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WHEN DO THE NEW REGULATIONS
QTAKE EFFECT?
AThe regulations become effective on August 29—nicely
timed for ski areas to prepare for the new regulations before
the 2016-17 season. Until this late August date, however,
only those businesses with Section 333 exemptions (see
below) are allowed to operate drones commercially.
QWHAT CONSTITUTES
COMMERCIAL” OPERATION
OF A DRONE?
AIn the context of drone usage, the word “commercial”
describes any kind of flight operation that can be tied to an
economic benefit. Bear in mind, there are separate regula-
tions that govern the recreational use of drones by the gen-
eral public (hobbyists or model aircraft users), outlined in
Section 336 of Public Law 112-95. Likewise, the FAA has
separate rules that apply solely to the commercial opera-
tion for drones, under the new Part 107 regulations for busi-
nesses. There may also be government or law enforcement
uses of drones, but those uses are treated differently from
commercial operations. In the context of first responders
such as the ski patrol, however, the use of drones still consti- about 1,200 feet or lower, and not close to airports. For ski
tutes an economic benefit to the ski area, so the new com-
mercial drone regulations would still apply.
QARE EXISTING SECTION 333
EXEMPTIONS STILL VALID?
AYes. Prior to the release of the FAA’s commercial drone regu-
lations, if a business wanted to use drones, the FAA required
it to obtain a special authorization through a process known
as a Section 333 exemption. These exemptions were expen-
sive and complicated (usually requiring specialized legal
expertise), and more than half a year for approval. With the
new commercial usage regulations, businesses no longer need
to obtain a Section 333 exemption to fly drones.
Even with these new regulations, those businesses with
existing Section 333 authorizations may choose to continue
to operate drones commercially pursuant to the FAA’s terms
of those exemptions.
Notably, though, some (but not all) provisions of the
FAA’s new regulations are waivable. While the rules prohibit
certain drone operations (like flying over people, or operat-
ing at night), a business may seek a waiver asking the agency
for an exemption from a particular rule, based on case-by-
case circumstances and proposed safety protocols. The good
news is that this waiver process will likely be less formal and
with faster approvals than the more burdensome and costly
Section 333 exemption process.
QARE THERE SIZE, SPEED, AND
HEIGHT LIMITS FOR COMMERCIAL
DRONE USE?
AThe FAA’s new commercial drone regulations establish some
threshold operational requirements. Commercial drones
must weigh 55 pounds or less, operate at a maximum alti-
tude of 400 feet above ground level (AGL), and fly with a
maximum ground speed of 100 miles per hour (87 knots).
Furthermore, all drones, whether used recreationally or for
commercial purposes, must be registered with the FAA. The
minimum weather visibility for commercial drone opera-
tion is 3 miles from the control station, which could impact
drone use at ski areas in winter alpine environments.
The FAA’s new rules allow drone operations in Class
G airspace without air traffic control (ATC) permission.
Generally, Class G is the airspace very near the ground, or
areas, almost all drone operations will be within Class G air-
space, but you should work with your local ATC office of the
nearest airport to discuss your area’s planned use of drones.
QWHY IS THE ACRONYM VLOS SO
IMPORTANT?
AOne of the most important—and limiting—rules in the new
regulations requires that drone pilots maintain the operation
of the drone within the pilot’s visual line of site, or VLOS.
Furthermore, the regulations stipulate that pilots may not
use anything beyond corrective lenses—not even binocu-
lars—to maintain line of sight with the drone.
While not required, drone pilots may use visual observ-
ers to assist them in watching for obstacles, including other
drones. These visual observers do not need a pilot’s certifica-
tion such as a remote airman’s certificate. Even with the assis-
tance of visual observers, the ultimate responsibility for overall
safety of the drone operation rests with the remote pilot in
command, not the visual observer. Also, the FAA refused
to allow businesses to use a “daisy chain” of visual observers
spread out over a lot of terrain, to visually hand-off the line-of-
sight duties as the drone progresses through the air.
SUMMER 2016 | NSAA JOURNAL | 19