Regulatory Alert: FAA Announces New UAS BVLOS Operations Aviation Rulemaking Committee
June 9, 2021
This afternoon Administrator Steve Dickson announced that the Federal Aviation Administration (FAA) is forming a new Unmanned Aircraft Systems (UAS) Beyond Visual Line-of-Sight (BVLOS) Operations Aviation Rulemaking Committee (ARC) to develop recommendations for the agency on a regulatory framework to enable more routine BVLOS operations. AAAE was invited by FAA to participate and will be an active member of the new ARC. The announcement was made during the Administrator's opening remarks for the FAA's sixth annual UAS Symposium. 
The formation of a new ARC to accelerate the enablement of UAS BVLOS operations is a notable shift in FAA's handling of drone issues. For years the agency has been significantly focused on developing regulatory requirements for remote identification (ID) to eliminate user anonymity that has contributed to the safety and security risks posed by drones. With the final remote ID regulations going into effect in April, FAA is now placing a greater emphasis on expanding UAS capabilities and enabling BVLOS operations. These are operations that the UAS industry has been strongly urging the agency to more broadly permit. 
The following provides some additional information regarding today's announcement and remarks from Administrator Dickson, who also touched on the emergence of advanced air mobility (AAM). 
Background on UAS BVLOS Operations. Under existing federal regulations, known as Part 107, remote pilots are required to operate their drone within 'visual line of sight' and other parameters to ensure that the UAS does not interfere with other aircraft in flight or pose any other hazards. Many companies and industries have been eager to expand their operations to beyond visual line of sight to unlock additional economic and societal benefits. FAA has carried out several programs in the past to accelerate more routine BVLOS operations, such as the UAS Integration Pilot Program and currently BEYOND. 
UAS BVLOS Operations ARC Charter. The objective of the new ARC is to provide recommendations to FAA for performance-based regulatory requirements to normalize 'UAS BVLOS operations that are not under positive air traffic control (ATC).' The recommendations will have to address the following concept of operations: long-line linear infrastructure inspections, industrial aerial data gathering, small package delivery, and precision agriculture operations. The ARC will not address aircraft carrying passengers or crew. The charter can be read here. 
Recreational UAS Safety Test. Under the 2018 FAA reauthorization bill, Congress required all recreational flyers to pass an aeronautical knowledge and safety test prior to operating their drones. However, FAA has yet to make the test available. Dickson indicated that the agency is in the 'final stages' of selecting companies to administer the safety test. Deployment and rollout of the test is expected to occur 'soon.' 
FAA's Management of Advanced Air Mobility. There were a few key takeaways on AAM from Administrator Dickson's remarks today, an area that has gained much more attention in 2021. First, FAA is taking a 'systems approach' through the agency's internal AAM Integration Executive Council, which is coordinating all their activities in the areas of aircraft, airspace, operations, infrastructure and community. Dickson emphasized that their focus is on safety. Second, FAA has no plans to update any regulations for AAM operations, indicating the 'existing rules are flexible enough to accommodate any potential near-term operations.' Rulemaking projects have hampered the ability for the drone community to expand their operations; this is not expected to be a hurdle for AAM operators.  
AAAE Engagement with New Entrants. AAAE has been significantly engaged with FAA and other industry stakeholders to ensure that new entrants are safely integrated into the National Airspace System. AAAE recently created an AAM Working Group to help staff and our members navigate this growing area and respond to important policy issues that arise in Washington. The AAAE UAS Working Group also continues to meet and will be engaged with AAAE staff to ensure the airport perspective is represented and heard in the UAS BVLOS Operations ARC. If you would like to get involved in either group, please contact Justin Barkowski or Jeremy Valcich. 
This afternoon Administrator Steve Dickson announced that the Federal Aviation Administration (FAA) is forming a new Unmanned Aircraft Systems (UAS) Beyond Visual Line-of-Sight (BVLOS) Operations Aviation Rulemaking Committee (ARC) to develop recommendations for the agency on a regulatory framework to enable more routine BVLOS operations. AAAE was invited by FAA to participate and will be an active member of the new ARC. The announcement was made during the Administrator's opening remarks for the FAA's sixth annual UAS Symposium. 
The formation of a new ARC to accelerate the enablement of UAS BVLOS operations is a notable shift in FAA's handling of drone issues. For years the agency has been significantly focused on developing regulatory requirements for remote identification (ID) to eliminate user anonymity that has contributed to the safety and security risks posed by drones. With the final remote ID regulations going into effect in April, FAA is now placing a greater emphasis on expanding UAS capabilities and enabling BVLOS operations. These are operations that the UAS industry has been strongly urging the agency to more broadly permit. 
The following provides some additional information regarding today's announcement and remarks from Administrator Dickson, who also touched on the emergence of advanced air mobility (AAM). 
Background on UAS BVLOS Operations. Under existing federal regulations, known as Part 107, remote pilots are required to operate their drone within 'visual line of sight' and other parameters to ensure that the UAS does not interfere with other aircraft in flight or pose any other hazards. Many companies and industries have been eager to expand their operations to beyond visual line of sight to unlock additional economic and societal benefits. FAA has carried out several programs in the past to accelerate more routine BVLOS operations, such as the UAS Integration Pilot Program and currently BEYOND. 
UAS BVLOS Operations ARC Charter. The objective of the new ARC is to provide recommendations to FAA for performance-based regulatory requirements to normalize 'UAS BVLOS operations that are not under positive air traffic control (ATC).' The recommendations will have to address the following concept of operations: long-line linear infrastructure inspections, industrial aerial data gathering, small package delivery, and precision agriculture operations. The ARC will not address aircraft carrying passengers or crew. The charter can be read here. 
Recreational UAS Safety Test. Under the 2018 FAA reauthorization bill, Congress required all recreational flyers to pass an aeronautical knowledge and safety test prior to operating their drones. However, FAA has yet to make the test available. Dickson indicated that the agency is in the 'final stages' of selecting companies to administer the safety test. Deployment and rollout of the test is expected to occur 'soon.' 
FAA's Management of Advanced Air Mobility. There were a few key takeaways on AAM from Administrator Dickson's remarks today, an area that has gained much more attention in 2021. First, FAA is taking a 'systems approach' through the agency's internal AAM Integration Executive Council, which is coordinating all their activities in the areas of aircraft, airspace, operations, infrastructure and community. Dickson emphasized that their focus is on safety. Second, FAA has no plans to update any regulations for AAM operations, indicating the 'existing rules are flexible enough to accommodate any potential near-term operations.' Rulemaking projects have hampered the ability for the drone community to expand their operations; this is not expected to be a hurdle for AAM operators.  
AAAE Engagement with New Entrants. AAAE has been significantly engaged with FAA and other industry stakeholders to ensure that new entrants are safely integrated into the National Airspace System. AAAE recently created an AAM Working Group to help staff and our members navigate this growing area and respond to important policy issues that arise in Washington. The AAAE UAS Working Group also continues to meet and will be engaged with AAAE staff to ensure the airport perspective is represented and heard in the UAS BVLOS Operations ARC. If you would like to get involved in either group, please contact Justin Barkowski or Jeremy Valcich.