Part 108 – New Drone Regulations Proposed to the FAA

BVLOS ARC Report Summary - Recommendations and Proposed Regulatory Changes

The Beyond Visual Line of Sight (BVLOS) Aviation Rulemaking Committee (ARC) started their work on June 24th, 2021, with an objective to propose new drone flight rules to the FAA in order to enable operations outside of a remote pilot's visual line of sight. Below we have summarized their recommendations from the 381 Page report published on March 10th, 2021. The final report includes 70 recommendations as well as a brand new proposed CFR Part 108. For a detailed explanation of each recommendation, please visit the full report at the bottom of the page. The representatives included a diverse range of individuals and companies including Amazon Prime Air, Wing, Helicopter Associations, and other Aviation Organizations.

The BVLOS ARC's 70 Recommendations

Air & Ground Risk Recommendations (AG)

AG 2.1 - The acceptable level of risk (ALR) for UAS should be consistent across all types of operations being performed, and no more restrictive than the accepted fatality rates of general aviation.

AG 2.2 - The rules should be predicated on the risks of operation based on UA capability, size, weight, performance, and characteristics of the operating environment as opposed to the purpose of the operation.

AG 2.3 - BVLOS operations to the greatest extent possible should be allowed to occur through compliance with the regulation alone without the need for a waiver or exemption.

AG 2.4 - The FAA should encourage voluntary reporting in accordance with the UAS Aviation Safety Reporting System (ASRS).

AG 2.5 - The rule should enable the carriage of hazardous materials beyond the specified quantities (per OQ 2.19). Carriage of hazardous materials beyond the specified quantities of OQ 2.19 shall have appropriate mitigations, as established via a performance-based industry consensus standard that is proportionate to the risk of the operation.

AG 2.6 - The rule should allow UAS to conduct transient flights over people. The rule should allow sustained flight over non-participants with strategic and/or technical mitigations applied.

AG 2.7 - The rule should be based on a minimum capability needed to safely perform the operation, not a minimum equipment list.

AG 2.8 - The FAA should develop pathways to support innovation and accommodate emerging technology. The FAA should give consideration to approvals for low-risk Research and Development initiatives.

AG 2.9 - The FAA should incorporate uncrewed aviation into existing surveys or deploy a survey similar to the General Aviation and Part 135 Activity Survey.

Flight Rules Recommendations (FR)

FR 2.1 - The FAA should amend Part 91.113 (b) to allow a range of sensing methodologies

FR 2.2 - The ARC recommends that UA operations in Non-Shielded Low Altitude Areas (i.e., below 400’) yield right of way to crewed aircraft equipped with ADS-B or TABS and broadcasting their position.

FR 2.3 - The ARC recommends that UA operations in Non-Shielded Low Altitude Areas (i.e., below 400’) have right of way over crewed aircraft that are not equipped with an ADS-B out as specified in 14 CFR § 91.225 or TABS.

FR 2.4 - The FAA should amend FAR Rule Part 91.113(d) to give UA Right of Way for Shielded Operations

FR 2.5 - Pilots should be educated to associate obstacles and structures along their flight path with uncrewed flight operations to increase situational awareness during both preflight planning and actual operations.

FR 2.6 - The FAA should revise §91.103 to include a new part (c) to accommodate UA operations.

FR 2.7 - The FAA should amend § 91.119 to allow UA operations below the Minimum Safe Altitude restrictions

FR 2.8 - The FAA should amend FAR Rule Part 107.31 to include Extended Visual Line of Sight

FR 2.9 - The FAA should amend FAR Rule Part 107.33 to allow a visual observer to assist and support BVLOS operations

Aircraft & Systems Recommendations (AS)

AS 2.1 - The FAA should establish a new ‘BVLOS’ Rule which includes a process for qualification of uncrewed aircraft and systems. The rule should be applicable to uncrewed aircraft up to 800,000 ft-lb of kinetic energy in accordance with the Operating Environment Relative Risk Matrix.

AS 2.2 - The new BVLOS rule should address Maintenance, Repair, and Modifications of UA.

AS 2.3 - The new BVLOS rule should address software qualification for UA and AE.

AS 2.4 - The new rules should include UA noise certification requirements appropriate to the operating environment. Compliance should be demonstrated through a simple testing methodology.

AS 2.5 - The FAA should establish a new ‘BVLOS’ Rule which includes a process for qualification of the associated elements of an uncrewed aircraft system.

AS 2.6 - The new rule should define who must make a declaration of compliance.

AS 2.7 - Establish a new Special Airworthiness Certification for the UAS category under Part 21.

AS 2.8 - The FAA should establish a Repairperson Certification for the UAS Category to perform inspection, maintenance, and repair of UAS holding SAC under this proposed rule.

AS 2.9 - Recommend exemption from Production Certification requirements IF TC applicants declare compliance to the LSA standard for a quality system.

AS 2.10 - The FAA should consider allowing third-party test organizations to audit compliance.

