Industry Challenge
The UAS industry is maturing, conducting more sophisticated and expansive operations, but currently relies on a web of waivers and exemptions to conduct beyond line of sight and other operations. The long overdue NPRM will establish a more consistent regulatory framework for these operations.
NBAA Response
NBAA will review the notice of proposed rulemaking, providing a detailed analysis to members and coordinating member comments to the FAA.
Unmanned Aircraft System (UAS) operators and other industry representatives recently celebrated the anxiously awaited notice of proposed rulemaking (NPRM), Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight (BVLOS) Operations. The proposed rule has been issued by both the FAA and the TSA.
The proposed Part 108: Operations of Unmanned Aircraft Systems Beyond Visual Line of Sight will allow certain low-altitude UAS operations to operate BVLOS without waivers or exemptions. The NPRM includes operating rules for UAS package delivery, agriculture, surveying, public safety and flight testing for compensation or hire.
The FAA’s proposed Part 108 creates a framework covering general operating rules and personnel responsibilities. It also establishes two operating authorization types: operating permits, intended for smaller, lower-risk operations; and operating certificates, required for complex operations, operations with larger aircraft or operations over people.
Part 108 also defines a regulatory approval pathway for third-party services to include UAS Traffic Management (UTM) service suppliers. However, use of a third-party UTM service supplier is not mandated – operators are permitted to provide their own automated data services by following the same regulatory approval pathway.
Meanwhile, the TSA proposed complementary changes to its regulations to impose security measures on these operations, particularly package delivery operations. These include security threat assessments for certain persons engaged in BVLOS operations.
“The NPRM is imperative to having a firm stake in the ground and giving manufacturers and operators operational consistency.”
Heidi Williams NBAA Vice President of Air Traffic Services and Infrastructure
“The long-awaited proposed BVLOS rule is a crucial next step in advancing safe, efficient UAS operations in the National Airspace System and gives UAS operators confidence in developing future business and operational plans,” said Heidi Williams, NBAA’s vice president of air traffic services and infrastructure. “The NPRM is imperative to having a firm stake in the ground and giving manufacturers and operators operational consistency. Managing the implementation of new technology by waiver and exemption is sometimes necessary in nascent industries, but is never a long-term solution.”
The NPRM, years in the making, comes after the 2021 UAS BVLOS Aviation Rulemaking Committee (ARC) addressing BVLOS operations. It’s based in part on the March 2022 ARC final report provided to the FAA, which included more than 70 recommendations.
The NPRM follows recent presidential actions, including executive orders regarding drones.
“A regulatory framework for BVLOS operations is not only necessary for the phase of commercial maturation, but is essential to safe integration of advanced UAS operations in the National Airspace System,” said Williams. “NBAA is analyzing the proposed rule and coordinating detailed comments with member companies.”
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