Industry groups including Google and Amazon are pushing Congress to pass a “temporary” rule on commercial use of unmanned aerial drone vehicles, an effort that would pressure the Federal Aviation Administration to adopt that version as its permanent rule.
The push is a reaction to the slow pace of administration in addressing the issue. The FAA is working on a permanent rule, but it isn’t likely to be completed for about a year.
The proposed temporary version would, if enacted, allow companies to go ahead using the still-experimental technology. It also would effectively dare the FAA to shut them down if their activity clashes with the administration’s eventual permanent rule.
Advocates for the legislation say they are not looking for a confrontation with the FAA. They point out the temporary version is largely drawn from the FAA’s own proposal for the final rule.
“We are basically taking what the FAA has already put out regarding the rule and just accelerating it,” said a source involved in promoting the legislation who requested anonymity.
The source added, though, that the temporary legislation was also written to address “lingering uncertainties” that the administration might include measures in its final rule that drone fans oppose.
The FAA had initially proposed that all drone operators have a commercial pilot’s license. Industry groups loudly objected, saying that was too much of a burden. The administration relented and did not include that in its proposed rule. It has not definitively ruled out the requirement, though. The temporary bill would allow drone operators to not have a commercial pilot’s license.
The intent, said an industry source who also requested anonymity, was to be able to say to the FAA: We already have a working rule in place. Do not mess with it.
An FAA spokesman did not respond to a request for comment.
Numerous industries want to exploit the possibilities of the technology on everything from agriculture, to filmmaking, to package delivery. They’ve been held at bay by the FAA, which has expressed concern over air safety issues. In November, it issued a study showing there had been 25 near-misses between planes and drones since June.
The administration has granted waivers for commercial drone use, but on a largely random, ad-hoc basis.
In February, the administration issued a proposed rule that the industry called a good framework. But there is still an official rulemaking process to go through and that will likely take a year, possibly longer.
Sens. Cory Booker, D-N.J., and John Hoeven, R-N.D., jointly introduced the Commercial UAS Modernization Act on Tuesday. UAS is industry jargon for “unmanned aerial systems.”
The legislation would essentially call on the FAA to begin issuing licenses for drone use immediately. It would require the administration to create a standard test for drone operators 30 days from enactment of the legislation and issue permits to those who pass it.
It also would prohibit drone use past 500 feet above ground and limit operation to daytime and within the visual line of sight of the operator, among other provisions. The legislation would expire once the FAA issues the permanent rule.
“I don’t think we are out of sync with what the FAA is leaning towards,” a source said.
The Small UAV Coalition, a group that includes Google, Amazon and Intel as members, among others, immediately endorsed the legislation.
“The Commercial UAS Modernization Act would allow operators in the United States to take advantage of this technology now, instead of waiting one year or longer for the Federal Aviation Administration to publish its final rule,” the group said.