Operator Qualifications Recommendations (OQ)

OQ 2.1 - The FAA create a new 14 CFR Part that governs UAS BVLOS Pilot and Operator certification requirements and operating rules.

OQ 2.2 - The FAA should adopt the categories defined in the Automation Matrix for BVLOS training and qualification requirements.

OQ 2.3 - The FAA modify 14 CFR Part 107 to enable limited BVLOS operations under the existing Remote Pilot with Small UAS Rating certificate.

OQ 2.4 - The FAA expand the knowledge test for the 14 CFR Part 107 Remote Pilot Certificate with Small UAS Rating to cover topics associated with EVLOS and shielded UAS operations

OQ 2.5 - The FAA establish a new BVLOS rating for the Remote Pilot certificate under the new 14 CFR Part.

OQ 2.6 - The FAA’s required UAS pilot knowledge areas and skills for the BVLOS rating should include the knowledge areas required by the FAA for the 14 CFR Part 107 Remote Pilot certificate.

OQ 2.7 - The BVLOS rating process should incorporate additional knowledge and examination areas to support advanced BVLOS and 1-to-many operations.

OQ 2.8 - The FAA should provide both direct and progressive paths to achieving the Remote Pilot Certificate with a BVLOS rating.

OQ 2.9 - Remote Pilots certificated under Part 107 that have completed a BVLOS training program certified by a public aircraft operator entity (as defined in 14 CFR Part 1) should be able to receive their BVLOS rating via online training, similar to the existing Part 107 certification pathway for current Part 61 pilots.

OQ 2.10 - UAS BVLOS guidance and advisory materials should establish a clear and traceable path for operational control and specific training/qualification/currency requirements.

OQ 2.11 - Create two levels of Operating Certificates for commercial UAS operations: a Remote Air Carrier certificate and a Remote Commercial Operating certificate.

OQ 2.12 - Set threshold requirements for certain UAS BVLOS operations beyond which a Remote Air Carrier Certificate or Remote Operating Certificate is required.

OQ 2.13 - Create Operating Requirements that govern Remote Air Carrier and Remote Operating certificate holders.

OQ 2.14 - Create Certification and Operating Requirements that govern Agricultural Remote Aircraft Operations.

OQ 2.15 - For UAS Operating Certificate holders create a designated position authorized under the New Part that exercises operational control and ultimate responsibility for 1-to-many BVLOS flights conducted under their supervision.

OQ 2.16 - The FAA should develop tailored medical qualifications for UAS pilots and other crew positions that consider greater accessibility and redundancy options available to UAS.

OQ 2.17 - Remote Pilots (regardless of rating) are expressly authorized to act as Remote Pilot in Command of an uncrewed aircraft operated for compensation or hire.

OQ 2.18 - The intent of the ARC is that the privileges and limitations of the final BVLOS rule will be available to all aircraft operating under this rule, including public agency operations.

OQ 2.19 - Allow only appropriately vetted UAS operators that are approved by the relevant authority to conduct operations deemed to be a higher security risk.

OQ 2.20 - The FAA should provide an exception to the restrictions and requirements for the carriage of specified quantities of hazardous materials for delivery by holders of a Remote Air Carrier or Remote Operating Certificate.

Third-Party Services Recommendations (TP)

TP 2.1 - The FAA should adopt a regulatory scheme for third-party services to be used in support of UAS BVLOS.

TP 2.2 - The FAA and NASA should conduct a study to determine what level of aircraft operations in a defined volume of the airspace would trigger the need for mandatory participation in federated or third-party services.

Environmental Recommendations

ER 2.1 - As the FAA reviews the BVLOS Rule, the ARC recommends the FAA determined that the BVLOS Rule is unlikely to result in a significant impact on the environment.

ER 2.2 - NEPA review of the BVLOS rule must be timely and programmatic in scope.

ER 2.3 - Environmental reviews should not be required for individual BVLOS operations enabled by the Rule.

ER 2.4 - The FAA should provide an interim pathway to enable BVLOS operations in the near term, pending the finalization of the BVLOS Rule.

ER 2.5 - The FAA interprets NEPA in a way that expedites the BVLOS rulemaking. If the FAA concludes that it is required to implement NEPA in such a way that would substantially delay either the BVLOS rulemaking or BVLOS operations, the ARC recommends asking Congress to consider legislative actions.

General Recommendations

GP 2.1 - The DOT and the FAA should assess and evaluate societal benefits from UAS BVLOS operations broadly and consider categories and types of benefits that are not easily quantifiable. This includes a holistic and comprehensive analysis of the environmental, equitable, safety, economic, security, and health benefits.

GP 2.2 - Public Perception – The industry must continue to work with all governments, including federal, tribal, state, and local, as well as directly with communities to enhance public understanding of the benefits of UAS BVLOS use.

GP 2.3 - Immediately after promulgating the new BVLOS rule, the FAA should issue an Advisory Circular providing guidance.

