The FAA Considers Integrating Commercial Unmanned Aircraft Systems For the First Time into the National Airspace System

           The FAA Modernization and Reform Act of 2012 (the Act) tasks the Federal Aviation Administration (FAA) with integrating unmanned aircraft systems (UAS) into the National Airspace System (NAS).  The Act legislates under the premise that UAS activity and accompanying regulations will develop from research and test flights and then go on to cover commercial operations.  Currently, public agencies have access to the NAS in order to facilitate testing and operations of UAS.  Certificates of Waiver or Authorization are available to public entities that want to fly UAS in civil airspace and have been issued for the following flight operations:  law enforcement, firefighting, border patrol, disaster relief, search and rescue, and military training. 

 

            In contrast, commercial operators, i.e. companies who propose to use UAS to earn a profit, have not been granted access to the NAS for testing purposes or otherwise by the Act.  The Act gives the FAA the authority to grant an exemption to commercial operators to operate UAS in the NAS on a case-by-case basis.  The policy of the legislature and the FAA is that for UAS to operate safely in the NAS, the UAS must meet the same certification criteria for aircraft airworthiness and pilot certification as manned aircraft.  In other words, at this stage for the FAA to grant approval of a UAS in the NAS, there must either be a certificated pilot at the controls or the operator must demonstrate that the operator of the UAS can safely perform operations without an airman certificate as well as comply with all of the other pertinent Federal Aviation Regulations. 

 

            Recently, the Motion Picture Association of America facilitated an exemption requests on behalf of seven of its aerial photo and video production company members to the FAA asking the agency to grant an exemption from the Federal Aviation Regulations that govern general flight rules, pilot certification requirements, manual requirements, maintenance and equipment mandates.  The exemption request, if approved, would represent the first time that the FAA allows use of UAS for commercial operations.  The aviation industry as a whole will be closely watching the MPAA’s exemption request for indicia of the precedential steps that other commercial operators will have to follow in the future to achieve authorization for UAS to operate in the NAS.  If you intend to integrate UAS into your business’s operations, then contact Aviation Attorney Ronnie Gipson for assistance with the project at (415) 692-6523 or gipson@higagipson.com.