Executive Order Trumps Drone Rule Comment Extension Request

The FAA has denied requests to extend the comment period for the Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations Notice of Proposed Rulemaking (NPRM) because it would cause the agency to miss a deadline imposed by President Donald Trump. On June 6, Trump signed an executive order giving the FAA 240 days to get rules on the books governing the integration of drones into the National Airspace System. Executive Order 14307, Unleashing American Drone Dominance, put the rulemaking process into high gear.

“Meeting that deadline will require extraordinary measures that do not make it practicable to extend the comment period,” the agency said in turning down two requests for an extension, one from an individual and another from a balloon company. While the FAA and TSA recognize the importance of the proposed rule, the agencies find the 60-day comment period provides ample opportunity for commenters to submit complete and thoughtful comments. The comment period ends Oct. 6 and the FAA then has about four months to go through the comments and craft the final form of the rulemaking.

As we reported earlier, the NPRM is controversial in that it gives right of way to drones in cases where crewed aircraft not equipped with ADS-B are operating below 400 feet AGL. Some aircraft do not have the electrical systems needed to operate approved ADS-B equipment so will not be able to meet the mandate. uAvionix is proposing the FAA approve portable ADS-B transmitters to ensure those flying without installed gear can be seen by drones, which rely on ADS-B signals to avoid other traffic. The company has asked for public support in highlighting its proposal in the comments.

Russ Niles
Russ Niles
Russ Niles is Editor-in-Chief of AvBrief.com. He has been a pilot for 30 years and an aviation journalist since 2003. He and his wife Marni live in southern British Columbia where they also operate a small winery.

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Jason J. Baker
Jason J. Baker
3 months ago

Great haste makes great waste!

Joe
Joe
3 months ago

They refused to extend it because they have already made up their minds. They go through this process only because they must.

Steve K
Steve K
3 months ago

And, those that stand up to Dear Leader do so at their own peril.

AndyS
AndyS
Reply to  Steve K
3 months ago

At this point lefties just want to burn everything down rather than have anything pass.
Petty children.

LetMeFly17
LetMeFly17
Reply to  AndyS
3 months ago

There are righties who feel the same way about our dear leader (no caps intentional).

Aviatrexx
Aviatrexx
3 months ago

It the card game of contract bridge, the side that won the contract gets to declare the suit of cards that is the “trump suit”. From that point on, a card of any other suit will lose to any card in the trump suit. Fortunately, after thirteen rounds are played, the cards are shuffled and dealt, and bidding for a new contract ensues. Let us all hope that we get a chance to declare a different trump suit soon.

Daniel Lyon
Daniel Lyon
Reply to  Aviatrexx
3 months ago

Well said. Three cards, no Trump.

bobd
bobd
3 months ago

The FAA has sufficient discretion to extend the comment period and the regulation publication date. Executive Order 14307 states that “A final rule shall be published within 240 days of the date of this order, AS APPROPRIATE [emphasis added].” Further it states that “Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof.”
FAA Administrator Bedford has a legal choice whether to extend the comment period. He instead has chosen to hide behind the Executive Order as if there were a hard deadline. There is not.

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