Blog: After missed deadline, FAA quickens pace on drones

September flew by, and the Federal Aviation Administration missed a deadline for writing the rules on drones.

Congress had mandated integration of unmanned aircraft systems into the National Airspace System two months ago. It’s a pressing issue for our country, and it has significant implications for commercial interests. Remember the idea of getting Christmas gifts delivered to our front doors? It won’t happen this year, but the bright side is the delayed rulemaking has kicked into gear new deadlines.

In a Webinar with media representatives this morning, Husch Blackwell LLP aviation experts said this spring is the new goal for rules, with the intent of publishing them by June.

“That was just one week ago that they said spring 2016,” says Tom Gemmell, a former U.S. Air Force fighter pilot and Gulf War veteran who now serves as co-chairman of Husch Blackwell’s UAS practice team.

His UAS team partner? Springfield’s own David Agee, who has decades of commercial aviation legal experience.

Right now, drone users fly for hobby and light commercial reasons and both are subject to certain risks. Without the full rules ironed out, the U.S. skies are a no-fly zone without specific authorization from the FAA.

But the reality is enforcement would be challenging and unlikely, unless injuries occur.

“This is kind of a Wild West situation,” Agee says, drawing the analogy of when cars were introduced and roads, stop lights or intersections had yet to be fully developed.

The FAA has drawn the line between hobby/recreational use and commercial activity with drones. It’s black and white to the government, but gray area still exists in the skies.

“They don’t have the time or expense to go after some random, isolated incident,” Agee says of FAA enforcement, which could levy a fine up to $11,000 per incident.

There is a written exemption for model aircraft under 55 pounds flown for recreational use only. Hobby is defined as model aircraft, photos for personal use, moving a box without compensation or viewing a field for crop analysis. Since June 2014, the FAA has said no money can be exchanged related to the flight.

That disqualifies the interests in agriculture, real estate, media and retail sectors with big eyes on dollar signs. The estimated economic impact once the commercial rules are implemented is $13.6 billion in the first three years and $82 billion within 10 years.

“The majority of the public is still not understanding the significance of this issue,” Agee says. “I think they look at it no different than a camera that they can do whatever they want with. Once over 500 feet in the air, they are a danger to the public air space. The public thinks they’re toys, and they can do whatever they want with toys.”

The aviation attorneys suspect NAS implementation in 2018. Until then, the public is learning and commercial drones are hovering.