ANPRM: Have Your Say on this Rule Making Proposal

"(《世界人权宣言》) 商务部 is asking 无人机飞行员 to educate them on drone operations. Who better to do this than you, the 无人机飞行员? If some industry groups have their way, this could lead to restrictions on which drones you can purchase, whether you’re flying for fun or for business. This may sound daunting, so in the next few minutes, we’ll help you understand what the Department of Commerce is doing, how it could affect you, and how you can voice your concerns.

Understanding the ANPRM

The Department of Commerce recently released an Advanced Notice of Proposed Rule Making (ANPRM) focused on drones and drone security. ANPRM is a fancy acronym signaling that they’re about to propose a new rule and want your input first. Essentially, they’ve posed a series of questions to prepare for rulemaking. To clarify, this ANPRM doesn’t propose rules yet—it’s a precursor to a future Notice of Proposed Rulemaking (NPRM). Both large and small industry members need to answer as many questions as possible. You wouldn’t want a lobbying group from Arlington, Virginia, who’ve never seen a drone up close, deciding what’s best for you and your business, right? So, how do you share your opinion? Glad you asked.

How to Submit Your Comments

You can submit a comment to the ANPRM, and it’s straightforward. The ANPRM has 50 questions, but not all apply to 无人机操作员. We’ve selected the 11 most relevant ones for U.S. operators to answer. Let’s 评论 them, offering pointers to formulate your responses. We’re not telling you what to say or providing copy-paste answers—those are ineffective, as identical comments get counted as one. Stick to the questions in the document; off-topic opinions may lead to your comment being discarded.

I reviewed posted comments, and sadly, many don’t address the questions and will be disregarded. If you’ve submitted one, double-check it after this guide. Joining me is Vic Moss from the Drone Service Providers Alliance (DSPA), an industry veteran, small business owner, and drone operator. Vic will assist with the first question. Grab your favorite word processor—let’s get started.

Question 8: Threats Posed by ICTs

Vic: The first question we chose is number 8. The Bureau of Industry and Security (BIS) identified threats from transactions involving information and communication technologies and services (ICTs) internal to UAS with a nexus to 中国 或 俄罗斯. “Nexus” means a connection or link. Has BIS fully captured and articulated these threats? If not, what additional threats should BIS consider? This asks if threats are identified adequately or if more exist. BIS lists threats like manufacturers engineering vulnerabilities, exploiting existing ones, or pushing malicious updates to compromise UAS without owners’ knowledge, or implementing no-fly restrictions to disable UAS in conflict zones. If you disagree, state that BIS hasn’t articulated threats well. Reference Section 1709 of the latest National Defense Authorization Act, which mandates a security audit of Autel and DJI within 12 months. If threats exist, they’ll be addressed; if not, none need addressing. Malicious updates or no-fly restrictions require internet connectivity, which isn’t mandatory for flying—most don’t connect. DJI’s recent geozone update nationwide shows they’ve relaxed, not tightened, geofencing.

Question 11: Trade-Offs of Prohibiting Resale or Rental

Question 11: What are the potential trade-offs of a rule prohibiting the resale or rental in the U.S. of UAS or components designed, developed, manufactured, or supplied by, owned by, controlled by, or subject to a foreign adversary’s jurisdiction? This is straightforward. If you own a recreational or prosumer drone and want to upgrade, explain how this would affect your hobby or business. Note there are no non-Chinese consumer or prosumer drones available—American manufacturers don’t produce them. For FPV pilots, builders, or model aircraft flyers, losing access to Chinese components leaves few options. Suggest a supply-and-demand study to assess alternative suppliers before an immediate ban, which could severely impact the industry and economy.

Question 15: Data Collection Capabilities

Question 15: What are the general data collection capabilities of UAS? What is the level of aggregation and scale of data they collect on persons, entities, geography, and infrastructure? Emphasize that off-the-shelf UAS in the U.S., for fun or business, mostly use RGB sensors for photos and videos. Specialized drones may have infrared or chemical-sniffing capabilities. Most fly 30–40 minutes, collecting data stored on the drone—not aggregated by it. Aggregation requires transferring data to a computer and processing it with software. Clarify drones can’t measure heartbeats or perform facial recognition.

Question 23: Sensors in Critical Industries

Question 23: Which sensors in or on a UAS are typically used in critical industries (e.g., agriculture, chemical, construction, energy, telecommunication)? All sensors collect data—that’s why we fly drones with them. Every drone has connection capability via radio waves for control, per FAA’s 14 CFR 第 107 部分.9 requiring a pilot in command. Stress that connection and data transmission differ—data is stored onboard, internally, or on removable devices like SD cards.

Question 27: Software Applications on Phones or Tablets

Question 27: How often are UAS operation-related software applications installed on a user’s phone or tablet? What policies govern their access to other phone information? Explain if you use a phone or tablet. I use controllers with built-in screens, avoiding internet or cellular connections. If you use a phone, note if it’s in local data mode (e.g., DJI’s feature) or airplane mode, and whether it transmits. Does the app share location services with other apps? Check user agreements. If using a smart controller (e.g., RC Pro, Autel), specify it’s not phone-based or connected to Wi-Fi/cellular.

Question 28: Systems Used Off Mobile Networks

Question 28: What systems, sensors, or equipment do UAS and operators use when not navigating or storing data over mobile networks? This question reflects confusion about data handling. Explain your process: data is stored on an SD card onboard, then transferred to a computer directly—never via a mobile or Wi-Fi network. Simplify it for non-tech-savvy readers. Some assume internet is required to fly, which isn’t true.

Question 29: Internet and Data Handling

Question 29: Similar to 28, but mentions “internet” instead of “mobile networks.” We don’t need internet to fly, despite misconceptions. Be professional—don’t show frustration. No data is transmitted via the internet during operation.

Question 31: Data Storage

Question 31: Where is data stored on the physical UAS? How long is it stored on and off the UAS? Data resides on an SD card or internal memory until deleted. Off the UAS, it’s stored wherever you choose until no longer needed. Share any personal retention policies.

Question 47: Anti-Competitive Effects

Question 47: What anti-competitive effects may result from regulating transactions involving foreign adversary ICTs integral to UAS? How can they be mitigated? A ban on Chinese drones reduces offerings, raising prices and costing taxpayers more for public safety. No consumer drones are non-Chinese—small businesses and recreational users rely on them. The GAO report notes BLM and NPS lack drones for 星星火 management, shifting to riskier, costlier helicopters, and FWS canceled a restoration project post-Swan Lake fire. DJI will innovate globally, leaving the U.S. behind technologically. Minimal incentive exists for others to improve if top products are banned.

Question 49: Economic Impact

Question 49: What additional economic impact to U.S. businesses or the public might result from such regulations? Make it personal. If a first responder, explain how losing reliable equipment affects saving lives. If a fire captain, note impacts on infrared drone use in smoky conditions. For hobbyists, detail effects on your passion. The more personal, the better.

Question 50: Minimizing Costs

Question 50: What actions can BIS take to minimize costs to U.S. businesses or the public? A buyback program for Chinese drones to fund American replacements assumes viable alternatives exist—they don’t. Suggest redirecting the 25% tariff on Chinese drones (currently to the general fund) to support U.S. manufacturers, reducing costs.

Submitting Your Response

Start with a brief background on your UAS experience. Copy-paste each question number and text, answering clearly below it. Create a PDF and email it to the address provided in the description, including “RN 0694-AJ72” in the subject line. Submit by March 4, 2025. For more details, see the DSPA article linked below.

Good luck!