FAA proposes drone regulations

Real estate, land surveying, cinematography, journalism, agriculture and construction are just some of the industry sectors that are likely to be influenced by the recently proposed regulations drafted by the Federal Aviation Administration for unmanned aircraft systems, familiarly known as drones.

The FAA has predicted that investments in the U.S. drone industry over the next 10 years could top $89 billion, and that in roughly five years there will be approximately 7,500 unmanned aerial vehicles roaming the country.

On Feb. 15, the FAA unveiled a long-awaited list outlining proposed limitations and requirements on multirotor machines and who can operate them. A public comment period is open until April 24.

Parker Gyokeres, a Middletown-based drone operator, demonstrates his drone technology. Photo by Bob Rozycki
Parker Gyokeres, a Middletown-based drone operator, demonstrates his drone technology. Photo by Bob Rozycki

It is unclear when the proposed rules will be finalized.

Proposal overview

Some of the requirements for individuals looking to operate unmanned aircraft systems:

Ӣ Be at least 17 years old.
Ӣ Pass an aeronautical knowledge test every two years.
Ӣ Obtain an unmanned aircraft operator certificate with a small unmanned aircraft systems rating.

Some of the proposed limits on flying unmanned aircraft systems include:

Ӣ Aircraft must weigh less than 55 pounds.
Ӣ The aircraft must remain in the operatorӪs view unaided by any device except corrective lenses.
Ӣ Aircraft may only be flown during daylight hours.
Ӣ An aircraftӪs speed cannot exceed 100 miles per hour, and the craft cannot fly higher than 500 feet above ground level.
Ӣ FAA airworthiness certification is not required for the aircraft, but an operator must conduct a preflight inspection.

Delayed process

The FAA Modernization and Reform Act of 2012 charged the federal agency with finding a way to safely integrate drone use into the national airspace system by September 2015, with rule proposals completed by August 2014. However, a report presented to the U.S. House of Representatives”™ subcommittee on aviation in December said that “unique challenges” have caused numerous delays, according to the report”™s author, Department of Transportation Assistant Inspector General Matthew E. Hampton.

Some of the challenges highlighted in the report include developing collision-preventing technology capable of detecting nearby drones, creating minimum-performance standards for operators and restructuring oversight of the national aerospace system.

In the meantime, the FAA has been issuing two kinds of certificates for unmanned aerial vehicle usage on a case-by-case basis. One type of waiver is for people in federal, state or local agencies, and the other is for the private sector. According to Hampton”™s report to the subcommittee, there have been 300 active public certificates issued and 20 in the private sector.

Local reaction

Parker Gyokeres, a Middletown-based drone operator, said the proposed regulations are “not overly onerous and yet require owners to be trained to a standard,” which he added was an “intelligent” move by the FAA.

Gyokeres, who retired from the Air Force in October after 22 years of service, is among many entrepreneurs looking to monetize the building, selling and use of drones. Gyokeres, among others, had feared the federal agency would over-regulate the industry, a move that he said would have put him out of business.

One of Parker Gyokeres”™ drones. Photo by Bob Rozycki
One of Parker Gyokeres”™ drones. Photo by Bob Rozycki

Gyokeres started his company, Propellerheads Aerial Photography, more than two years ago and since then it has grown significantly, he said. During the summer he will do between 15 and 20 drone photo jobs a month and about five to 10 video gigs during the same period. For drone photography, Gyokeres said on average he will charge $400. He said video taken with his drones can range anywhere from $1,500 to $3,500.

Last summer, Gyokeres helped document U.S. Rep. Sean Patrick Maloney”™s wedding in Cold Spring. Gyokeres”™ technology was featured in the “Vows” column of The New York Times.

“We were really concerned that the FAA was going to come down like a ton of bricks on us,” Gyokeres said. But instead, “the proposed rules that they have now are quite intelligent. (FAA officials) understand the risk we pose, which is quite low,” he said.

And this is the general stance that many have inferred from the FAA. In a statement, Michael Huerta, an FAA administrator, said the rules were written with flexibility in mind. “We want to maintain today”™s outstanding level of aviation safety without placing an undue regulatory burden on an emerging industry.”

Peter Scherrer, Westchester County Airport manager, said the proposed regulations were a positive first step.

“The FAA”™s rules are a good start and (are) going to be constantly evolving with drones,” he said.

The airport has recently faced instances of drones encroaching on its airspace. This was the top priority for Scherrer, but he said the aeronautical knowledge test that will be required of drone operators will be integral to teaching them how and where to safely fly their aircraft.

“It can be a dangerous device if not operated properly,” he said, but the FAA rules are a “good first step of identifying what (drones) are capable of doing.”