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FAA Receives Comments on Proposed Drone Rule

A drone waters crops.

On December 31, 2019, the FAA issued a Notice of Proposed Rulemaking for regulations that would require the identification of unmanned aircraft systems, better known as drones. As part of the rulemaking process, the notice was submitted to regulations.gov, where commenters can offer their opinions on the issue. As of publication, over 52,000 comments have been posted.

The notice says that a law requiring the identification of unmanned aircraft “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.” To ensure widespread security, several pieces of information about the unmanned aircraft and its control station would need to be collected, including location, identity, registration data, and model type.

The law would separate unmanned aircraft into two categories based on their capabilities and operating range. The first type, standard remote identification UAS, “would be required to broadcast identification and location information directly from the unmanned aircraft and simultaneously transmit that same information to a Remote ID USS through an internet connection.” The second type, limited remote identification UAS, “would be required to transmit information through the internet only, with no broadcast requirements,” but the aircraft would be limited to a range of 400 feet from the control station.

Many commenters disliked FAA’s proposed rules, stating that it would be ineffective to implement a blanket approach to the issue and that these rules would restrict freedoms. One comment written by Gerlitz Engineering Consultants criticizes the remote identification requirements, saying that there are already effective safety measures in place: “The geofencing used by DJI drones could be something the FAA can begin to use to keep drones out of a sensitive area, like government buildings, airports, etc.” DJI is a Chinese technology company that has manufactured the largest percentage of drones that would be affected by the ruling.

The notice listed the rule’s deadline of effect, saying, “a person operating a UAS in the airspace of the United States would have to meet the remote identification requirements in one of three ways, depending upon the capabilities of the UAS, on or before the 36th month after the effective date of the final rule.”

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