Monday, January 25, 2021
As was recently reported in Robinson+Cole’s
Data Privacy + Cybersecurity Insider, the Federal Aviation Administration (FAA) issued two Final Rules for unmanned aircraft systems (UAS), i.e
., drones: (1) requiring Remote Identification (Remote ID Rule), and (2) authorizing small UAS (weighing less than 55 pounds) to fly over people and at night under certain conditions (Operations Over People and at Night Rule). While both new Rules are relevant to the real estate development and construction industry, the Operations Over People and at Night Rule has particular significance, offering many benefits.
The Remote ID Rule requires all UAS, whether flown for recreational or commercial purposes, to broadcast identification, location, and performance information. This can be achieved by using either a UAS with built-in capabilities, or one to which a remote-identification-broadcast module may attach. (Or, if operating a UAS without Remote ID, the device may be used only at specific FAA-recognized identification areas.) Remote identification will provide the FAA and other administrative agencies with an awareness of which UAS are using the United States’ airspace, and with the ability to distinguish compliant airspace users from those potentially posing a safety or security risk.