Highly anticipated federal rules on commercial drones are
expected to require operators to have a license and limit flights
to daylight hours, below 400 feet and within sight of the person at
the controls, according to people familiar with the rule-making
process.
The drone industry has awaited commercial rules for about six
years, hoping the rules would pave the way for widespread drone use
in industries such as farming, filmmaking and construction. Current
FAA policy allows recreational drone flights in the U.S. but
essentially bars drones from commercial use.
While the FAA wants to open the skies to unmanned commercial
flights, the expected rules are more restrictive than drone
supporters sought and wouldn't address privacy concerns over the
use of drones, people familiar with the matter said.
The agency also plans to group all drones weighing less than 55
pounds under one set of rules. That would dash hopes for looser
rules on the smallest drones, such as the 2.8-pound Phantom line of
camera-equipped, four-rotor helicopters made by China's SZ DJI
Technology Co. Similar-sized devices are seen as the most
commercially viable drones and have surged in popularity in the
last two years.
Small-drone supporters say such models are less risky to people
and structures than heavier drones like Boeing Co.'s ScanEagle, a
gas-powered, 40-pound aircraft with a 10-foot wingspan that can
stay aloft for more than 24 hours. ConocoPhillips Co. uses the
ScanEagle to gather data on Arctic ice pack and whale
migrations.
In addition, pilot certifications likely to be proposed by the
FAA would typically require dozens of hours flying manned aircraft,
according to people familiar with the rule-making discussions.
Drone proponents have resisted requiring traditional pilot training
for drone operators.
FAA officials expect to announce proposed rules by year-end. The
proposal will kick off a public comment period that is likely to
flood the agency with feedback. It could take one or two years to
issue final rules.
In a statement, the FAA said it is working to "integrate
unmanned aircraft into the busiest, most complex airspace system in
the world--and to do so while we maintain our mission--protecting
the safety of the American people in the air and on the ground.
That is why we are taking a staged approach to the integration of
these new airspace users."
The White House Office of Management and Budget is reviewing the
current FAA proposal and seeking comments from other parts of the
government, including the Pentagon and law-enforcement agencies.
Last-minute objections could change some specifics and delay
release of the proposed rules.
The agency has said it is moving carefully on drone rules out of
concern for potential collisions with other aircraft and injury to
people and structures on the ground.
Airline pilots and aircraft owners have supported the cautious
approach. But some drone-industry officials predict a loud backlash
to the proposal.
"I feel like there's a colossal mess coming," said Michael
Drobac, executive director of the Small UAV Coalition, an advocacy
group for drone makers and innovators, including Google Inc. and
Amazon.com Inc. The rule is going to be "so divorced from the
technology and the aspirations of this industry...that we're going
to see a loud rejection."
Unmanned aircraft have proliferated in U.S. skies as technology
makes them smaller, cheaper, more powerful and easier to fly. While
the FAA has helped build unparalleled safety into passenger
air-travel with strict manufacturing and operating rules, the
system didn't foresee thousands of small aircraft buzzing around at
low altitude.
The FAA's current policy allows commercial drone flights only
with case-by-case approval. Officials have authorized just a
handful of companies so far.
Still, thousands of entrepreneurs are believed to be flying the
devices without FAA clearance, making it hard for those operators
to get insurance.
Some government and aviation-industry officials are worried
about surging use without meaningful oversight. Pilots are
increasingly reporting midair drone sightings, including three near
John F. Kennedy International Airport in New York last week.
Drone proponents say the U.S.'s regulatory approach is less
accommodating than in other countries. This month, Canada plans to
issue blanket approval for all commercial operations that use
drones weighing less than 4.4 pounds as long as they comply with
certain safety standards, such as altitude limits and no-fly zones
around airports.
The FAA must "properly balance regulatory restrictions and the
safety risks posed by" various sizes of unmanned aircraft, said Ted
Ellett, a former FAA chief counsel who now is a partner at law firm
Hogan Lovells US LLP. Mr. Ellett said a "one-size-fits-all"
approach "will create yet another unnecessary and costly
impediment."
Gretchen West, former executive vice president of the
Association for Unmanned Vehicle Systems International, the
nation's biggest drone-lobbying group, said large, powerful drones
like those used by the military got more attention when the FAA
began working on the rules.
Since then, much of the growth has shifted to smaller drones.
The expected rules are "going to be very restrictive for small
systems," she added.
Jesse Kallman, head of regulatory affairs for drone-software
firm Airware, said requiring commercial drone pilots to have
cockpit training "will end up excluding someone who has hundreds of
hours of experience on an unmanned aircraft in favor of a pilot who
understands how to operate a Cessna but not an unmanned
aircraft."
In exemptions granted to six filmmaking companies to use drones
on film sets earlier this year, the FAA required operators to have
private-pilot licenses.
The FAA's draft rule is expected to require lower-level pilot
certifications requiring fewer flight hours, according to people
familiar with the matter.
One former FAA official said the agency is concerned that
statutes bar it from authorizing commercial aircraft operations
that don't have a certified pilot.
The agency is drafting language asking Congress for greater
flexibility, this person said.
The planned 400-foot flying limit within the operator's sight
largely follows the FAA's current rules for recreational uses of
drones. Those rules are based partly on voluntary guidelines for
model aircraft published by the agency in 1981.
Drone proponents say the FAA is relying on decades-old
regulations that don't account for advancements in technology. Many
drone pilots use "first-person view" technology allowing them to
rely on real-time footage from a drone's camera broadcast to their
controller or headwear that resembles virtual-reality visors. Users
can add infrared and other sensors for night or low-visibility
missions.
The FAA's expected requirement for daylight flights within the
operator's sight would essentially prohibit many commercial
applications, such as pipeline inspections and crop monitoring on
large farms.
The FAA is awaiting data from a number of test sites before
proposing regulations affecting drones that weigh more than 55
pounds. That process is expected to take at least several years.
Until then, many states and local governments are likely to
establish their own standards.
Write to Jack Nicas at jack.nicas@wsj.com and Andy Pasztor at
andy.pasztor@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires