Proposed BVLOS rules promote commercial drone activity

The FAA has proposed rules to streamline approvals, ensure safety and support the growth of drone activity for commercial uses. The DOT, FAA, Department of Homeland Security and TSA today released the proposal to enable routine beyond visual line of sight (BVLOS) operations for uncrewed aircraft systems (UAS) in the commercial and public safety sectors. [caption id="attachment_57147094" align="aligncenter" width="1920"] (Courtesy/DroneUp)[/caption] This follows U.S. President Donald Trump’s June 6 order, “Unleashing American drone dominance,” that required the secretary of transportation and the FAA administrator to propose a BVLOS rule. Under the plan, drones flying at or below 400 feet and weighing no more than 1,320 pounds with cargo would be eligible for BVLOS permits. Operators would also be allowed to fly drones above people, with different regulations depending on crowd density. They would not be allowed to fly above large gatherings, such as concerts, sporting events or crowded parks. Streamlining approval Operators currently must receive individual waivers or exemptions for BVLOS operations, which are approved on a case-by-case basis. Only seven operators have Part 135 air carrier certification with BVLOS operations approved: Amazon ; Causey Aviation ; Dexa ; DroneUp ; UPS ; Wing ; and Zipline . The FAA proposal aims to make the approval process less cumbersome by offering two types of authorizations for BVLOS operations, depending on scope: Lower-risk operations that have limited fleet size, weight and operational scope would require an FAA permit, which can be issued “promptly,” according to the FAA. Permitted operations include package delivery, agricultural, aerial surveying, civic interest, uncrewed aircraft operations training, flight testing, demonstrations and recreational operations. Higher-risk operations due to increased aircraft size, weight, speed or fleet size would require an operating certificate. The FAA would conduct thorough reviews of the proposed operations, provide more oversight of the operator and operations, and require operators to develop a safety management system and training program. “By eliminating these requirements for BVLOS operations, the proposal will significantly expand the use-case for drone technologies in areas like manufacturing, farming, energy production, filmmaking, and the movement of products including lifesaving medications,” the FAA said in a release today. Read more about BVLOS regulations here. Safety protocols The FAA proposal also mandates certain safety protocols, including requiring operators to: Ensure communications coverage and procedures in case communication with a drone is lost; Identify and mitigate hazards; Be familiar with airspace and flight restrictions along their intended flight path; Use detect-and-avoid technologies to prevent collisions with cooperating aircraft; and Broadcast their position using ADS-B, an aircraft positioning surveillance technology. Drones would not be permitted to interfere with operations and traffic patterns at airports, heliports, seaplane bases, space launch and reentry sites, or facilities where eVTOL aircraft take off or land, according to the plan. Operators would also be required to use automated data service providers (ADSP), which provide services to keep BVLOS drones away from one another and crewed aircraft. The FAA would approve and regulate these ADSPs. Drones operated under Part 108 would be required to have lighting and to broadcast their remote ID. Next steps Now that the FAA proposal has been released, it will be published in the Federal Register. The public will have sixty days after publication to provide comment. From there, it will be placed on the DOT’s public docket. The document can still be altered through this process. However, if alterations are made that do not pass the logical outgrowth test — changes that could not have been reasonably anticipated by the public — the DOT must make a new notice of the rule and reopen public comment. From there, a final rule will be written and published. The final rule can be enacted thirty days after publication. “From drones delivering medicine to unmanned aircraft surveying crops, this technology will fundamentally change the way we interact with the world,” U.S. Secretary of Transportation Sean Duffy said in today’s release. “Our new rule will reform outdated regulations that were holding innovators back while also enhancing safety in our skies.” FAA Administrator Bryan Bedford said in the release, “Normalizing BVLOS flights is key to realizing drones’ societal and economic benefits.” Cargo Facts Symposium, the quintessential event for stakeholders and key leaders in the global freighter and air cargo industries, will take place Oct. 22-24 at the Grand Hyatt in Nashville . Learn more and register today to take advantage of the early-bird rate before Sept. 5.

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