Sorry for the Delay: How FAA Regulations in the U.S. are Stifling Innovation and Hindering the Growth of a Promising New Industry Based on Delivery Drones

Authors

Mason Sarver, Southern Methodist University, Dedman School of LawFollow

Abstract

From the creation of the transistor radio to robots powered by artificial intelligence, the rapid pace of technological advancements in a multitude of industries has ushered in an innumerable amount of economic, environmental, and social benefits that have collectively produced positive effects around the world. However, in addition to benefits, these rapid advancements in technology have created a particular problem affecting many industries in the United States—antiquated regulations that were promulgated for a particular industry become inefficient and impractical due to rapid technological advancements within that industry. The delivery drone industry, a blossoming new sector of air commerce that has grown exponentially in the past decade, has become the latest victim of regulatory stagnation. The Federal Aviation Administration (FAA) currently regulates commercial delivery drone operations in the U.S. by issuing highly restrictive Part 135 certifications that attach a variety of operating limitations to companies’ delivery drones, such as restricting the traveling distance and airspace location. If companies want to conduct any drone deliveries that fall outside of the strict limitations set by Part 135 certifications, which is the only way to expand their operations to an appropriate commercial scale, those companies must receive exemptions and waivers from the FAA. However, the FAA grants these crucial exemptions and waivers on a case-by-case basis with standards and limitations that vary drastically from company to company. As a result, the FAA has created an unpredictable regulatory minefield that has hindered the expansion of delivery drone operations in the U.S., thus deterring innovation within the drone industry as a whole. Rather than accepting regulatory standards that inhibit the growth of an entire industry, the FAA should adopt a streamlined, standardized certification and approval process for delivery drones that efficiently facilitates the advancement of commercial delivery drone operations in the U.S.

This Comment examines the various issues plaguing the current regulatory framework for commercial drone delivery services within the U.S. and seeks to provide a possible solution to these obstructionist regulatory standards through the adoption of a streamlined regulatory scheme for commercial delivery drones. To conduct a full analysis on this topic, this Comment first examines the historical development of the FAA’s current regulations governing commercial drone delivery services, addresses how the current case-by-case exemption process established by the current regulatory regime places an illogical hindrance on the growth of a blossoming industry, and highlights other specific problems plaguing the current regulatory process, echoed by the outcries of various drone industry stakeholders. Additionally, as an alternative solution to the current piecemeal regulatory regime, this Comment argues that Congress, and subsequently the FAA, should adopt the Increasing Competitiveness for American Drones Act of 2023 (American Drones Act) that creates a comprehensive, streamlined regulatory framework for drone delivery services. Finally, this Comment explains how the adoption of the American Drones Act would produce various economic, environmental, and social benefits for millions of individuals across the U.S.—such as the ability to efficiently scale BVLOS drone operations, emissions reduction, and increased consumer access to healthy foods and vital medicines.

Recommended Citation

Mason Sarver, Sorry for the Delay: How FAA Regulations in the U.S. are Stifling Innovation and Hindering the Growth of a Promising New Industry Based on Delivery Drones, 89 J. Air L. & Com. 537 (2024)