GP 2.4 - The FAA should continue the waiver and exemption process while the rulemaking process is progressing, considering the proposed recommendations as a basis for approval when appropriate.

GP 2.5 - International Harmonization – The FAA should work closely with international partners to streamline regulatory processes.

GP 2.6 - Resolve Ambiguity around Intergovernmental Jurisdictional Roles – The FAA should continue an open dialogue with all interested stakeholders on jurisdictional issues. Further, the FAA should explore a clearinghouse for relevant inputs from certified entities, especially local governments, to advance the industry integration.

GP 2.7 - The FAA should publish an order that governs FAA participation in industry standards development organizations.

GP 2.8 - Executive Branch Leadership on UAS Issues – The White House and the Department of Transportation should play a leadership role in UAS BVLOS integration.

GP 2.9 - Counter-UAS Issues – The US government should renew the Preventing Emerging Threats Act.

GP 2.10 - FAA Extension Act – The FAA, together with national security agencies, should implement a process by which trusted operators, including those operating BVLOS, can receive FAA approval to traverse FAA-designated fixed sites.

GP 2.11 - DOT Economic Authority – Congress and the Department of Transportation should review the application of the aviation citizenship laws to the UAS industry to minimize barriers to entry and operational hindrances.

GP 2.12 - Spectrum Related Issues – The FAA should work with the FCC and NTIA to support enabling all available communications technology for the industry in a timely way.

GP 2.13 - Network Remote ID Implementation – The ARC urges the national security agencies and the FAA to engage in an open dialogue with industry and civil society stakeholders to find solutions that enable network remote identification implementation.

GP 2.14 - The FAA establish a cybersecurity working group composed of members of the UAS and aviation industry, communications industry, academics, expert agencies, and other cybersecurity experts.

GP 2.15 - Until the new rule is promulgated, the proposed framework outlined in the Operations Matrix should be leveraged as Guidance Material for applicants and reviewers under the existing FAR Part 107 Waiver Process.

The ARC's New Proposed Rule - 14 CFR Part 108

Subpart A - General

§ 108.1 Applicability.

§ 108.3 Definitions.

§ 108.5 Falsification, reproduction, or alteration.

§ 108.7 Inspection, testing, and demonstration of compliance.

§ 108.9 Accident reporting.

Subpart B - Operating Rules

§ 108.11 Applicability.

This Subpart applies to UAS BVLOS operations at the following Automated Flight Rules (AFR) Levels:

(a) For UA with 25,000 ft-lbs. or less of kinetic energy, including everything that is on board or otherwise attached to the aircraft, operating at:

1. AFR Level 2 Automation: a pilot to UA ratio greater than 1:5

2. AFR Level 3 Automation: a pilot to UA ratio greater than 1:20

(b) For UA with more than 25,000 ft-lbs. of kinetic energy, including everything that is on board or otherwise attached to the aircraft, operating at:

a pilot to UA ratio greater than 1:5

§ 108.12 Requirement for a remote pilot certificate.

§ 108.13 Registration.

§ 108.15 Condition for safe operation.

(a) No person may conduct a BVLOS UA operation unless the UA is in a condition for safe operation. For a BVLOS UA flight under AFR, the remote pilot in command will take appropriate steps to confirm conditions for safe operation and safe launch and landing areas by consulting relevant information, which may include weather station information, systems, and sensors on-aircraft and other flight support systems. Prior to each flight, the remote pilot in command must check the uncrewed aircraft system, and associated elements, to determine whether it is in a condition for safe operation. Such checks may be conducted on-site by direct inspection; remotely via aircraft system monitoring and health ground and flight checks, or a combination of both as approved in the aircraft's flight manual.

(b) No person may continue a BVLOS UA operation when the person knows or has reason to know that the UAS, or associated elements, are no longer in a condition for safe operation.

§ 108.29 Operation at night.

§ 108.20 Operations in shielded areas.

§ 108.21 In-flight emergency.

§ 108.23 Hazardous operations.

§ 108.27 Alcohol or drugs.

§ 108.35 Operation of multiple uncrewed aircraft.

§ 108.37 Operation near aircraft; low altitude right-of-way rules.

(a) Every uncrewed aircraft operating below 500’ AGL and away from structures, must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles equipped and broadcasting their position via ADS-B out or Traffic Awareness Beacon Systems (TABS). Yielding the right of way means that the small uncrewed aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless there is adequate separation.

(b) Every crewed aircraft, airborne vehicle, and launch and reentry vehicle operating below 500’ AGL and away from structures, that are not equipped and broadcasting their position via ADS-B out or TABS must yield the right of way to all uncrewed aircraft. Yielding the right of way means that the crewed aircraft or vehicle must give way to the uncrewed aircraft and may not pass over, under, or ahead of it unless there is adequate separation.

c. Every uncrewed aircraft operating below 500’ AGL and within 100 feet of a structure has right of way over all other aircraft, airborne vehicles, and launch and reentry vehicles.

d. No person may operate an aircraft or an uncrewed aircraft in a manner that creates a collision hazard.

