Last week Sen. Vitter (R,LA) introduced S 2670,
the Micro Drone Safety and Innovation Act of 2016. The bill would establish
the legal framework for the minimal regulation of micro unmanned aircraft
system (micro UAS).
Micro UAS Exemptions
The bill adds a new §337
to the FAA Modernization and Reform Act of 2012 (49
USC 40101 note). It defines micro UAS as “an unmanned aircraft system the
aircraft component of which weighs not more than 4.4 pounds, including payload”
{new §337(f)}.
Under clearly specified operating conditions, it would
exempt the operator of a micro UAS from any “provision of a statute, rule, or
regulation relating to airman certification” {new §337(b)}. It specifically
exempts micro UAS operators from requirements:
• To pass any aeronautical
knowledge test;
• To meet any age or experience
requirement; or
• To obtain an airman certificate or medical
certificate.
Under the same operating conditions, the bill would exempt
the micro UAS from airworthiness standards under 49 USC 447 and specific
sections of 14
CFR part 91 regulations pertaining to operations of aircraft. The bill
would specifically allow, again within the specified conditions, micro UAS to “be
operated by any person without a certificate of authorization or waiver from
the Federal Aviation Administration” {new §337(d)(2)}. The bill would also
exempt micro UAS from subsequently adopted drone regulations.
The specified conditions which the bill requires for all of
the above exemptions to FAA statutes and regulations are that the micro UAS
will be operated {new §337(a)(1)}:
• At an altitude of less than 400
feet above ground level;
• At an airspeed not greater than
40 knots;
• Within the visual line of sight of
the operator;
• During the hours between sunrise
and sunset; and
• Not less than 5 statute miles from the geographic
center of an airport
Moving Forward
Vitter is not a member of the Commerce, Science and
Transportation Committee, the committee to which this bill was referred for
consideration. Thus it is unlikely that he would have the pull to have this
bill considered in Committee. The most probable way that this bill could move
forward would be for it to be considered as an amendment to another bill that
would require Vitter’s cooperation for passage.
Commentary
This bill would throw the recent FAA interim
final rule (IFR) on small UAS registration into all sorts of confusion.
First, it ignores any differences between commercial operation and model
aircraft operation; which plays a major part in differentiating how small UAS
will be registered. Secondly, the small UAS definition in this bill falls
within the boundaries of the definition of the IFR as far as aircraft size. The
IFR sets the weight limit as being between 0.55-lbs and 55-lbs. Thirdly, the
bill does not exempt the small UAS from marking requirements, but the only way
of fulfilling those requirements is to obtain a registration number.
While the bill does restrict operation around airports (and
does include provisions for obtaining permission to operate within the 5-mile
airport limit) it does not provide any restrictions on the operation of the
small UAS near critical infrastructure, over crowds, near aerial fire-fighting
operations, or any other ‘reasonable’ flight area restrictions.
In general, this bill would create more confusion than would
be outweigh any benefit that would accrue to the owners of the small UAS
defined in this bill.
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