FCC Establishes New Exemption for Toy Drones and Defines Low-Risk UAS Category

FCC Removes Certain Toy Drones from Covered List

The Federal Communications Commission (FCC) has revised its Covered List to exclude a specific category of foreign-produced “Toy Drones” and “Toy Drones that contain foreign-produced components.” This decision follows a National Security Determination issued by the Department of War (DoW) on June 12, 2026, which concluded that these devices do not pose an unacceptable risk to U.S. national security or the safety of U.S. persons.

Details of the FCC’s Update

The FCC’s Public Safety and Homeland Security Bureau announced this change in Public Notice DA 26-588. This action follows a December 2025 decision that added all foreign-produced uncrewed aircraft systems (UAS) and critical components to the FCC Covered List. At that time, the FCC indicated it would update the list based on specific determinations from the DoW or the Department of Homeland Security regarding the risk levels of certain UAS.

The June determination provides a finding for a narrowly defined category of toy drones. According to the DoW, “The core of this determination rests on a clear distinction between unsophisticated, low-risk toys that are not capable of operating efficiently in U.S. airspace and more capable UAS.” The determination further states that toy drones lack capabilities in areas such as range, endurance, sensing, payload, connectivity, and data collection that could pose a risk to national security.

Criteria for Toy Drones

The exemption applies only to devices that meet the specific requirements established by the DoW. A qualifying toy drone must:

• Weigh 150 grams or less.
• Operate only within visual line of sight and within 100 meters.
• Remain below 300 feet altitude.
• Lack GPS, GNSS, return-to-home functions, waypoint missions, and subject tracking.
• Have no internet, mobile app, Wi-Fi, cellular, or network connectivity.
• Have no imaging or sensing capabilities, including cameras, microphones, video transmission, recording functions, or surveillance-related sensors.
• Have a maximum flight time of 10 minutes.
• Have a maximum horizontal speed of 10 meters per second.
• Be explicitly marketed as a toy for recreational use.
• Have no modular payload capability.
• Use no brushless motors.

Additionally, qualifying devices cannot be produced by entities identified in Section 1709 of the Fiscal Year 2025 National Defense Authorization Act, which includes companies such as DJI and Autel.

Context of the FCC’s Decision

This action is part of a broader set of exemptions that have emerged since foreign-produced UAS were added to the Covered List in December 2025. The current Covered List identifies four categories of foreign-produced UAS that are exempt from Covered List treatment:

1. UAS and UAS critical components included on the Blue UAS Cleared List.
2. UAS and UAS critical components that qualify as domestic end products under the Buy American Standard.
3. Devices that have received Conditional Approval from the Department of War or the Department of Homeland Security.
4. Foreign-produced toy drones that meet the newly established definition.

The FCC’s updated Covered List incorporates all four categories, reflecting a growing framework of exemptions.

Implications of the New Exemption

While the immediate impact of this decision may be limited to a small number of products, it provides insight into how federal officials assess drone-related risks. The DoW’s rationale emphasizes specific technical capabilities rather than merely categorizing products as drones. The determination highlights factors such as connectivity, sensing, data collection, payload capability, endurance, and autonomous functionality as distinguishing characteristics between more capable UAS and what are described as “unsophisticated, low-risk toys.”

This new exemption not only removes a narrow class of products from the Covered List but also establishes a public framework outlining the features that federal officials consider when differentiating low-risk recreational toys from more advanced drone systems that require closer scrutiny regarding national security.