The FAA finalized the first operational rules for routine commercial use of small unmanned aircraft systems this week, beginning the process towards full integration of drones into domestic airspace. The regulations, which in principle, reflect the draft version released last February, will allow for commercial operators to begin using drones domestically, within specific parameters. Industry estimates indicate the rule could generate more than $82 billion for the U.S. economy and create more than 100,000 new jobs over the next decade.

The new rule, which becomes effective in late August will:

• regulate drones weighing less than 55 pounds that are conducting “non-hobbyist operations;”
• require pilots to keep drones within visual line-of-sight;
• require pilots to operate only during daylight hours or twilight if the drone has anti-collision light; and
• impose height and speed restrictions.

The regulations also prohibit flights over people on the ground who are not participating in the operation. In all, the regulations preclude some of the most commonly considered uses of the technology—no Amazon drone deliveries and no pizza-by-plane would be allowed—but open up commercial possibilities that were previously excluded entirely. The FAA is also offering to waive some restrictions if an operator proves the proposed flight will be conducted safely under different terms.

Under the finalized rule, drone pilots must be at least 16 years old and have a remote pilot certificate with a small UAS rating, or be directly supervised by someone with a certificate. Obtaining the certificate requires passing an aeronautical knowledge test at an FAA-approved testing center or having an existing Part 61 pilot certificate. Commercial operators are not required to comply with current airworthiness standards or aircraft certification to operate. The FAA is issuing “recommended privacy guidelines” as part of required drone registration, but the rules do not address the privacy issues presented by drones, and the agency indicates the issue will be addressed through future rulemaking.

The rule does not cover hobbyist use of drones nor does it deal with non-commercial use. While this means that government operators will likely still be required to obtain differential authorization—through either a Section 333 waiver or a Certificate of Authorization—the rule reflects how the FAA evaluates the safety concerns posed by drones and illuminates the Administration’s thinking on the issue. The guidelines formalized in this rule are frequently applied, even if not officially, against governmental applicants, and agencies hoping to use a drone themselves should keep an eye on how the FAA is regulating, even when the regulations are not directly applicable. The finalization of this rule is the beginning of a new chapter in the mainstreaming of drones, and the skies are poised to become a lot more crowded in the years to come.

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