Several news outlets have reported that recently published rules from the FAA signal an intent to shut down Amazon’s planned drone delivery service. That’s not accurate.

What the FAA has done here is to submit proposed rules on the definition of model aircraft for public comment. It doesn’t take a careful reading to discern that the FAA wants to implement regulations that would effectively cure some of the deficiencies found by the administrative law judge in the Raphael Pirker decision. In particular, that judge found no enforceable basis for distinguishing between persons who operate model aircraft for pleasure and those who do so for commercial gain.

One of the definitions proposed by the FAA would allow a hobbyist to use a model aircraft to move a box from point A to point B, but not allow someone to do so for a fee. Some saw that as a shot across Amazon’s propwash. But it seems unlikely that Amazon’s PrimeAir system would have qualified as a model aircraft system anyway because, based on available reports, it would operate beyond line of sight.

The more interesting proposed definition from the FAA would prevent model aircraft operators from using point of view goggles, not even with a spotter assisting with identification of other nearby aircraft. By doing so, the FAA has expressed its determination that line of sight must mean the ability to keep the aircraft in view at all times from the point of operation. In addition to hurting a lot of hobbyists who use this technology to fly their drones, this rule would prevent businesses from using it to operate over the horizon while still claiming to fall within the model aircraft exception.

We think of this more as battle space preparation for what the FAA proposes for rules governing over the horizon unmanned aircraft systems. We expect that to be very interesting, when it comes.