Tuesday, October 6, 2020

FAA Sends Two Drone Final Rules to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received two final rules from the DOT’s Federal Aviation Administration (FAA) for review. Both rulemakings address unmanned aircraft operations. The rulemakings address remote identification of drones and operations over people.

Remote Identification

The first rulemaking concerns “Remote Identification of Unmanned Aircraft Systems”. The notice of proposed rulemaking (NPRM) for this rule was published in December of last year. According to the Spring 2020 Unified Agenda listing for this action:

“This action would require the remote identification of unmanned aircraft systems. The remote identification of unmanned aircraft systems in the airspace of the United States would address safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States while also enabling greater operational capabilities.”

Operating Over People

The second rulemaking concerns “Operations of Small Unmanned Aircraft Over People”. The NPRM for this rule was published in February of 2019. . According to the Spring 2020 Unified Agenda listing for this action:

“This rulemaking would address the performance-based standards and means-of-compliance for operation of small unmanned aircraft systems (UAS) 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).”

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