Drone Regulations in the United States: A Complete Guide

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Drone Regulations in the United States: A Complete Guide

Drones and unmanned aircraft systems imported or manufactured in the United States are subject to various regulations and standards. In this guide, we take a closer look at regulations specific to drones and requirements applicable to components such as lithium batteries.

Note: This guide primarily focuses on product requirements, not operational requirements or requirements for pilots. However, we do mention operational requirements in the section concerning “Other rules”, as we thought it was important to at least mention geofencing requirements, and put them into the context of other airspace restrictions.


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14 CFR Part 107 – Small Unmanned Aircraft Systems

14 CFR Part 107 sets regulatory requirements for small unmanned aircraft systems (UAS). It defines small UAS as:


a small unmanned aircraft and its associated elements (including communication links and the components that control the small unmanned aircraft) that are required for the safe and efficient operation of the small unmanned aircraft in the national airspace system.”


It also explains that a small unmanned aircraft should, on takeoff, weigh less than 55 pounds.

The regulation requires you to ensure compliance with:

  • Requirements regarding specific categories of UAS usage
  • UAS certification requirements
  • Declaration of compliance requirements
  • Labeling requirements

Most of Part 107 covers requirements regarding operations and pilots, which are not covered by this guide. Subpart D to Part 107, however, contains some requirements for the unmanned aircraft systems, such as documentation and labeling.

Categories

14 CFR Part 107 Subpart D lists the following four categories of operations of UAS over human beings, and their respective requirements. Here we provide an example of requirements for each category:

a. Category 1 operations – The UAS should not weigh more than 0.55 lbs, and not have exposed rotating parts

b. Category 2 operations – The UAS should be accepted by the Federal Aviation Administration (FAA) and bear a label stating its eligibility for category 2 operations

c. Category 3 operations – The UAS should be accepted by the FFA and bear a label stating its eligibility for category 2 operations

d. Category 4 operations – The UAS should be accompanied by an airworthiness certificate and be subject to maintenance requirements.

Certification

The certification requirements under 14 CFR Part 107 only apply if you operate your UAS over human beings. You can find the requirements in 14 CFR Part 21 – Certification Procedures for Products and Articles.

Declaration of compliance

14 CFR Part 107 requires an applicant to submit a declaration of compliance to the FAA regarding small unmanned aircraft used for Category 2 or Category 3 operations.

The declaration should contain the information listed in 14 CFR Part 107.160(a):

a. Applicant name, address, and email address

b. Model name and series, as applicable

c. Range of serial numbers subject to the declaration of compliance

d. Information on whether the declaration is “initial” or “amended”

e. Means of compliance used to fulfill requirements listed under 107.120(a) (Category 2) or 107.130(a) (Category 3), or both

f. A declaration that the product is compliant with the requirements and that the applicant allows the authorities to inspect facilities, technical data and tests

g. Other information, as required.

Labeling

Each small unmanned aircraft that is qualified to conduct operation over humans of category 2 or 3 should bear a label that identify the relevant category (“Category 2” or “Category 3” label). The remote pilot in command of drones should ensure that their drones carry the label for the whole duration of the operation.

14 CFR Part 89 – Remote Identification of Unmanned Aircraft

14 CFR Part 89 establishes requirements for the remote identification of unmanned aircraft. This section only lists the requirements for products, not requirements for operations or pilots.

According to 14 CFR Part 89.105, you cannot operate unmanned aircraft within United States airspace unless you comply with the requirements for either standard remote identification or alternative remote identification:

a. Standard remote identification requires drones to broadcast identification and location data during flight. The requirements include:

  • Serial number
  • Performance requirements
  • Minimum message elements
  • Broadcast module requirements
  • Certificate of aircraft registration, as set in 14 CFR Part 48

b. Alternative remote identification requires drones to meet identification requirements without broadcasting real-time location data:

  • Serial number
  • Certificate of aircraft registration

14 CFR Part 48 – Registration and Marking Requirements for Small Unmanned Aircraft

14 CFR Part 48 sets registration and marking requirements for small unmanned aircraft that:

a. Are a part of a small unmanned aircraft system

b. Are eligible for registration in the United States

Note that additional requirements, including requirements for products that are meant to be operated outside of US airspace, can be found in 14 CFR Part 45 and 14 CFR Part 47.

