Emerging Technologies and Enforcement Problems: The Federal Aviation Administration and Drones as a Case Study

Abstract

This article addresses the role of nonenforcement through examples of how regulators have succeeded (and not) in managing the exponential increase in commercial ownership and use of “smart,” autonomous, and optionally piloted flying devices. In doing so, this article appraises UAS regulatory efforts by the FAA against recommendations adopted by the Administrative Conference of the United States (“ACUS”) to improve the efficiency, adequacy, and fairness of administrative procedures generally. These recommendations include using plain language in regulatory drafting, refraining from implementing binding standards through policy statements, learning from regulatory experience, and employing transparent procedures for approvals of waivers and exemptions.

Keywords: Drones, Unmanned Aerial Vehicles, UAV, UAS, Enforcement

JEL Classification: K00, K1, K19, K2, K23, K39, Z38