News & Resources

Awaiting Drone Rules

19 Aug 2015

By Todd Neeley
DTN Staff Reporter

OMAHA (DTN) -- Although the Federal Aviation Administration is making progress at developing rules to allow for the wider use of unmanned aerial systems, or UASs, in a variety of applications including agriculture, it could be sometime in late 2016 or early 2017 before those rules are completed.

A new report from the Government Accountability Office said the delay in finalizing the regulations comes at a time when similar laws in other countries continue to evolve.

Agriculture companies and others that wish to use drone technology are required to seek exemptions from a variety of FAA rules. As a result, the GAO said there has been a growth in the number of exemptions issued in the past year.

Companies involved in precision agriculture have received hundreds of exemptions to fly the machines over the past year. Insurance companies as well are dabbling with UASs to scout fields. Still, there have been concerns that delays in completing FAA regulations are preventing more industries from reaping the benefits of drone technology.

The GAO report comes as drones have become more popular and harder to manage. Firefighters in California have complained about safety issues this summer as they have frequently encountered unmanned aerial systems while trying to deal with wildfires in the state. The Los Angeles Times reported this week that a top California fire official told state lawmakers that private drones were increasingly posing a threat to fire-fighting aircraft. http://dld.bz/…

The GAO said although there are active test sites for unmanned aerial systems, the FAA is unable to direct research efforts because those sites do not receive federal funding.

"The FAA's six designated test sites have become operational but have had to address various challenges during the process," the report said.

"The designated test sites became operational in 2014, and as of March 2015, over 195 test flights had taken place. These flights provide operations and safety data to FAA in support of UAS integration. In addition, FAA has provided all test sites with a certificate of waiver or authorization allowing small UAS operations below 200 feet anywhere in the United States."

GAO said the test sites "sought additional guidance regarding the type of research they should conduct. According to FAA, it cannot direct the test sites, which receive no federal funding, to conduct specific research." GAO said it found FAA provided test sites with a list of potential research areas.

"The Federal Aviation Administration has progressed toward its goal of seamlessly integrating unmanned aerial system flights into the national airspace."

FAA expects to enact an implementation plan by December 2015.

GAO said the total number of approvals for UAS operations has been on the rise since 2010. That includes those for commercial operations for the first time.

"In addition, FAA has issued a notice of proposed rulemaking that proposes regulations for small UASs (less than 55 pounds)," the report said.

GAO said FAA's delays in implementing rules are happening while countries around the world have been allowing widespread use of drones in a number of applications.

"Around the world, countries have been allowing UAS operations in their airspace for purposes such as agricultural applications and aerial surveying," the report said.

"Unlike in the United States, countries GAO examined -- Australia, Canada, France, and the United Kingdom -- have well-established UAS regulations. Also, Canada and France currently allow more commercial operations than the United States. While the United States has not finalized UAS regulations, the provisions of FAA's proposed rules are similar to those in the countries GAO examined.

"... Meanwhile, unlike under FAA's proposed rule, Canada has created exemptions for commercial use of small UASs in two categories that allow operations without a government-issued certification, and France and Australia are approving limited beyond line-of-sight operations."

GAO said other countries face "technology shortfalls" that include the "ability to detect and avoid other aircraft and obstacles."

The GAO outlines a number of examples of where a lack of final FAA rules on drones is jeopardizing safety in cities across the country.

"The FAA has stated the number of reported incidents has increased recently, with 97 incidents reported from February through March 2015, compared to just three incidents reported during the same period in 2014," the report said. "FAA believes the increase is due to more awareness about UASs and the need to report incidents, but the extent these factors contribute to the increase is not clear."

When the FAA comment period closed April 24, 2015, the agency had received more than 4,500 comments.

In the interim, GAO said, the FAA continues to work with industry groups to expand the use of drones. That includes a so-called "Pathfinder Program" that includes partnerships with between FAA and companies to continue research into integrating drones into national airspace.

Read the full report here, http://tinyurl.com/…

Todd Neeley can be reached at [email protected]

Follow him on Twitter @toddneeleyDTN

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