With the FAA planning to issue a Notice of Proposed Rulemaking (NPRM) later this year for small UASs, 55 pounds and below, if you manufacture, operate or use UASs, or want to do any of these things, now is the time to reach out to the FAA.  They’re looking for assistance from the industry.

The FAA is, because of the highly regulated nature of aviation, an experienced issuer of rules.  However, the entire universe upon which we have embarked, that of UASs, is truly a new frontier and the task confronting the FAA is formidable.  They undoubtedly want to get it right the first time.  Under applicable legal principles, the reality is that they really only get one chance to get it right.  Moreover, contrary to what you may think, it’s not really the final rule, which counts, but rather it’s the proposed rule.  So right now, before there is a proposed rule to be commented upon, is the time to get your concerns, thoughts and ideas to the FAA so they can consider them as they draft the proposed rule and before they put it out for comment.

The reason to do this is that an “agency’s proposed rule and its final rule [may] differ insofar as the latter is a “logical outgrowth” of the former.”  An excellent discussion of this legal principle, is found in an article just written by Larry Ebner, one of my partners.  DC Circuit Shuts Down Another Federal Regulatory “Switcheroo”.

What this means is that with the exception of some fine tuning, the final UAS rule the FAA adopts is going to look an awful lot like the proposed rule.  In fact, it has to do so to withstand judicial scrutiny.

The FAA is faced with a monumental task.  Irrespective of whatever the ultimate timing is regarding the issuance of rules, UASs are here to stay.  Right now is the time for anyone interested in being in the UAS business to affect what that business looks like by initiating dealings with the FAA before there’s a proposed rule.

Get a seat at the table now or get left out!