rulemaking (NPRM) would allow the operation of small UAS over people and at night under certain conditions. The second draft, an advance notice of proposed rulemaking (ANPRM), solicits stakeholder input to determine how to reduce the safety and security risks posed by a growing number of small UAS operations. AAAE published a Regulatory Alert on January 14 which provides an overview and highlights from these rulemaking documents.

New FAA Interim Final Rule on UAS Markings. The filings today included a third rulemaking document, External Marking Requirement for Small Unmanned Aircraft, which was not previously released on January 14. This interim final rule requires owners of small unmanned aircraft to display their unique registration number (obtained when registering with the FAA) on an external surface. The FAA previously allowed owners to affix the registration number inside an enclosed compartment in the unmanned aircraft. However, first responders and law enforcement expressed concern about physically handling an unmanned aircraft to obtain the registration number inside a compartment because such a compartment could conceal an explosive device designated to detonate upon opening.

Rulemaking Documents and Comment Deadlines. If your airport or organization is interested in commenting on any of the three rulemaking documents, please be aware of the following deadlines:

• Operation of Small UAS over People: The FAA will accept comments from the public on the NPRM, which can be viewed here, until April 14, 2019.

• Safe and Secure Operations of Small UAS: The FAA will accept comments from the public on the ANPRM, which can be viewed here, until April 14, 2019.

• External Marking Requirement for Small Unmanned Aircraft: The FAA's new requirements regarding the marking of small unmanned aircraft, which can be viewed here, will go into effect on February 23, 2019. Because this is an interim final rule, however, the FAA will accept comments on the changes from the public until March 15, 2019. The agency could amend the interim final rule based on feedback received.