The FAA NPRM On February 15, 2015, the FAA published its Notice of Proposed Rulemaking (NPRM) proposing regulations for the commercial use of UAS weighing less than 55 pounds. The 60-day window for public comment closed on April 24, 2015. At this point in time numerous committees at the FAA are reviewing the 4,567 comments received, after which the FAA should publish the final rule. This final rule becomes law 30 days after publication in the Federal Register (FAA, 2015g). Major provisions of the proposed 14 CFR Part 107 for small UAS fall into four main categories: (1) Operational Limitations; (2) Operator Certification and Responsibilities; (3) Aircraft Requirements; and (4) Model Aircraft (FAA, 2015g).
Operational Limitations Unmanned aircraft must weigh less than 55 pounds. Visual line-of-sight (VLOS) is permitted only, meaning that the unmanned aircraft must remain within VLOS of the operator or visual observer. At all times, the small UAS must remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. Small UAS may not operate over any persons not directly involved in the operation. Daylight-only operations, meaning from official sunrise to official sunset, local time, are permitted. UAS must yield right-of-way to other aircraft, manned or unmanned. UAS may use a visual observer (VO) but it is not required. First-person view camera cannot satisfy the “see-and-avoid” requirement but can be used as long as the requirement is satisfied in other ways. The maximum airspeed allowed is 100mph (87 knots). The maximum altitude allowed is 500 feet above ground level (AGL). The minimum weather visibility is three miles from the control station. No operations are allowed in Class A airspace, which is from 18,000 feet to 60,000 feet. Operations in Class B, C, D, and E airspace are allowed with the required air traffic control (ATC) permission. Operations in Class G airspace are allowed without ATC permission. No person may act as an operator or VO for more than one unmanned aircraft operation at one time. Careless or reckless operations are prohibited. The operator must perform a preflight inspection. A person may not operate a small UAS if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS. Finally, the rule proposes a micro UAS option that would allow operations in Class G airspace, over people not involved in the operation, provided the operator certifies he or she has the requisite aeronautical knowledge to perform the operation (FAA, 2015g).
Operator Certification and Responsibilities Pilots of a small UAS would be considered “operators.” Operators would be required to: (1) pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center; (2) be vetted by the Transportation Safety Administration (TSA); (3) obtain a UAS operator certificate with a small UAS rating (which, like current pilot airman certificates, will not expire); (4) pass a recurrent aeronautical knowledge test every 24 calendar months; (5) be at least 17 years old; (6) make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the proposed rule; (7) report an accident to the FAA within 10 days of any operation that results in injury or property damage; and (8) conduct a preflight inspection, to include specific aircraft and control station system checks, to ensure the small UAS is safe for operation (FAA, 2015g).
Aircraft Requirements FAA airworthiness certification is not required. However, the operator must maintain a small UAS in a condition for safe operation and prior to flight must inspect the UAS to ensure that it is in a condition for safe operation. Aircraft registration is required and it is essentially the same requirements that apply to all other aircraft. Aircraft markings are required and they are essentially the same requirements that apply to all other aircraft. If the aircraft is too small to display markings in standard size, then the aircraft simply needs to display markings in the largest practicable manner (FAA, 2015g).
Model Aircraft The proposed rule would not apply to model aircraft that satisfy all of the criteria specified in Section 336 of Public Law 112-95. The proposed rule would codify the FAA’s enforcement authority in part 101 by prohibiting model aircraft operators from endangering the safety of the NAS (FAA, 2015g).