FAA rules on drones seen prohibiting most useful functions

The Federal Aviation Administration’s proposed rules governing flights by small drones would prohibit some of the most useful applications of the technology, the state’s public policy board on unmanned aerial systems has concluded.

Members of the Nevada Institute of Autonomous Systems on Wednesday said the board is considering drafting comments to the FAA on the proposed rules that were released Feb. 15. The public comment period on the proposed rules runs through April 24.

The FAA proposal mandates visual line-of-sight operations and flying only during daylight hours for unmanned aircraft weighing less than 55 pounds.

Based on the proposed rules, public safety and first responders would not be able to conduct search-and-rescue operations unless the vehicle’s operator could maintain sight of the vehicle. The rules also mandate operations between sunrise and sunset local time, thwarting night search operations using sensors to locate lost or injured people.

The rules also would prevent inspections along utility lines unless the operator maintained visual contact.

The 200-page rules document released by the FAA also requires that drones can fly at a maximum airspeed of 100 mph and operate at a maximum altitude of 500 feet above ground level.

Don Cunningham, who heads Bowhead Systems, the private contractor that oversees the state’s unmanned aerial systems office, encouraged the board to weigh in on the regulations since Nevada is one of six states selected by the FAA to conduct unmanned systems testing.

Cunningham is hopeful that the FAA would conduct at least one public hearing in Nevada to gather comments on the proposed rules.

The proposed rules were unveiled by the FAA on a Sunday during the three-day Presidents Day weekend. Cunningham noted that the rules did not address privacy concerns prompting President Barack Obama to issue a presidential memorandum requiring that federal government entities take a transparent approach to explaining how data gathered by drones is collected, stored and safeguarded.

The proposed rules did not address privacy issues, a hot-button topic within the industry. The rules also did not offer any guidance on the possible use of drones to deliver packages, another potential use that wouldn’t be allowed if the visual line-of-sight rules prevail.

Other operational limitations under consideration in the proposed rules:

■ Small unmanned aircraft may not operate over any persons not directly involved in the operation.

■ Drones must yield right-of-way to other aircraft, manned or unmanned.

■ A first-person-view camera doesn’t satisfy the “see-and-avoid” requirement but can be used as long as the requirement is satisfied in other ways.

■ Careless or reckless operations are prohibited.

■ Operations within 5 miles of an airport are allowed only if permitted by local air traffic controllers.

■ Pilots of small unmanned aerial systems are considered “operators” and they must pass an initial aeronautical knowledge test at an FAA-approved testing center. They also must be vetted by the Transportation Security Administration.

■ Operators must be at least 17 and be retested every two years.

■ Operators must report an accident involving an injury or property damage to the FAA within 10 days of the incident.

The FAA also issued rules about “microdrones,” those weighing 4.4 pounds or less. There are few rules for those aircraft, used primarily by hobbyists.

Contact reporter Richard N. Velotta at rvelotta@reviewjournal.com or 702-477-3893. Find him on Twitter: @RickVelotta.