NBAA Urges FAA to Consider Safety-First Approach to Drone Regulations

The National Business Aviation Association (NBAA) has given feedback to the Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) on proposed drone regulations.

In these comments, the NBAA urges the organizations to prioritize safety at the highest level when creating these rules.

The FAA’s portion of the proposed drone regulations would not require waivers or exemptions for certain low altitude, beyond visual line of site (BVLOS) missions by unmanned aircraft systems (UAS).

This proposal would also establish operating rules for UAS operations like:

• Agriculture
• Flight testing for compensation or hire
• Package delivery
• Public safety

The provisions were outlined in a recently published notice of proposed rulemaking (NPRM).

“NBAA has a unique interest in this NPRM, as many of our members who have operated manned aircraft for decades are now adding UAS to their mission planning,” said Heidi Williams, NBAA vice president of air traffic services and infrastructure.

Williams continued, “In addition, some NBAA member companies use UAS exclusively in furtherance of their businesses.”

Williams added that the association sees the proposed rule as foundational to integrating UAS and other emerging technologies into the National Airspace System (NAS). She also highlighted how it’s critical for national security, operational efficiency and safety.

“However, NBAA members shared several concerns, including the need for electronic conspicuity, or sharing of position, for all aircraft in the NAS,” she said.

“Electronic conspicuity solutions must be interoperable within the NAS and among relevant user groups, and must consider current and future technologies,” Williams noted. “ADS-B is one, but not the only means, of achieving effective electronic conspicuity. Industry standards could be used to identify appropriate means of achieving electronic conspicuity,” stated Williams.

She continued, “Universal position sharing through electronic conspicuity across all aircraft in the NAS would also negate the need for complex changes to the existing right-of-way regulations, since UAS would simply detect and avoid all other aircraft.”

Part 108 also outlines airworthiness requirements for aircraft to be flown under these rules.

In its comments, NBAA advocated for retaining the existing criteria for making decisions (CMD) process as an industry standard for UAS airworthiness, stating, “The current CMD process, a working method for airworthiness, has contributed to a very high level of safety and should not be discarded without justification.”

The changes proposed by TSA would impose security measures on these operations, particularly package delivery operations. These proposed measures include:

• Assessing security threats for certain persons engaged in BVLOS operations
• Implementing a formal, TSA-approved security program by certain types of operations

NBAA urges the TSA to withdraw its proposed regulations from this larger rulemaking and undertake a separate risk-based rulemaking process.