§ 108.XX Transient operations over human beings

To conduct transient operations –

1. The UA operations shall be a transient operation (with regard to flight over human beings) or includes a transient flight over human beings. Transient flight over human beings is a transit route flight over people or a person. Transient operations are merely incidental to a point-to-point operation unrelated to the people or a person.

2. RPIC requirements.

a. A remote pilot in command –

i. Must use a UA that is eligible for transient operations pursuant to paragraph (c) of this section;

3. Uncrewed aircraft requirements for transient operations. To be eligible to conduct transient operations over human beings under this section, the UA must –

a. Have the minimum BVLOS capabilities; and

b. Software performs as intended.

4. Maintenance requirements for transient operations. The owner/operator must maintain the aircraft in an airworthy condition and,

a. Uses the methods, techniques, and practices prescribed in the manufacturer’s current maintenance manual;

b. Has the knowledge, skill, and appropriate equipment to perform the work; and

c. Performs the maintenance, preventive maintenance, or alterations on the uncrewed aircraft in a manner using the methods, techniques, and practices prescribed in the manufacturer's current maintenance manual.

§ 108.XX Sustained operations over human beings

To conduct sustained operations over human beings –

1. The UA shall be a sustained operation (with regard to flight over human beings) or includes sustained flight over human beings. Sustained flight is hovering above people or a person, flying back and forth over people or a person or circling above people in such a way that the unmanned aircraft remains above some portion of the person or persons.

2. RPIC requirements

a. A remote pilot in command –

i. Must use a UA that is eligible for sustained operations pursuant to paragraph (c) of this section;

3. Uncrewed aircraft requirements for sustained operations. To be eligible to conduct sustained operations over human beings under this section, the UA must -

a. Meet the requirements for BVLOS operations per Subpart D

4. System requirements

a. The UAS or associate elements performs as intended.

5. Maintenance requirements sustained operations. The owner/operator must maintain the aircraft in an airworthy condition and,

a. Uses the methods, techniques, and practices prescribed in the manufacturer’s current maintenance manual;

b. Has the knowledge, skill, and appropriate equipment to perform the work; and

c. Performs the maintenance, preventive maintenance, or alterations on the uncrewed aircraft in a manner using the methods, techniques,

Subpart C - Certification: Remote Pilots

§ 108.56 Applicability.

§ 108.57 Offenses involving alcohol or drugs.

§ 108.59 Refusal to submit to an alcohol test or to furnish test results.

§ 108.61 Eligibility.

§ 108.63 Issuance of a remote pilot certificate with a BVLOS rating.

§ 108.64 Temporary certificate.

§ 108.65 Aeronautical knowledge recency.

Subpart D - Qualification: Procedures for Uncrewed Aircraft and Systems for BVLOS

§ 108.xx Applicability.

§ 108.xx Level 1 operations: Eligibility of aircraft and systems for BVLOS

§ 108.xx Level 2A operations: Eligibility of aircraft and systems for BVLOS

§ 108.xx Level 2B operations: Eligibility of aircraft and systems for BVLOS

§ 108.xx Level 3 operations: Eligibility of aircraft and systems for BVLOS

§ 108.xx Means of Compliance § 108.xx Declaration of Compliance

Subpart E - Certification: Remote Air Carriers and Remote Commercial Operators (Part 119 equivalent)

§108.XX Applicability (From § 119.1)

1. This part applies to each person operating or intending to operate civil uncrewed aircraft -

As a remote air carrier or a remote commercial operator, or both, in air commerce.

(b) This part prescribes -

The types of remote air operator certificates issued by the Federal Aviation Administration, including remote air carrier certificates and remote operating certificates;

The certification requirements an operator must meet in order to obtain and hold a certificate authorizing operation under this part and operations specifications for each kind of operation to be conducted under this part;

The requirements an operator must meet to conduct operations under this part and in its operations specifications.

§108.XX Certifications, authorizations, and prohibitions. (From §119.5)

(a) A person authorized by the Administrator to conduct operations as a remote air carrier will be issued a Remote Air Carrier Certificate.

(b) A person who is not authorized to conduct remote air carrier operations, but who is authorized by the Administrator to conduct remote operations as a U.S. commercial operator, will be issued a Remote Operating Certificate.

(c) No person may operate as a remote air carrier or as a remote commercial operator without, or in violation of, an appropriate certificate and appropriate operations specifications. No person may operate as a remote air carrier or as a remote commercial operator in violation of

(d) No person may operate as a direct air carrier without holding appropriate economic authority from the Department of Transportation.

(e) A certificate holder under this part may not operate aircraft under this part in a geographical area unless its operations specifications specifically authorize the certificate holder to operate in that area.

(f) No person may advertise or otherwise offer to perform an operation subject to this part unless that person is authorized by the Federal Aviation Administration to conduct that operation.

(g) No person may operate an aircraft under this part in violation of a remote air carrier certificate, remote operating certificate, or appropriate operations specifications issued under this part.

