Woolpert Aviation Research Analyst Adam Ackermann shares his takeaways from the recent FAA Drone and AAM Symposium. He shares why the panel discussion regarding “The Evolving Regulatory Path to BVLOS UAS Operations,” which addressed the potential framework for a Part 108 beyond visual line-of-sight rule, was the must-see event of the conference.

Last week, aviation professionals specializing in uncrewed aircraft systems and Advanced Air Mobility convened in Baltimore, Md., for the Federal Aviation Administration's eighth annual Drone and AAM Symposium. This year’s event aimed to bridge the gap between government and industry, driving us closer to a more integrated airspace. Due to the rapidly expanding interest and opportunities in the industry, the conference had a wealth of information to share and broke attendance records yet again. Whether you missed out or just want to make sense of it all, here are some key insights and takeaways from the FAA on the evolving UAS landscape. 

BVLOS Rulemaking and Part 108 

Kudos to whoever crafted the symposium program schedule for leaving the best session for last. “The Evolving Regulatory Path to BVLOS UAS Operations,” moderated by FAA Executive Director of Rulemaking Brandon Roberts, had the audience buzzing as it unveiled what the FAA is considering as the framework for a Part 108 beyond visual line-of-sight rule. It was made clear that this rule has not been finalized and is still subject to change. According to the session, the FAA is considering two pathways for BVLOS approvals:  

1. Operational permits 
2. Operational certificates 

Operational permits would be the agency's streamlined approach to BVLOS approval. Permits would have more regulatory restrictions, such as lower aircraft weights, lower aircraft quantities, and lower size/scope of operations. These lower thresholds would allow for lessened FAA involvement and aim to issue approvals within days.  

Operational certificates would be more in-depth for operations above the thresholds laid out in operational permits. These would be intended for larger operational scopes, such as drone delivery, and a team of FAA inspectors will guide the applicant through a more rigorous evaluation and validation process.  

The agency is considering nine categories of operations within these pathways. These include: 

• Package delivery 
• Agriculture 
• Aerial survey 
• Demonstration 
• Civic interest 
• Flight testing 
• Flight training 
• Recreational 
• Other  

Each category has defined operational restrictions, which may include limits on weights, speeds, the number of aircraft, or a combination of these factors. The “Other” category is intended to be a catchall for outliers and new use cases.  

This is where the framework concludes, and the details of Part 108 come into play. The focus shifts to corporate operators seeking operational certification. Under Part 108, the accountability for operations transitions from individual remote pilots to the corporation. Instead of remote pilots in command (RPICs) having to pass a standardized test to become 108 certified, their companies will now be responsible for their training and flight qualifications. The rationale is that creating a universal test for Part 108, as was done for Part 107, is impractical. Therefore, the FAA is placing the responsibility on the industry to train personnel according to their specific operational concepts and to fit the needs of their organizational structure. This would apply to medical standards as the FAA is not considering a medical certificate for Part 108. Consequently, the FAA will hold the company accountable for all incidents. While Part 107 designates the pilot as the RPIC, Part 108 will introduce the role of “flight coordinator.” The flight coordinator is not IFR-qualified but rather the overseer of the aircraft's autonomy. This will be tied to aircraft design and how much human involvement is necessary.  

BVLOS in Controlled Airspace 

BVLOS operations in controlled airspace have been a topic of significant debate for several years. During the session, some insights were provided regarding potential FAA rulemaking. The agency suggested that similar to Part 107, authorizations will likely be needed for operations in controlled airspace, with an eventual goal of achieving automatic approval akin to the Low Altitude Authorization and Notification Capability (LAANC). Furthermore, the FAA indicated that UAS Traffic Management (UTM) services will probably be required in controlled airspace. Depending on the situation, there may be a need for enhanced situational awareness and visibility in these areas, and operators might need to detect and avoid non-cooperating aircraft.  Automatic Dependent Surveillance-Broadcast (ADS-B) is generally not being considered to facilitate this due to concerns of clogging radar scopes.  

UAS Traffic Management Developments 
The FAA is working toward a federated UTM system, and multiple companies are working together to facilitate a safe, low-altitude uncrewed airspace system. The proposed rulemaking will include a framework for the approval of UTM service providers, and it will include the approval of those providers’ individual services. Service providers will be certificated as “air agencies.” Once service providers are certificated, they can then submit proposals for the services they want to provide and explain what risks they mitigate. Upon approval of services, operators would shop for a provider who can help mitigate risks specific to their operation. The requirement for UTM services will depend on the operation type and the coalition involved, and it will be assessed based on aircraft performance. The recent approval of Wing Aviation and Zipline International UTM systems at the Dallas Fort Worth key site will provide the FAA with a data-driven safety case. Insights gained from the key site will be used to refine the proposed rulemaking.  

How can you help? 
Agency representatives highlighted that the new rule will be performance-based, requiring the establishment of appropriate standards for effective implementation. They urged industry professionals to actively engage with standards organizations such as RTCA and ASTM International to help drive BVLOS operations forward. Additionally, they encouraged thoughtful feedback on the Notice of Proposed Rulemaking (NPRM) when it opens for public comment at the end of this year. When commenting, be sure to include positive and negative feedback, along with reasoning and suggestions for improvement. The FAA will review and respond to all comments, providing an opportunity for you to influence the future direction of this budding industry.  

I’d love to hear your perspectives on the upcoming Part 108 NPRM. How will the proposed changes impact your work or the industry at large? Share your thoughts in the comments below and join the conversation on how we can shape the future of UAS and AAM regulations together.