At Martin Solutions LLC, we see these developments as crucial for the future of drone operations. The FAA's proposed changes are set to drive significant growth in areas such as drone delivery, agricultural monitoring, infrastructure inspection, and emergency response. Our team actively engages with these emerging opportunities, ensuring we are at the forefront of this rapidly evolving industry. As the landscape of Unmanned Aircraft Systems (UAS) continues to evolve, the Federal Aviation Administration (FAA) is taking steps to regulate and normalize Beyond Visual Line of Sight (BVLOS) operations. During the symposium in Baltimore, FAA experts outlined their considerations for Part 108, a proposed set of regulations to standardize these operations. This article delves into the key points discussed by FAA panelists, highlighting the framework, challenges, and future direction of BVLOS regulation.
THE NEED FOR BVLOS REGULATIONS
BVLOS operations represent the next frontier for UAS, offering potential applications in various industries, from package delivery to agricultural monitoring. However, the current regulatory framework, including Part 107, is limited to visual line-of-sight operations and lacks the robustness required to ensure safety and efficiency in BVLOS activities. The FAA's proposed Part 108 aims to address this gap by creating a scalable regulatory environment that accommodates the growing complexity and diversity of UAS operations.
KEY COMPONENTS OF THE PROPOSED PART 108
The FAA is considering a framework that shifts from individual operator certifications to a corporate oversight model. This shift acknowledges the diversity and complexity of UAS operations, where a one-size-fits-all approach is no longer viable. Instead, the FAA proposes a more tailored regulatory structure, focusing on the oversight of companies rather than individual pilots or operators.
1. OPERATIONAL PERMITS AND CERTIFICATES:
Under the proposed Part 108, operators could apply for an operational permit or a certificate, depending on the scale and nature of their operations. Permits would cater to smaller-scale operations with lighter regulatory requirements, while certificates would be required for more complex, large-scale operations involving heavier FAA oversight.
Permits would likely include more restrictive regulatory limitations, such as lower weight thresholds for unmanned aircraft, limited aircraft per operator, and smaller operational scopes. The benefit of this approach is that it could expedite the approval process, potentially reducing it from months or even years to just days. Conversely, certificated operations would involve more extensive FAA involvement, with dedicated certificate management teams working closely with operators to ensure compliance and safety.
A. INTRODUCTION OF NEW OPERATIONAL CATEGORIES:
The FAA is considering categorizing drone operations into eight distinct groups, with an additional "Other" category to accommodate emerging use cases. This structured approach will provide a clear framework for managing the operational risks associated with different drone activities. The categories under consideration include:
· Package delivery
· Agriculture
· Aerial Survey
· Demonstration
· Civic Interest
· Flight Testing
· Flight Training
· Recreational
· Other
These categories would allow for applying specific conditions, limitations, and regulatory requirements tailored to each type of operation.
2. AIRWORTHINESS AND PERFORMANCE-BASED STANDARDS
The proposed regulations will include performance-based airworthiness requirements tailored to BVLOS operations. The FAA works closely with industry stakeholders and standards organizations like ASTM and RTCA to develop these standards. The focus is on creating flexible guidelines that adapt to the rapidly evolving UAS technology landscape.
These performance-based rules aim to establish standards that address the varying types of UAS operations. The FAA recognizes that a one-size-fits-all approach is impractical, given the diversity of UAS applications. As a result, the agency is committed to developing standards that cater to specific operational needs while maintaining overall safety. This approach allows the industry to innovate and self-regulate within a framework that ensures public safety. The FAA encourages industry participation in developing consensus standards to support these performance-based rules. These standards will provide the guidance needed to comply with the regulations and ensure that UAS operations are safe and effective. The FAA acknowledges that these standards must evolve as technology advances and operational experience grows, making continuous engagement with industry stakeholders essential.
3. THIRD-PARTY SERVICES AND UTM INTEGRATION:
Integrating third-party service providers and UAS Traffic Management (UTM) systems is a significant aspect of the proposed rulemaking. These services will play a crucial role in mitigating airborne conflict risks and ensuring the safe integration of UAS into controlled airspace. The FAA is considering a regulatory framework to certify and authorize these third-party services, making them an integral part of the BVLOS operational ecosystem.
Under this framework, automated data service providers (ADSPs) and UAS service suppliers (USS) would be certified by the FAA to offer services that support BVLOS operations. These services could include strategic deconfliction, which helps prevent UAS from colliding with other aircraft, and supplemental data services, which provide operators with situational awareness and other critical information. The goal is to create a federated UTM system where multiple service providers work together to manage the airspace efficiently and safely.
The FAA is also exploring how these services can be tailored to specific operational environments. For example, operations in densely populated areas might require more sophisticated UTM services than those in rural areas. The agency is committed to developing a flexible framework that allows operators to choose the services that best meet their needs while ensuring that safety remains the top priority.
