On October 6, AGC of America submitted comments to the Federal Aviation Administration (FAA) on their Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations proposed rule.This rule would create a framework for contractors and other businesses to expand their drone programs to take advantage of autonomous drone technology.
Many contractors already take advantage of drones for limited small-scale operations with a human in the loop. Tasks such as topographic mapping, land surveys, structure inspection, and equipment tracking can all be accomplished more efficiently using drones. But these efficiency gains are limited by the limitations of the human operator. The new proposed rule is designed to fully integrate drones into the National Airspace System (NAS) at low altitudes beyond visual line of sight (BVLOS). The rule intends “to provide a predictable and clear pathway for safe, routine, and scalable [drone] operations that include package delivery, agriculture, aerial surveying, civic interest, operations training, demonstration, recreation, and flight testing.”
What is FAA proposing?
Improvement in drone technology now means that top of the line operators are relying on technology rather than human interaction to ensure safe operation. The proposed rule would create a corporate framework for contractors looking to expand their drone operations. Requirements include:
- Contractors would be required to designate an operations supervisor. The operations supervisor would act on behalf of the company with FAA and would hold ultimate responsibility for ensuring that all personnel are properly trained and be the final authority for safe operations.
- Contractors would be required to designate flight coordinators, who are subordinate to the operations supervisor and would take actual control of drones during flight.
- The proposed rule would establish 5 categories of population density with increasing restrictions as density rises.
- The proposed rule will likely require contractors to purchase new drones to comply with the airworthiness requirements. Notably, DJI drones are ineligible for an airworthiness designation based on their country of origin.
- Permits and Certifications would be required for each drone operation, depending on the complexity and the area being worked in.
In summary, the rule calls for a pivot away from FAA regulation and towards a model predicated on corporate responsibility. Contractors who want to take advantage of the incredible possibilities offered by the proposed rule would be required to make a significant investment to do so.
What did AGC have to say?
Informed by the Project Innovation and Delivery forum, AGC commented on the proposed rule to identify areas of concern where we feel the proposed rule could be adjusted to better accommodate the needs of our industry and areas where, although we agree with the policy choice made by FAA, we feel further guidance from FAA would be helpful. Highlights of AGC’s comments include:
- Encouraging FAA to embrace creative solutions to allow for expanded drone operations in densely populated areas. Most of these projects are in the public interest and hazards associated with drone operations would be mitigated by the public’s exclusion from the jobsite.
- Establishing standard operating procedures for things like cybersecurity, strategic deconfliction (a process required by the rule), and certificated operations.
- Requesting flexibility so our members’ existing fleets would be eligible for an airworthiness certification under the proposed rule.
- Asking that each permit or certificate includes an FAA point of contact.
Through this proposed rule, FAA is taking the next step in expanding the use of drones and our members are well positioned to take advantage. The FAA’s fact sheet on the proposed rule can be viewed here.
For more information, please contact Spencer Phillips.