FR 2021-04093

Summary of the Document

The Federal Aviation Administration (FAA) has announced a delay in the implementation of a new rule concerning the operation of small unmanned aircraft systems, often referred to as drones, over people. Initially set to be effective on March 1, 2021, this rule's enforcement has been deferred to March 16, 2021. This postponement is in response to a memorandum issued by the Assistant to the President calling for a "Regulatory Freeze Pending Review." This rule, once in effect, will permit certain routine drone operations over people, moving vehicles, and during nighttime hours under specified conditions. Additionally, it introduces changes to testing protocols and certification requirements for drone operators.

Significant Issues and Concerns

One of the primary issues outlined in the document is the potential ambiguity or delays caused by the "Regulatory Freeze Pending Review." This delay could create uncertainty for stakeholders who are preparing for compliance with the new regulations. Additionally, the document references specific regulatory sections and legal citations without providing context, which might be challenging for those unfamiliar with these details.

The FAA's decision to waive the typical public comment period, as described in the Administrative Procedure Act (APA), could raise concerns among stakeholders. The urgency of this delay might lead to apprehensions about insufficient stakeholder engagement or a lack of transparency in regulatory processes. Furthermore, the document includes corrections to compliance dates, which could confuse parties who have already adjusted their plans according to the original schedule.

Impact on the Public and Stakeholders

The delay in implementing the drone operation rule could have varying impacts. For the broader public, the postponement might mean a temporary hold on expanded drone operations, which some might view as beneficial for safety. For recreational or commercial drone operators, this delay could be seen as a setback, as it postpones the opportunity to conduct certain flights legally and expands operational scope.

For those who have prepared for compliance by the initial date, planning confusion might arise. Businesses involved in drone technology, such as service providers or manufacturers, might experience operational or financial impacts due to this regulatory delay. The FAA's actions could also affect governmental and non-governmental organizations employing drones for various purposes, from disaster response to infrastructure inspections, by complicating the implementation of planned operations.

Overall Evaluation

While this delay accommodates a high-level review of the rule to ensure due diligence, it underscores an essential balance between establishing firm regulatory timetables and maintaining the flexibility to revisit critical policy implementations. Stakeholders should use this period to better understand the implications of the rule and prepare for potential changes. The FAA should strive to clarify any ambiguities and provide further guidance to ensure a smooth transition when the rule becomes effective.