Hoping to "move U.S. aviation into the modern era," Congressmen Bill Shuster (R-PA) and Frank LoBiondo (R-NJ), both part of the House Committee on Transportation and Infrastructure ("Committee"), recently introduced a Bill entitled the Aviation Innovation, Reform, and Reauthorization ("AIRR") Act. That legislation would do several things, including establishing an independent not-for-profit corporation outside of the federal government to provide U.S. air traffic control services, and giving the FAA more tools for the safe integration of drones.
A few days after the AIRR Act was introduced, Congressman Rodney Davis (R-IL) presented an amendment to that bill that would create a separate "micro-UAS" classification for drones that weigh less than 4.4 pounds, including payload. Recently, the Committee approved the Bill, which includes that Amendment. So, it will continue through the rulemaking process toward Congress.
Currently, to fly a commercial drone in U.S. airspace, the FAA requires businesses to apply for a special exemption (commonly known as a Section 333 Exemption) and certification. Additionally, the FAA mandates that the individual operating the commercial drone must hold either an airline transport, commercial, private, recreational, or sport pilot license, and meet other requirements. Congressman Davis' Amendment to the legislation would exempt commercial "micro-UAS" from all these requirements.
For example, the most popular drone submitted to the FAA for exemption, the DJI Phantom 3, weighs about 2.82 pounds. In contrast, the larger and heavier DJI Inspire weighs 6.47 pounds and would not qualify under the "micro-UAS" classification. Ratifying this amendment would allow a sector of recreational and commercial drone growth to endure without over burdening the industry, and still allow for the regulation of heavier drones that could cause more damage if something were to go awry.
While "micro-UAS" would be exempt from many of the regulatory requirements unique to commercial drone use, it would still be required to follow certain rules applicable to all drones. More specifically, to qualify for that exemption, a "micro-UAS" must be operated:
- below 400 feet above ground level;
- at an airspeed of not greater than 40 knots;
- within the visual line of sight of the operator;
- during daylight; and
- at least 4 statute miles from the
geographic center of a tower-controlled airport or airport denoted
on a current FAA-published aeronautical chart, except that a micro
UAS may be operated closer than 5 statute miles to the airport if
the operator –
- provides prior notice to the airport operator; and
- receives, for a tower-controlled airport, prior approval from the air traffic control facility located at the airport.
The "micro-UAS" exemption appears to heed the call of many FAA critics calling for less regulatory red tape for small drones operating below a certain weight and posing no serious safety issues. While the AIRR Act's ideas about privatizing air traffic control may not ultimately be passed, the thought-provoking idea about the "micro-UAS" exemption deserves a second look.
The "micro-UAS" exemption would make life easier for many businesses using smaller drones. However, the legislation "doesn't really change the regulatory landscape in a way that would allow for the drone delivery fleets Google and Amazon are eager to build." As the bill continues to make its way through the committee process, we will monitor and provide updates.
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