Feds Scrap Drone Wind Gust Tests, OK 3-Hour Flyers
Published Date: 8/14/2026
Rule
Summary
The Bureau of Industry and Security (BIS) is easing export controls on certain Unmanned Aerial Vehicles (UAVs or drones) and related parts, components, accessories, attachments, technology, and software under the Export Administration Regulations (EAR). Specifically, this rule: eliminates wind gust tolerance as a parameter for determining UAV controls under the EAR; increases the threshold for national security controls on certain UAVs from an endurance of 30 minutes to an endurance of 3 hours; makes conforming changes to remove national security controls on software and technology associated with UAVs with an endurance less than 3 hours; maintains military end-use and end-user controls on those lower endurance drones and associated software and technology; clarifies Commerce Control List (CCL) controls for certain UAVs specially designed for military use; and removes national security controls on certain specially designed parts, components, accessories, and attachments for such UAVs as they do not provide any significant military or intelligence capabilities.
Analyzed Economic Effects
5 provisions identified: 3 benefits, 1 costs, 1 mixed.
Endurance Threshold Raised to 3 Hours
Drones with a maximum endurance of less than 3 hours are now controlled only for anti-terrorism (AT1) reasons under ECCN 9A012.a. BIS also removes national security (NS) reasons for control on related software and technology in ECCNs 9D001, 9D002, 9D004, and 9E001 for UAVs with endurance under 3 hours, allowing many civilian drones and associated software to be exported no license required (NLR) to most destinations.
Wind Gust Parameter Removed
The rule removes wind gust tolerance as a parameter for deciding whether a drone is controlled under ECCN 9A012.a. This change takes effect August 13, 2026 and narrows one technical test that previously could have triggered export controls.
Military End‑Use/End‑User Controls Maintained
Even though NS reasons were removed for many lower-endurance drones, the rule explicitly adds ECCNs 9A012, 9D001, 9D002, 9D004, and 9E001 to the list of items subject to the military end-use/end-user license requirement in supplement no. 2 to part 744. That means exports destined for prohibited military end uses or end users remain subject to military end-use/end-user licensing rules.
New Rules for Military‑Designed UAVs and STA Eligibility
BIS clarifies that UAVs 'specially designed' for military use may be classified under ECCN 9A610.a and adds less-sensitive specially designed parts for those UAVs at 9A610.y.33. For 9A610 UAVs, License Exception STA may be used for destinations in Country Group A:5 if the UAV cannot deliver a payload of at least 500 kg to a range of at least 300 km and the item has been made eligible for STA under Sec. 740.20(g).
Estimated Reduction of ~30 License Applications
BIS estimates the new controls will result in a decrease of 30 license applications submitted annually to BIS. This is an explicit estimate included in the final rule's analysis.
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Key Dates
Department and Agencies
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