FAA Issues First Major Unmanned Aircraft Rules Since 2016

On January 15, 2021, the Federal Aviation Administration ("FAA") issued two significant final rules: the Remote Identification of Unmanned Aircraft ("UA") rule and the Operation of Small UA Systems Over People rule. These are the first significant UA regulations from the FAA since 2016, and are important steps to increasing and regularizing commercial drone use in the United States.

First, the Remote Identification ("Remote ID") of UA rule seeks to address law enforcement and public interest groups' concerns by providing a way to identify drones and their operators. The rule sets three categories of drones with corresponding broadcast and equipage requirements: (i) standard remote ID, UAs with built-in remote ID technology, subject to no additional operational restrictions; (ii) UAs with separate remote ID modules affixed to the aircraft, which must be flown within visual line of sight of the operator; and (iii) drones without remote ID technology, which must be