Registration requirements

You can only operate a small unmanned aircraft that is eligible for registration if you fulfil one of the following criteria listed under 14 CFR Part 48.15:

a. You register and mark your aircraft per the requirements of 14 CFR Part 48, or

b. Your aircraft weighs a maximum of 0.55 lbs, and you comply with 49 U.S.C. 44809 requirements, or

c. The aircraft belongs to the United States Armed Forces.

Certificates of aircraft registration for small unmanned aircraft

According to Subpart B of 14 CFR Part 48, you should register your small unmanned aircraft before you receive a Certificate of aircraft registration. When you apply for the certificate, you should submit the following information to the FFA:

  • Your name
  • Your physical address
  • Your email address
  • Your phone number
  • The aircraft manufacturer and model name

Aircraft marking

Operators of registered small unmanned aircraft meant specifically for “limited recreational operations” as well as registered small unmanned aircraft intended solely for purposes “other than exclusively limited recreational operations” need to ensure their aircraft bears a unique identifier (meaning, registration number). The unique identifier needs to be:

  • Maintained in a legible condition
  • Permanently affixed to the small unmanned aircraft
  • Displayed on the outside of the small unmanned aircraft

Standards

You generally need to comply with standards if they are incorporated by reference into a regulation. However, even if standards are not incorporated by reference into any regulations, you need to ensure your product is safe.

As such, you should still comply with standards that cover drones and their batteries to ensure that your product is safe and operates as intended before selling it. Here are several examples of relevant standards. Note that other standards applicable to drones may exist.

Standard Description
UL 3030 – Unmanned Aircraft Systems This standard covers requirements regarding the electrical systems of UAS, where the aircraft in question weighs less than 55 lbs.

The requirements also cover requirements for the UAS’s battery and battery charger combinations.

ASTM F2910 – Standard Specification for Design and Construction of a Small Unmanned Aircraft System (sUAS) This standard sets design, construction, and test requirements for small UAS that:

  • Have a maximum takeoff gross weight of 55 lbs; and
  • Are permitted to operate in authorized airspace
ASTM F3298-24 – Standard Specification for Design and Construction of Lightweight Unmanned Aircraft Systems (UAS) This standard specifies airworthiness requirements for the design of lightweight and fixed-wing UAS permitted to operate in authorized airspace by a “Remote Pilot in Command”.
UL 1642 – Lithium Batteries This standard sets requirements for primary (non-rechargeable) and secondary (rechargeable) lithium batteries that can be replaced by either a technician or a user.

Technician-replaceable lithium batteries should contain up to 0.18 oz of metallic lithium.

User-replaceable lithium batteries should contain a maximum of 0.13 oz of metallic lithium.

UL 62133-2 – Secondary Cells and Batteries Containing Alkaline or Other Non-Acid Electrolytes – Safety Requirements for Portable Sealed Secondary Cells, and for Batteries Made from Them, for Use in Portable Applications – Part 2: Lithium Systems This standard sets requirements and tests for safely operating sealed and portable secondary lithium cells and batteries containing non-acid electrolyte.

US state laws for drones

According to the FAA’s State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet, local and state governments are not allowed to create laws or regulations that interfere with the FAA’s exclusive regulatory authority, for example, where aviation safety and efficient use of the airspace are concerned.

Note, however, that states may have regulations on other aviation-related matters, so long as those matters do not conflict with the FAA’s regulations.

Here are several examples of drone laws in the United States:

  • Arizona Senate Drone Bill 1449
  • California Assembly Bill No. 856
  • Florida’s Unmanned Aircraft Systems Act
  • Texas Government Code, Chapter 423 – Use of Unmanned Aircraft
  • Kansas Senate Bill SB 319
  • Nevada Assembly Bill No. 239

Other rules

The FAA provides information on its “No Drone Zone” and “Airspace Restrictions” webpages regarding where you are not allowed to operate a drone.

