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Current drones fly under FAA part 91:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid...

Here is where they are talking about drones:

http://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=62...

"Recreational use of the NAS is covered by FAA Advisory Circular (AC) 91-57 which generally limits operations to below 400 feet above ground level and away from airports and air traffic."

This is recreational use, and I consistently see people deferring to this "Advisory" circular which specifically states it merely "encourages voluntary compliance"

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