Updated NPRM Includes Language That Would Regulate 'Low Performance' And 'Model' Aircraft

The Office of Management and Budget has posted an update regarding the status of a proposed NPRM for the flight of unmanned aircraft in the National Airspace System (NAS), and everyone with an 8 inch toy helicopter needs to take note.

According to the OMB: "The NPRM also proposes regulations for all sUAS, including operating standards for model aircraft and low performance (e.g., toy) operations, to increase the safety and efficiency of the NAS. The FAA and sUAS community lack sufficient formal safety data regarding unmanned operations to support granting traditional, routine access to the NAS. This proposed rule would result in the regular collection of safety data from the user community and help the FAA develop new regulations and expand sUAS access to the NAS."

Forbes reports that the language is not a reaction to the recent incident at the White House. The language was included in a draft of the NPRM late last year. But it is also in direct conflict with the FAA Modernization and Reform Act of 2012, which specifically exempted model aircraft and hobbyists. "Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft," the law states.

The NPRM is continuing to grind its way through the regulatory process, and cannot be published until the White House review is complete, which would be about now given the 90-day time frame for such review. But that could be extended another 30 days should there be significant changes in the proposed NPRM. 

FMI: ww.federalregister.gov