FAA eyes beyond-visual-line-of-sight approvals for 4 major firms

Greater than a 12 months after the Federal Aviation Administration published the ultimate, nearly 400-page report from its beyond-visual-line-of-sight (BVLOS) advisory rulemaking committee, the agency has opened the door to expanded unmanned operations for 4 major aviation players.

On Tuesday, the FAA announced it’s in search of public comment on 4 requests for BVLOS waivers that might allow distant pilots to fly their aircraft where they will’t see them. The requests come from aerial data acquisition firm Phoenix Air Unmanned, unmanned aviation services provider uAvionix, and drone delivery firms Zipline and UPS Flight Forward.

Starting Thursday, the general public may have 20 days to comment on the proposed waivers, allowing stakeholders to precise any concerns about safety, privacy or other topics. The FAA will then review all comments and expects to issue decisions granting or denying the requests this summer.

“Any final approvals will include safety mitigations, specific conditions and limitations, and data-reporting requirements that can allow the FAA to research these operations,” an agency spokesperson told FLYING magazine.

Currently, the FAA relies on BVLOS waivers to allow expanded unmanned operations in lieu of a sturdy regulatory framework. Data gathered from those operations is getting used by the agency to develop a brand new set of regulations that might enable operations without an approval process. Nonetheless, acting FAA Administrator Billy Nolen recently acknowledged there shouldn’t be yet a date in sight for a final BVLOS rule.

The FAA grants several exceptions to Part 107, the rule that outlines regulations for small unmanned aircraft systems (UAS) and certificated distant pilots. These waivers exempt operators from different facets of the rule. For instance, an exception to Section 107.31 permits operations beyond the distant pilot in command’s line of sight (but inside view of a visible observer).

Other waivers offer even greater flexibility. An exemption from Section 107.33(b), for example, enables operations even beyond the visual observer’s line of sight. Still more waivers cover other facets of operations, similar to speed and altitude (Section 107.51), and flying over people (Section 107.39) and moving vehicles (Section 107.145).

Phoenix Air Unmanned, for instance, is in search of an exemption for BVLOS inspections of powerline infrastructure owned by any Department of Energy-recognized electric utility.

“Our petition for exemption process has included a security risk management review alongside the FAA, demonstration of the aircraft, and on-site evaluation of BVLOS inspection operations inside the proposed concept of operations,” the corporate told FLYING. “The exemption request is within the interest of the general public and we welcome public comment as a next step of the authorization process.”

While commenters will likely have some concerns around the protection of BVLOS operations, the FAA has an incentive to approve these waivers in some fashion.

It’s possible commenters’ worries are enough to sway the agency into denying the waivers outright. However the more likely consequence is regulators grant them, even when it means including special conditions or limitations for safety. Even a limited approval would give the FAA more operations to check because it builds BVLOS regulations.

“uAvionix is inspired by the actions of the FAA and appears forward to the general public review period and the intended consequence of extending BVLOS operations for all,” a uAvionix spokesperson told FLYING.

Zipline didn’t immediately reply to FLYING’s request for comment. UPS Flight Forward declined to comment.