§108.XX Operations specifications. (From §119.7)

(a) Each remote certificate holder's operations specifications must contain -

(1) The authorizations, limitations, and certain procedures under which each kind of operation, if applicable, is to be conducted; and

(2) Certain other procedures under which each class and size of aircraft is to be operated.

(b) Except for operations specifications paragraphs identifying authorized kinds of operations, operations specifications are not a part of a certificate.

§108.XX Safety Management Systems. (From §119.8)

1. A person applying to the Administrator for a remote air carrier certificate or a remote operating certificate to conduct operations under this part must demonstrate, as part of the application process, that it has an SMS that is acceptable to the Administrator.

§108.XX Use of business names. (From §119.9)

(a) A certificate holder under this part may not operate an aircraft under this part using a business name other than a business name appearing in the certificate holder's operations specifications.

(b) No person may operate an aircraft under this part unless the name of the certificate holder who is operating the aircraft, or the air carrier or operating certificate number of the certificate holder who is operating the aircraft, is legibly displayed on the aircraft and is clearly visible and readable from the outside of the aircraft to a person standing on the ground at any time except during flight time. The means of displaying the name on the aircraft and its readability must be acceptable to the Administrator.

§108.XX Applicability of Operating Requirements to Different Kinds of Operations Under Parts 121, 125, and 135 of This Chapter (From Part 119 Subpart B)

§108.XX Commercial operators engaged in intrastate common carriage and direct air carriers. (From § 119.21)

§108.XX Operators engaged in passenger-carrying operations, cargo operations, or both with airplanes when common carriage is not involved. (From § 119.23)

§108.XX Rotorcraft operations: Direct air carriers and commercial operators. (§ 119.25)

§108.XX General Requirements. (From § 119.33)

(a) A person may not operate as a remote air carrier unless that person -

(2) Obtains a Remote Air Carrier Certificate; and

(3) Obtains operations specifications that prescribe the authorizations, limitations, and procedures under which each kind of operation must be conducted.

(b) A person other than a remote air carrier may not conduct any commercial cargo aircraft operation for compensation or hire under this part unless that person -

(1) Is a citizen of the United States;

(2) Obtains an Operating Certificate; and

(3) Obtains operations specifications that prescribe the authorizations, limitations, and procedures under which each kind of operation must be conducted.

(c) Each applicant for a remote air carrier or remote operating certificate under this part and each applicant for operations specifications authorizing a new kind of operation shall conduct proving tests as authorized by the Administrator during the application process for authority to conduct operations under this part. All proving tests must be conducted in a manner acceptable to the Administrator. All proving tests must be conducted under the appropriate operating and maintenance requirements of this part that would apply if the applicant were fully certificated. The Administrator will issue a letter of authorization to each person stating the various authorities under which the proving tests shall be conducted.

§108.XX Certificate application requirements for all operators. (From § 119.35)

§108.XX Additional certificate application requirements for commercial operators. (From § 119.36)

(a) Each applicant for the original issue of an operating certificate for the purpose of conducting intrastate common carriage operations under this part must submit an application in a form and manner prescribed by the Administrator to the responsible Flight Standards office.

(b) Each application submitted under paragraph (a) of this section must contain a signed statement showing the following:

(1) For corporate applicants:

(i) The name and address of each stockholder who owns 5 percent or more of the total voting stock of the corporation, and if that stockholder is not the sole beneficial owner of the stock, the name and address of each beneficial owner. An individual is considered to own the stock owned, directly or indirectly, by or for his or her spouse, children, grandchildren, or parents.

(ii) The name and address of each director and each officer and each person employed or who will be employed in a management position described in paragraph XX for “Management Personnel”, as applicable.

(iii) The name and address of each person directly or indirectly controlling or controlled by the applicant and each person under direct or indirect control with the applicant.

(2) For non-corporate applicants:

(i) The name and address of each person having a financial interest therein and the nature and extent of that interest.

(ii) The name and address of each person employed or who will be employed in a management position described in paragraph XX for “Management Personnel”, as applicable.

(c) In addition, each applicant for the original issue of an operating certificate under paragraph (a) of this section must submit with the application a signed statement showing -

(1) The nature and scope of its intended operation, including the name and address of each person, if any, with whom the applicant has a contract to provide services as a commercial operator and the scope, nature, date, and duration of each of those contracts.

(d) Each applicant for, or holder of, a certificate issued under paragraph (a) of this section, shall notify the Administrator within 10 days after -

(1) A change in any of the persons, or the names and addresses of any of the persons, submitted to the Administrator under paragraph (b)(1) or (b)(2) of this section.

§108.XX Contents of a Remote Air Carrier Certificate or Remote Operating Certificate. (From § 119.37)

The Remote Air Carrier Certificate or Remote Operating Certificate includes -

(a) The certificate holder's name;

(b) The location of the certificate holder's principal base of operations;

(c) The certificate number;

(d) The certificate's effective date; and

(e) The name or the designator of the responsible Flight Standards office.

