In the FAA Modernization and Reform Act of 2012,
Congress tasked the Secretary of Transportation with developing “a
comprehensive plan to safely accelerate the integration of
civil unmanned aircraft systems into the national
airspace system.” Pub. L. 112-95, § 332(a)(1), 126 Stat. 11, 73 (codified at 49
U.S.C. § 40101).
In 2016, pursuant
to the instruction of the FAA Modernization and Reform Act, the Federal Aviation
Administration (FAA) promulgated the
rule establishing the regulatory scheme
for drones in Operation and
Certification of Small Unmanned Aircraft Systems, 81 Fed. Reg. 42,064 (June 28,
2016) (hereinafter “Small UAS Rule”). This rule added a new part 107 to Title
14 Code of Federal Regulations (14 CFR) to allow for routine civil operation of
small UAS (i.e., drones) in the national airspace system (“NAS") and to provide
safety rules for those operations.
The key element to
this new part 107 to CFR Title 14 was to allow commercial operation of Small UAS,
i.e., drones weighing less than 55 pounds.
Now, in a truly landmark event, the
U.S. Department of Transportation’s Federal Aviation Administration (FAA) on December
26, 2019, announced in a press release a proposed rule
that would continue the safe integration of Unmanned Aircraft Systems (UAS),
commonly called drones, into the nation’s airspace by requiring them to be
identifiable remotely.
“Remote ID technologies will
enhance safety and security by allowing the FAA, law enforcement, and Federal
security agencies to identify drones flying in their jurisdiction,” said U.S.
Transportation Secretary Elaine L. Chao.
The FAA states that the adoption of the proposed
rule would then 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.
The FAA will seek input regarding the
Notice of Proposed Rulemaking (“NPRM”) for Remote Identification (“Remote ID”)
of Unmanned Aircraft Systems that was
placed on display in the Federal
Register on December 26, 2019. The document details in the Federal
Register accompanying the proposed rule indicates that the 319-page NPRM,
Document No. 2019-28100 in Docket No.: FAA-2019-1100 will be published on December
31, 2019. The publication date will establish a 60-day window for the filing of
comments by interested parties to assist the FAA in developing a final rule to
enhance safety in the skies over the U.S. due to the implementation of Remote
ID systems.
See a copy of the
complete FAA Remote ID NPRM here.
As the reader might
imagine, the 319-page document establishing the FAA’s Remote ID regulatory
scheme, which program will be the foundation for all drone traffic management
in the future, is intensely complicated.
As the FAA notes in its press release, Drones are a fast-growing segment of the
entire transportation sector – nearly 1.5 million drones and 160,000 remote
pilots are registered with the FAA, with that number estimated to increase as
the FAA implements its Remote ID program and teh commercial drone industry continues to mature. Consequently, all interested parties are
encouraged to weigh in with comments regarding this revolutionary proposal..
A more detailed
analysis of the NPRM, section by section, will follow in future posts.
