OMB Approves Two More UAV Rules

The OMB’ Office of Information and Regulatory Affairs (OIRA) announced (here and here) that it had approved and interim final rule (IFR) on “External Marking Requirement for Small Unmanned Aircraft” and a notice of proposed rulemaking (NPRM) on “Operations of Small Unmanned Aircraft Over People”. There has not been an earlier publication on either rulemaking so it is not clear exactly what will be included in either one.

External Marking IFR

According to the Unified Agenda for this rulemaking:

“This rulemaking would revise the requirements regarding the placement of the unique identifier assigned to a small unmanned aircraft to an external surface of the aircraft. This action is necessary to enhance the safety and security of a person seeking registration information from an unmanned aircraft. This revision will enable the person to view the unique identifier directly without handling the aircraft.”

The current rule (14 CFR 48.205) allows for unique identifier for small unmanned aircraft systems (sUAS) to be placed on the interior of the aircraft if it is “readily accessible if it

can be accessed without the use of any tool” {§48.205(c)}.

Flying Over People NPRM

According to the Unified Agenda for this rulemaking:

“This rulemaking would address the performance-based standards and means-of-compliance for operation of small unmanned aircraft systems (sUAS) over people not directly participating in the operation or not under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft. This rule would provide relief from certain operational restrictions implemented in the Operation and Certification of Small Unmanned Aircraft Systems final rule (RIN 2120-AJ60).”

The current rule (14 CFR 107.39) prohibits the flying of sUAS over a human being except under very limited exceptions.

Moving Forward

The Trump Administration has been very slow to publish approved rules, so I do not expect to see either of these rulemakings to make it into the Federal Register until after the first of the year.