4. ACCESS TO CONTROLLED AIRSPACE:
Access to controlled airspace is essential for BVLOS operations to be viable. The FAA plans to manage this through authorizations that ensure UAS can operate safely alongside manned aircraft. The agency is also considering performance standards requiring enhanced situational awareness and electronic conspicuity in certain airspaces, especially those near airports.
Access to controlled airspace would be granted through FAA authorizations, which would be necessary for Class B, C, D, and certain E airspace operations. These authorizations would ensure that UAS operations do not interfere with manned aircraft, particularly in busy airport airspace. The FAA considers how UTM systems and other technologies can support these authorizations, providing real-time situational awareness and conflict management.
In addition to authorizations, the FAA is exploring the need for increased performance standards in controlled airspace. This could require UAS to be equipped with technologies that enhance their visibility to air traffic controllers and other aircraft, such as transponders or other forms of electronic conspicuity. The goal is to create an environment where UAS can operate safely and seamlessly within the broader air traffic system.
5. CORPORATE ACCOUNTABILITY AND TRAINING:
In a departure from traditional aviation regulation, the FAA proposes that companies, rather than individuals, be held accountable for the safety and compliance of BVLOS operations. This would involve operators developing training programs for flight coordinators and maintenance personnel tailored to their specific UAS platforms and operational needs.
This approach reflects the diversity of UAS operations and the need for flexibility in training and certification. Rather than imposing a uniform set of standards on all operators, the FAA is considering a model where each company is responsible for developing and implementing training programs that meet the specific needs of their operations. This could involve everything from basic operational training for flight coordinators to specialized maintenance training for technicians.
The proposed regulations would also shift the focus from individual certification to corporate accountability. Companies would be responsible for ensuring their personnel are properly trained and qualified to perform their duties. The FAA would oversee this process, ensuring that companies meet the necessary standards but allowing them the flexibility to design their training programs.
6. BVLOS ARC RECOMMENDATIONS AND THEIR ALIGNMENT WITH THE FAA'S PROPOSED PART 108
The FAA's Advisory Rulemaking Committee (ARC) made several key recommendations for shaping the regulation of BVLOS operations. These recommendations provide a foundation for the FAA's regulatory approach under Part 108. During the recent FAA Drone/AAM Symposium in Baltimore, the discussions and insights shared by the FAA panelists closely aligned with these ARC recommendations, indicating how the FAA is incorporating these guidelines into the proposed rulemaking.
A. RISK-BASED REGULATORY FRAMEWORK:
The ARC advocates for a risk-based approach to regulation, setting an acceptable level of risk (ALR) consistent across different UAS operations. This approach allows operators to meet safety requirements through various methods, offering flexibility while maintaining rigorous safety standards.
During the symposium, the FAA emphasized the importance of a safety continuum and discussed a shift towards a corporate oversight model, where companies would be responsible for managing operational risks. This aligns with the ARC's recommendation, suggesting that the FAA is moving towards a regulatory framework that allows companies to implement risk management strategies tailored to their specific operations.
B. ADOPTION OF AUTOMATED "SEE AND AVOID" TECHNOLOGIES:
The ARC has recommended modifying right-of-way rules to allow for automated "see and avoid" tools in low-altitude airspace, which would significantly enhance the safety of BVLOS operations by enabling drones to detect and avoid other aircraft autonomously. This recommendation is supported by the FAA's discussions at the symposium, where panelists emphasized using UTM systems for strategic deconfliction, particularly in low-altitude and densely populated areas. The FAA's focus on electronic conspicuity and the integration of situational awareness tools aligns directly with the ARC's vision, demonstrating a commitment to incorporating advanced technologies to improve the safety of BVLOS operations.
However, regarding Automatic Dependent Surveillance-Broadcast (ADS-B) drone technology, the FAA has imposed restrictions for several valid reasons, particularly small drones. These restrictions are primarily due to concerns about spectrum congestion and the potential for overwhelming the ADS-B system, which is crucial for manned aviation safety. While this caution is appropriate for most small drone operations, there are specific scenarios where using ADS-B out could significantly enhance safety.
For example, in operations like those conducted by Chevron in California's San Joaquin Valley, incorporating ADS-B technology could provide a critical boost to situational awareness and collision avoidance, thereby strengthening the overall safety case. This suggests that while the FAA's general restrictions on ADS-B use in small drones are justified, there may be cases where exceptions could be made to enhance operational safety in more complex environments.
C. DEVELOPMENT OF A BVLOS-SPECIFIC PILOT LICENSE:
The ARC suggests creating a new remote pilot certificate rating specifically for BVLOS operations, extending the existing Part 107 certification to cover the additional challenges of BVLOS flight.
While the symposium discussions did not explicitly mention a BVLOS-specific pilot license, the FAA's emphasis on corporate responsibility and the need for companies to develop specialized training programs hints at a broader, more flexible approach to certification. This could include internal training tailored to BVLOS operations, aligning with the ARC's recommendation for specialized operator qualifications.
