U.S. Federal Government Bans Sale of New Foreign-Made Drones

Drone hovering over BNSF Intermodal Terminal (photo courtesy BNSF)

WASHINGTON, D.C. –– The U.S. Federal Communications Commission issued a notice this week banning the sale of new foreign-made drones, also referred to as unmanned aerial systems (UAS).

This is a significant setback to the use of drones for inspection purposes in the railroad industry. The only exception is those who are operating previously approved drones (not like the more sophisticated ones used today) or those who already own drones, can continue to use them. Only the sale of new foreign-made drones has been banned.

In a statement, the FCC this week said that ” . . . following a thorough review by an Executive Branch interagency body with appropriate national security expertise that was convened by the White House, the FCC received a specific determination that UAS and UAS critical component parts that are produced in foreign countries pose “unacceptable risks to the national security of the United States and to the
safety and security of U.S. persons” and should be included on the FCC’s Covered List, unless
the Department of War or the Department of Homeland Security makes a specific determination
to the FCC that a given UAS, class of UAS, or UAS critical component does not pose such
risks. The determination includes the equipment and services listed in Section 1709 of the FY25
National Defense Authorization Act.“

While researching another topic last week, RT&S spoke with the engineering team at a Class I railroad about how drones equipped with LIDAR are very useful in determining the extent of damage and repairs needed for rail infrastructure after, say, a natural disaster.

Two leading Chinese manufacturers of drones, DJI and Autel Robotics, together provide a significant number to police, firefighters, and other U.S. public safety agencies, according to the Washington Post. Drones are also widely used by various other groups, such as railroad enthusiasts and nature photographers.

The FCC statement this week summarizes the rules at the end of its press release:

• New devices on the Covered List, such as foreign-made drones, are prohibited from
  receiving FCC authorization and are therefore prohibited from being imported for use or
  sale in the U.S. This update to the Covered List does not prohibit the import, sale, or
  use of any existing device models the FCC previously authorized.
• This action does not affect any previously-purchased drone. Consumers can
  continue to use any drone they have already lawfully purchased or acquired.