§108.XX Issuing or denying a certificate. (From § 119.39)

(a) An applicant may be issued a Remote Air Carrier Certificate or Remote Operating Certificate if, after investigation, the Administrator finds that the applicant -

(1) Meets the applicable requirements of this part;

(2) Holds the economic authority applicable to the kinds of operations to be conducted, issued by the Department of Transportation, if required; and

(3) Is properly and adequately equipped in accordance with the requirements of this chapter and is able to conduct a safe operation under appropriate provisions of this part and operations specifications issued under this part.

§108.XX Amending a certificate. (From § 119.41)

§108.XX Certificate holder's duty to maintain operations specifications. (From § 119.43)

§108.XX Maintaining a principal base of operations, main operations base, and main maintenance base; change of address. (From § 119.47)

§108.XX Contents of operations specifications. (From § 119.49)

§108.XX Amending operations specifications. (From § 119.51)

§108.XX Wet leasing of aircraft and other arrangements for transportation by air. (From § 119.53)

§108.XX Obtaining deviation authority to perform an emergency operation. (From § 119.57)

§108.XX Conducting tests and inspections. (From § 119.59)

§108.XX Duration and surrender of certificate and operations specifications. (From § 119.61)

§108.XX Recency of operation. (From § 119.63)

§108.XX Management personnel required for operations conducted under this part. (From § 119.69)

§108.XX Management personnel: Qualifications for operations conducted under this part. (From § 119.71)

§108.XX (NEW) Flight supervisory personnel that may be designated for operations conducted under this part.

(a) In the case of certain highly automated systems, responsibility for the operation of more than one aircraft simultaneously may be assigned to a designated Remote Flight Operations Supervisor.

When designated by a Remote Air Carrier certificate holder or a Remote Commercial Operations certificate holder, the Remote Flight Operations Supervisor;

? Must be designated before the flight(s) over which they are assigned responsibility;

? Must have an assigned and specific scope of responsibility that may be defined as a geographic area or through the assignment of a set of specific aircraft registration numbers;

? Is directly responsible for and is the final authority as to the operation of aircraft for which they have been assigned responsibility;

? Ensures that the small, unmanned aircraft will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the small unmanned aircraft for any reason.

? Ensures that the aircraft complies with all applicable regulations of this chapter.

§108.XX (New) Flight supervisory personnel: Qualifications for operations conducted under this part.

§108.XX Employment of former FAA employees. (From § 119.73)

Subpart F - Operating Requirements: Remote Air Carriers and Remote Commercial Operators

§108.XX Risk Class and Type of Operations

Subpart G - Agricultural Remote Aircraft Operations

§108.XX Risk Class and Type of Operations (Taken from Part 137)

Other - 3PSP (Third Party Service Provider)

§108.XX Issuance of a 3PSP Certificate

(1) Applicability

(a) This regulation is applicable to a person who applies for a 3rd Party UAS Service Provider Certificate.

(2) Minimum performance requirements

(a) A 3rd Party UAS Service Provision Certificate will be issued by the FAA to a person who makes a declaration of compliance to an FAA accepted means of compliance.

§108.XX 3PSP Certificate Eligibility

(a) Eligibility. Any 3PSP may apply for a certificate to provide a service identified in an acceptable means of compliance.

(b) Application. The 3PSP will submit an application for a certificate as prescribed by the Administrator.

(c) Declaration of Compliance. The 3PSP will submit a declaration of compliance to the means of compliance as prescribed by the Administrator.

(d) Required Information. All material required by an accepted means of compliance must be prepared and submitted or archived as required by the means of compliance.

Changes to Part 107

§ 107.31 - Expand Visual Line of Sight Aircraft Operation to Include Extended Visual Line of Sight

(1) With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one or more are used), or the person manipulating the flight control of the small uncrewed aircraft system must be able to see the uncrewed aircraft throughout the entire flight in order to:

(a) Know the uncrewed aircraft's location;

(b) Determine the uncrewed aircraft's attitude, altitude, and direction of flight;

(c) Monitor the airspace for other air traffic or hazards; and

(d) Determine that the uncrewed aircraft does not endanger the life or property of another.

(2) Throughout the entire flight of the small uncrewed aircraft, the ability described in paragraph (a) of this section must be exercised by either:

(a) The remote pilot in command and the person manipulating the flight controls of the small uncrewed aircraft system; or

(b) A visual observer.

(3) The remote pilot in command, the visual observer (if one is used), and the person manipulating the controls are relieved from the requirement of seeing the uncrewed aircraft throughout the entire flight if they are able to:

(a) Know the uncrewed aircraft's location;

(b) Determine the uncrewed aircraft's attitude, altitude, and direction of flight;

(c) Observe the airspace for other air traffic or hazards; and

(d) Determine that the uncrewed aircraft does not endanger the life or property of another.

