Congressional Digest

    Commercial Drones

September 24, 2015
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The Federal Aviation Administration (FAA) Modernization and Reform Act, enacted in 2012, created a gradual process for integrating unmanned aircraft systems (UAS), otherwise known as drones, into the national airspace. In addition to military purposes, drones have a variety of applications, from weather monitoring and bridge inspection to border patrol and search-and-rescue operations; however, government agencies and others must first obtain authorization from the FAA for their use.

As drone technology has advanced and costs have dropped, private-sector demand for these devices has increased. In February 2015, the FAA proposed new rules that would allow commercial drones to fly during daylight hours, at a 500-foot ceiling and away from airports, so long as they remained within the line of sight of their operator. Licenses would be issued at the agency’s discretion.

Commercial drone advocates predict that UAS will transform a number of industries, including agriculture, energy production, news and entertainment, transportation, and retailing. At a June 17 hearing before the House Oversight and Government Reform Committee — titled “Drones: The Next Generation of Commerce?” — FAA Deputy Administrator Michael Whitaker testified the agency expects to finalize the regulations within the next 12 months.

Paul Misener, Vice President of Public Policy at Amazon, told lawmakers that the company would have the technology in place to begin delivering packages to customers via drones as soon as the regulations become effective, but that the line-of-sight restriction would be an impediment.

Others raised privacy concerns. Harley Geiger of the Center for Democracy and Technology warned of a “nightmare scenario for civil liberties,” in which both commercial and law enforcement drones constantly “record footage of virtually anyone who steps out of her home, even if the individual remains on private property.”

Meanwhile, Senators Cory Booker (NJ-D) and John Hoeven (ND-R) have introduced the Commercial UAS Modernization Act, to set interim safety rules, help speed up the process for commercial users, and preserve FAA’s authority while giving the agency flexibility to make changes in the final rule.

“There is so much potential that can be unlocked if we lay the proper framework to support innovation in unmanned aircraft systems,” Senator Booker said. “But right now, the U.S. is falling behind other countries because we lack rules for the safe operation of commercial UAS technology. The Commercial UAS Modernization Act sets up clear and immediate rules of the road, helping to lay a foundation that will allow us to make cutting-edge progress in a rapidly emerging field.”

For more background on unmanned aircraft vehicles, see the May 2013 issue of International Debates on “Drone Use by the U.S. Military.”

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