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Commercial UAS Modernization Act introduced to the Senate; we can’t wait for the FAA

By Kathryn Rattigan on May 21, 2015
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On May 12, 2015, the Commercial UAS (Unmanned Aerial Systems –i.e. drones) Modernization Act was introduced to the Senate Subcommittee on Aviation Operations, Safety and Security, which sets forth interim drone operating rules while the Federal Aviation Administration (FAA) finalizes permanent regulations. Senator Cory Booker and Senator John Hoeven presented this bill to prevent the U.S. from falling behind this quickly growing industry. Booker said in a statement, “There is so much potential that can be unlocked if we lay the proper framework to support innovation in unmanned aircraft systems. But right now, the U.S. is failing behind other countries because we lack rules for the safe operation of commercial UAS technology.” Booker and Hoeven believe that commercial UAS operation could yield improvements in crop production, emergency services, and environmentally-friendly delivery of packages.

Under the proposed bill, small commercial UAS operators would be permitted to operate a UAS without an FAA certificate as long as the drone is insured and registered. Additionally, UAS operators would need to pass an aeronautical knowledge test and conduct a demonstration flight at one of the FAA testing centers in the U.S. While the bill seeks to expand commercial UAS operation, it does include some restrictions as well.Under the proposed bill, operators could only fly drones to a maximum height of 500 feet, during the daytime hours only, within the operator’s line of sight, and outside of controlled airspace. An operator could face a civil action if he or she does not follow these strict requirements.

The proposed bill also seeks to create a new FAA deputy administration position called a “associate administrator for unmanned aircraft” which would exclusively handle the integration and oversight of UAS into U.S. airspace. We will track the bill to see if it takes off.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.

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  • Posted in:
    Technology and AI
  • Blog:
    Data Privacy + Cybersecurity Insider
  • Organization:
    Robinson & Cole LLP
  • Article: View Original Source

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