(4) To be relieved of the requirement to see the uncrewed aircraft per subsection (c), the uncrewed aircraft must not be flown more than three statute miles away from the remote pilot in command, the visual observer (if one is used), or the person manipulating the controls, and the remote pilot in command, the visual observer (if one is used), or the person manipulating the controls must:

(a) Receive training on and be permitted to operate an aviation radio; and

(b) Monitor aviation frequencies for nearby air traffic.

§ 107.33 Visual observer.

If a visual observer is used during the aircraft operation, all of the following requirements must be met:

(1) The remote pilot in command, the person manipulating the flight controls of the small uncrewed aircraft system, and the visual observer must maintain effective communication with each other at all times.

(2) The remote pilot in command must ensure that the visual observer is able to see the uncrewed aircraft in the manner specified in § 107.31.

(3) The remote pilot in command, the person manipulating the flight controls of the small uncrewed aircraft system, and the visual observer must coordinate to do the following:

(a) Scan the airspace where the small uncrewed aircraft is operating for any potential collision hazard; and

(b) Maintain awareness of the position of the small uncrewed aircraft through direct visual observation.

(4) The remote pilot in command, the person manipulating the flight controls of the small uncrewed aircraft system, and the visual observer are relieved from subsections (b) and (c) if the flight is conducted in compliance with 107.31(c) and (d).

§ 107.37 Operation near aircraft; right-of-way rules.

(1) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.

(2) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.

(3) UA operating within 100 feet of a structure have right of way over all other aircraft.

Changes to Part 91 - Crewed Aircraft Operations

§ 91.103 - Pre-Flight Actions for Remote Pilots in Command (RPIC)

For a BVLOS UA flight under AFR and a flight not in the vicinity of an airport, the remote pilot in command will take appropriate steps to confirm conditions for safe operation and safe launch and landing areas by consulting relevant information, which may include weather station information, systems, and sensors on-aircraft and other flight support systems.

§ 91.113 Right-of-way rules: Except for water operations.

§ 91.113(b)

General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules, visual flight rules, or automated flight rules vigilance shall be maintained by each person operating an aircraft so as to see detect and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless able to maintain adequate separation well clear.

§ 91.113 (d)(4)

Uncrewed Aircraft Conducting BVLOS in Shielded Operations have right of way over all other aircraft.

§ 91.113(h)

Uncrewed Aircraft Conducting BVLOS Operations Below 500 ft AGL.

(1) Uncrewed Aircraft with a maximum kinetic energy of no more than 800,000 ft.-lbs. must yield right of way to all aircraft that are equipped with an ADS-B out as specified in 14 CFR § 91.225 or TABS.

(2) The UA must:

be equipped with an FAA-approved or accepted detect and avoid system that can detect ADS-B or TABS equipped aircraft or can detect all aircraft using another means

Notify other aircraft of their operation through the use of a NOTAM or other means accepted by the FAA.

Be approved in accordance with 14 CFR Part 108.XX.

(3) The UA operator must:

? For operations in controlled airspace, prior authorization from the airspace controlling facility must be obtained

? For operations in uncontrolled airspace, the UA operator must coordinate with the airport operator for operations within 3 nautical miles for public airports

? For operations in uncontrolled airspace, the UA operator must coordinate with the heliport operator for operations within ? nautical mile of the published heliport.

§ 91.119 – Minimum Safe Altitudes - General

(1) Helicopters, powered parachutes weight-shift-control, and uncrewed aircraft. If the operation is conducted without hazard to persons or property on the surface -

(2) A UA may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided those operations are done in accordance with 14 CFR 108.XX

Changes to Part 21 - Type Certification

§21.175b – Special Airworthiness Certification for Uncrewed Aircraft

Special airworthiness certificates are primary, restricted, limited, light-sport, uncrewed aircraft systems and provisional airworthiness certificates, special flight permits, and experimental certificates.

Changes to Part 1 - Definitions

§1.1 General Definitions

Pilotage. Navigation by visual reference to landmarks or in the case of UAS by remote or electronic means.

Third-Party Service Provider (3PSP). A person (as defined by 14 CFR 1.1) that is not an applicant, as defined by the FAA and Industry Guide to Product Certification”, offering services and/or Associated Elements as a Third-Party Service to a UAS operator

Uncrewed aircraft system service supplier (USS) is a person qualified by the Administrator to provide aviation-related services to uncrewed aircraft systems.

UTM Services are a set of automated functions and digital services designed to support safe, efficient, and secure access to airspace for UAS. A list of 3PSP UTM services is provided in Table 2 "PART 14 CFR § 91.xxx (or new UAS BVLOS operating rule) – UAS Service Supplier performance requirements.

Declaration of compliance means a record submitted to the FAA by the 3PSP to attest that all the requirements of the applicable regulation have been met.

Network remote identification service is a service that ensures the remote identification of the operator throughout the flight. It shares the registration number of UAS operators as well as further details about their flights (speed, height, course) with authorized users (citizens, authorities, air traffic services).

Service level agreement (SLA) means the agreement between the 3PSP and the UAS operator covering the safety, performance, service area, and security of the 3rd Party UAS Service provision as required for the UAS operator’s intended operations.