Airspace restrictions

Here are some examples of the FAA’s airspace restrictions:

a. Stadiums and sporting events – e.g., baseball, football, or racecar events

b. Near airports – drone operators require airspace authorization before operating drones near airports in controlled airspaces

c. Security sensitive airspace restrictions – e.g., military bases and national landmarks

d. Special use airspace – e.g,. movement of Very Important Persons

e. Washington, DC – the airspace above and around Washington, DC has prohibitions and restrictions:

  • Drone usage within a 15-mile radius is prohibited
  • Recreational drone usage within a 15-30-foot radius is permitted under 49 USC 44809 and NOTAM requirements
  • Non-recreational drone usage is permitted in the DC Special Flight Rules Area (SFRA) under compliance with Part 107

No Drone Zone

According to the FAA’s “No Drone Zone” page, a “No Drone Zone” is an area where operations of drones or unmanned aircraft systems are prohibited.

Here are some examples of No Drone Zone areas:

  • Restricted airspace
  • Local restrictions
  • Temporary Flight Restrictions (limit air travel for specific periods, such as during space launches)

The “No Drone Zone” signs vary between landowners and state/local/territorial/tribal government entities.

Geofencing

We could not find any specific geofencing laws, but according to ExtremeFliers.com, some major drone brands have been pushing for geofencing laws to be adopted.

Even if specific geofencing laws may not exist, you should still comply with No Drone Zone rules and other restrictions.

Lab testing

You should get your drones tested to ensure, for instance, that they comply with existing drone weight limits. While some regulations may require testing, for others, testing may be a practical necessity. If your drone passes lab testing, you receive a test report proving product compliance.

Regulation Lab testing
14 CFR Part 107 – Small Unmanned Aircraft Systems According to 14 CFR Part 107.155, small unmanned aircraft systems should undergo testing to ensure the product is safe and does not injure humans during use.

For example, drones in Categories 2 and 3 should neither have safety defects nor exposed rotating parts that can cut human skin upon impact.

14 CFR Part 89 – Remote Identification of Unmanned Aircraft 14 CFR Part 89 requires drone producers to conduct ground tests, flight tests, and validation procedures.
Standards Unmanned aircraft should undergo testing to ensure, for instance, that they and their batteries and chargers do not pose hazards such as fire, electrical shock, and explosions.

Batteries should undergo testing to ensure, for example:

  • Their safe operation
  • The reduction of the risk of explosion when used in a product

Drone testing companies

Here are some companies that claim they can test drones (or their batteries) against one or more of the standards listed in this guide:

  • UL Solutions
  • Intertek

Additional requirements

Here are several other regulatory requirements that may be relevant to drone operation and compliance in the United States.

Regulation Description
CPSIA Toy drones for children are subject to CPSIA requirements, such as:

  • Testing (e.g., for small parts)
  • Tracking label and warnings
  • Provision of a Children’s Product Certificate (CPC)
47 CFR Part 15 – Radio Frequency Devices Drones are generally intentional radiators because they include Wifi, GPS, or similar modules. As such, they should undergo the certification authorization procedure. They should also, for instance:

  • Comply with the relevant standards and technical requirements
  • Be accompanied by a technical report
  • Bear an FCC identifier
  • Carry a compliance statement
10 CFR Part 430 10 CFR Part 430 sets energy efficiency standards and test procedures for electrical products, such as power adapters.

However, we were unable to find requirements in this regulation that specifically cover drones.

10 CFR Part 429 10 CFR Part 429 covers certification procedures and requirements for products covered by 10 CFP Part 430.
RoHS RoHS laws enforced by some states in the US set substance restrictions for electronics, such as:

  • Lead < 0.1% by weight
  • Mercury < 0.1% by weight
  • Hexavalent Chromium < 0.1% by weight
  • Cadmium < 0.01% by weight
Hazardous Materials Regulations Drones may use lithium batteries or other batteries that are subject to the Hazardous Materials Regulations, which set testing, labeling, and other requirements.
19 CFR Part 134 – Country of Origin Marking Drones, like other products sold in the United States, need to comply with Country of Origin requirements.

For example, if the drone is made in China, it should carry a label that indicates that the product is “Made in China”.

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    Disclaimer: The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

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    Sources: Our articles are written in part based on publicly available information, and our own practical experience relating to product compliance. These are some of the primary sources we use:

    • European Commission - europa.eu
    • EUR-Lex - eur-lex.europa.eu
    • European Chemicals Agency - echa.europa.eu
    • eCFR - ecfr.gov
    • U.S. Consumer Product Safety Commission - cpsc.gov
    • U.S. Federal Trade Commission - ftc.gov
    • U.S. Federal Communications Commission - fcc.gov
    • GOV.UK
    • Legislation.gov.uk
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