D. CERTIFICATION OF BVLOS-READY DRONES:
The ARC calls for a clear certification process for drones used in BVLOS operations, focusing on drones with up to 800,000 ft-lb of kinetic energy.
The FAA's discussions on airworthiness and performance-based standards during the symposium reflect this recommendation. The FAA highlighted the importance of developing tailored airworthiness criteria for BVLOS operations, learning from past certification processes to ensure that drones used in these operations are reliable and safe. This aligns with the ARC's call for a certification process for BVLOS-capable drones.
The FAA appears to be utilizing the "Criteria for Making Determination" for 44807 exemptions, grounded in the durability and reliability testing methods previously employed during the type certification process. This criterion follows a functional, test-based approach, where flight test hours are calibrated based on population density, ranging from areas with no population to densely populated regions. As discussed at the symposium, the FAA's approach emphasizes performance-based standards and draws on lessons from earlier certification efforts, such as those involving durability and reliability.
Notably, this approach involves less direct involvement from the FAA's certification branch. Instead, the AFS (Flight Standards Service) and AEG (Aircraft Evaluation Group) teams play a more prominent role in overseeing these operations. This shift indicates a move towards a more streamlined and flexible regulatory process, where the expertise of the AFS and AEG teams is leveraged to ensure compliance and safety, allowing the certification branch to focus on broader riskier operations.
This approach aligns closely with Transport Canada's self-declaration process, where operators assume greater responsibility for certifying their operations meet regulatory standards. However, it differs from the European Union Aviation Safety Agency's (EASA) approach, which typically involves more direct regulatory oversight and a more structured certification process. The FAA's method reflects an adaptation to the evolving needs of the U.S. UAS industry, incorporating ongoing industry feedback and accommodating technological advancements rather than adhering to a rigid, predefined certification process, as seen in EASA's framework.
E. ENABLING THIRD-PARTY PARTICIPATION IN BVLOS OPERATIONS:
The ARC encourages the FAA to create a non-mandatory regulatory framework that allows third-party service providers, such as UTM services or data analysis tools, to support BVLOS operations.
The FAA panelists discussed the certification of third-party service providers and the potential requirement for UTM systems in certain BVLOS operations. This directly aligns with the ARC's recommendation, as the FAA recognizes the critical role that third-party services will play in enabling safe and efficient BVLOS operations. The symposium highlighted the FAA's commitment to integrating these services into the regulatory framework, ensuring they meet safety standards and provide valuable support to operators.
7. CHALLENGES AND INDUSTRY INVOLVEMENT
The proposed Part 108 regulations and the ARC recommendations represent a significant shift in how UAS operations are regulated, and the FAA is keen to engage with industry stakeholders throughout the process. The agency encourages participation in the standards development and seeks feedback once the Notice of Proposed Rulemaking (NPRM) is published.
Industry engagement is crucial in ensuring the final regulations are effective and practical. The FAA has emphasized the importance of industry data and insights in shaping the final rule, especially regarding the scalability and applicability of the proposed framework.
A. PREPARING FOR THE FUTURE OF BVLOS OPERATIONS
The ongoing developments in the FAA's proposed changes are poised to drive significant growth in drone delivery, agricultural monitoring, infrastructure inspection, and emergency response areas. Engaging with these emerging opportunities is crucial for staying at the forefront of this rapidly evolving industry.
B. Initiatives and Programs
Advanced Aerial Innovation Region (AAIR) in Detroit:
Detroit is making significant efforts to develop urban airspace infrastructure. This initiative positions Michigan as a leader in advanced aerial mobility by providing shared infrastructure and services that support safe and innovative commercial drone operations.
FlySafe Program:
The FlySafe Program is designed to help cities prepare for the growing drone economy. Through this program, local governments are supported in publishing airspace rules, optimizing drone routes, and ensuring safety for all residents. The program has been successfully implemented in various cities, helping these communities become leaders in drone integration.
THE ROAD AHEAD
As the FAA finalizes its BVLOS regulations, businesses, drone operators, and local governments must stay informed and involved. The FAA has not provided a specific release date for when the NPRM for Part 108 will be available for public comment. However, it is anticipated that the NPRM will be released shortly, possibly within the next several months. Once released, the NPRM will be open for public comment, allowing stakeholders, industry experts, and the public to provide feedback and suggestions on the proposed regulations.
The FAA's proposed Part 108 is a bold move toward normalizing BVLOS operations, addressing the need for a more adaptable and comprehensive regulatory framework. As the industry prepares for this new chapter in UAS regulation, the focus will remain on balancing innovation with safety, ensuring that the skies are open to new possibilities while maintaining the highest standards of operational integrity.
As the UAS industry continues to grow and evolve, the FAA's role in regulating this space will be more important than ever. By creating a flexible and forward-looking regulatory framework, the FAA is helping to ensure that the UAS industry can reach its full potential while keeping the skies safe for everyone.