Notices of Proposed Rule-making (NPRMs) are a last step before a proposed rule becomes a regulation. On October 25th, 2014 a proposed rule went before the Office of Information and Regulatory Affairs (OIRA) within the White House, for executive review and promotion to the NPRM stage. The OIRA maintains a website identifying all activities undertaken for all rules before it, and this afternoon – clearly in response to the recent White House drone crash – a new section was added to the Small Unmanned Aircraft Rule being discussed.

The State of Need – Summary – now reads:

“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.”

While previously the de facto protection of hobbyist flight of small UAS over most areas was assumed to be protected in the NPRM, it would seem that changes will likely take place dramatically limiting the areas they can fly. The crashing of a small UAS into the White House lawn illustrates the innocuous nature of the risks being posed by sUAS. The notion that AC 91-57 will protect the majority of hobbyist or non-professional flight of UAS seems to be changing, and this should be recognized by all members of the Aviation community. While proponents of sUAS community had previously seen this battle as won, new lines in the sand have been drawn, and the battle for where, when, how, and why amateur flights can take place legally are suddenly in question.

Proponents of sUAS activities being unregulated are likely to disappointed with the sudden change in policy, while those in the safety community may see this as s positive step in moving beyond an antiquated and outdated Advisory Circular as guidance and protection for an industry that hadn’t existed when it was published.