nd.gov - The Official Portal for North Dakota State Government
North Dakota: Legendary. Follow the trail of legends
New Federal Regulations for Small Drones Receive Positive Feedback from North Dakota Industry Members
Post Date: Jun 22 2016

By Grand Forks Herald
The Federal Aviation Administration debuted a set of long-awaited regulations governing the use of unmanned aircraft Tuesday that were met with fanfare from local and national members of the industry.

The rules are targeted at small unmanned aircraft, also known as drones, used for commercial and public applications and contain requirements for their operation and qualifications for their pilots.

David Dvorak, CEO of Field of View in Grand Forks, has been waiting years for the FAA to finalize regulations for unmanned aircraft.

"The level of restriction up until this point has been pretty horrendous so this seems like a walk in the park compared to what we have been working under," he said of the new requirements.

The rules, formally known as Part 107 of the Federal Aviation Regulations, will take effect in late August, and will apply to drones weighing less than 55 pounds.

These regulations pave the way for commercial operations utilizing unmanned aircraft, which currently are prohibited unless an exemption is obtained from the FAA. The agency had granted more than 5,000 exemptions prior to the unveiling of Part 107 — about 20 of which have gone to North Dakota-based companies.

Industry experts say the rules' release spells good news for the economy, with estimates predicting more than 100,000 jobs could be created and $82 billion generated over the next 10 years as a result.

Drone operations by public agencies such as sheriff and police departments also are included in the new regulations. Previously, these groups needed to acquire a certificate of authorization that spelled out conditions for flight.

"We are part of a new era in aviation, and the potential for unmanned aircraft will make it safer and easier to do certain jobs, gather information and deploy disaster relief," U.S. Transportation Secretary Anthony Foxx said in a statement Tuesday.


The first draft of the rules for small unmanned aircraft was published last year, but regulations in general have been a long-awaited by those in the industry.

In 2012, the FAA received a congressional mandate to integrate UAS technology into national airspace by September 2015. The deadline came and went with no rules finalized, leaving the industry to await this week's release.

Dvorak and others predict the news will inspire more confidence in the technology and produce an uptick in economic activity as businesses prepare for the rule to become active.

"As a company that provides software and hardware for drone operators, I'd imagine this release will give a lot more people confidence to start investing in equipment, training and software in the next 60 days," Dvorak said.

Come August, drone pilots can fly at an altitude of 400 feet or less, cannot fly directly over people not involved in a flight operation and must maintain a safe distance from airports unless permission is received from the facilities in Class B,C, D and E airspace.

Part 107 prohibits flying unmanned aircraft in Class A airspace, which spans from 18,000 to 60,000 above sea level. Flights are allowed in Class G airspace, which is considered uncontrolled airspace, without permission from air traffic control.

Drone pilots must be certified and at least 16 years old unless supervised by someone holding a remote pilot certificate.

The certificate would be obtained by passing an initial aeronautical knowledge test at a FAA-approved knowledge testing center or through other means if a person has an existing non-student Part 61 pilot certificate. Background checks on all remote pilot applications would be conducted by the Transportation Security Administration prior to issuance of a certificate.

Other requirements include always operating a drone within line of sight, flying during the day, not exceeding a groundspeed of 100 mph and avoiding reckless operations.

Missing pieces

Though Part 107 lays groundwork for the continued growth of unmanned industry, some found there still are important provisions missing from it.

"While the approved regulations are a step in the right direction for the drone industry, we still have a long way to go, specifically when it comes to long-distance or beyond-visual-line-of-sight drones," Tero Heinonen, CEO of Sharper Shape, said in a statement.

Heinonen, whose company operates out of Palo Alto, Calif., and Grand Forks, and others see beyond-line-of-sight as crucial to the continued development of drone technology.

Those wishing to conduct operations beyond line of sight or at night need to receive a waiver from the FAA, but it's likely that will be a temporary fix much like the commercial exemption process.

"With this new rule, we are taking a careful and deliberate approach that balances the need to deploy this new technology with the FAA's mission to protect public safety," FAA Administrator Michael Huerta said in a statement. "We're already working on additional rules that will expand the range of operations."

Overall, reaction to the rule's release has been favorable with advocacy groups such as the Association of Unmanned Vehicle Systems International and the Academy for Model Aeronautics commending the FAA in allowing the industry to continue advancing.

Easier access to the industry does spell more competition for those already established within it.

"The challenge isn't over, it's really just beginning," Dvorak said. "Now everyone is kind of on an equal playing field. There have been companies that have come and gone over the years here, but now everyone has the opportunity to generate income from day one.

"It'll be interesting to see how the market handles that."

New Federal Regulations for Small Drones Receive Positive Feedback from North Dakota Industry Members - Grand Forks Herald
10 Reasons To Do Business in North Dakota Experience ND - Relocate to North Dakota