Shielded Area is a volume of airspace that includes 100’ above the vertical extent of an obstacle or critical infrastructure and is within 100 feet of the lateral extent of the same obstacle or critical infrastructure as defined in 42 U.S.C. § 5195c. A Shielded Operation is a UAS BVLOS operation within a Shielded Area.

Traffic information service informs UAS operators about other air traffic (both crewed and uncrewed) that may be present in proximity to their UAS.

Automated Flight Rules (AFR) for UAS BVLOS operations

AFR Level 1 - A manual system. Direct monitoring and human interface are necessary and intended for the vast majority of the flight. The aircraft may have some automated features (e.g., auto hover, “return to home”), but the human remote pilot has direct control over the aircraft’s flight control surfaces and is actively controlling the aircraft state during all phases of flight.

AFR Level 2 - ?Increased automation. Human remote pilots are responsible for the flight of assigned aircraft and are expected to directly monitor and maintain situational awareness for the flight(s) under their control. During AFR Level 2 operations, human intervention is possible but not required for certain aspects of the operation, such as to abort a mission or trigger a non-normal 42 response. The Remote Pilot is directing the aircraft through a software interface and does not directly manipulate flight control surfaces. The pilot may also program or direct routes, altitudes, and contingency procedures through the software interface.?

AFR Level 3 - Represents extensive automation, similar to the capabilities of existing on-demand delivery operations. While AFR Level 3 operations may not require human intervention to operate successfully, they may accommodate human supervision and intervention. For the human RFOS or Remote Pilot, such accommodation may include monitoring operations in an area or sector, coordinating and executing exception management functions, and the pausing or halting of operations in response to changing conditions. When AFR Level 3 operations are used to support substantially scaled 1-to-many operations, the ARC expects that such operations will be conducted by the holder of an Air Carrier certificate or a Commercial Operating Certificate.

AFR Level 4 - Represents a state of ultimate automation. AFR Level 4 flight (and in some cases, ground) operations are handled completely by the automation, with no provision for human intervention during both nominal and off-nominal operations. AFR Level 4 operations are assumed to be at very high volumes/scale to the extent that no human pilot could maintain the situational awareness necessary to effectively and safely intervene. The ARC has stipulated AFR Level 4 as a future state and has not assigned attributes to this state.

Future Considerations

In the course of its deliberations, the ARC identified certain issues that should be considered for rulemaking initiatives but were beyond the ARC’s purview. The issues listed below are topics that future ARCs should address. Much of the information was developed by Phase 2 Working Group 2.5 as part of their analysis of Automated Flight Rules to facilitate BVLOS operations.

1. Droneports

Operations near airports in Class G airspace will be necessary and vital as UA operations expand, including within the Mode C veil and under the controlled airspace. The ARC encourages the FAA to examine public airports and published heliport integration for UAS.

2. Air Traffic Control Services for Uncrewed Aircraft

Although out of scope, the ARC considers that as AFR operations expand in the future, the ATC system will need to evolve to accommodate the expected mix of crewed and uncrewed aircraft in the NAS.

3. First Person View

FPV technology has advanced dramatically over the last five years, and FPV is expanding beyond recreational use. The FAA should consider FPV regulations that are suitable for the missions and consistent with this ARC’s recommendations. For example, aircraft type certification should not be required where the pilot is manually controlling the FPV UAS. However, type-certified aircraft, pilot certification, and some type of practical testing could be considered as the mission complexity and risks increase. A robust regulatory regime will help to accelerate innovation, improve safety, and optimize productivity.

4. Operations – Non-Compliance

Volume 14 of FAA Order 8900.1 covers the Flight Standards Compliance and Enforcement policies and procedures. The ARC did not identify any reasons to change the language, policies, and procedures currently being used for traditional aviation. If a UA or GA operator does something that poses a safety risk, they should be held responsible for any consequences of that action. However, the ARC encourages the FAA and the states to consider requirements for aviation liability insurance.

5. Urban Air Mobility (UAM)

UAM is beyond the scope of the ARC, but the ARC recognizes the significant attention that UAM is receiving from FAA and Congress, and recognizes that UAS and UAM could present some complementary regulatory policy issues.

New Third Party Service Provider (3PSP) Types

Remote ID USS - Remote ID USS means a USS qualified by the Administrator to provide remote identification services.

Strategic Deconfliction USS - Strategic Deconfliction USS means a USS qualified by the Administrator to provide Strategic Deconfliction services.

Constraint USS - Constraint USS means a USS qualified by the Administrator to provide Constraint services.

Conformance Monitoring USS - Conformance Monitoring USS means a USS qualified by the Administrator to provide Conformance Monitoring services

Operational Planning and Authorization USS - Operational Planning and Authorization USS mean a USS qualified by the Administrator to provide Operational Planning and Authorization services.

C2 Communication Service Provider (CSCSP) - C2 Link. The data link between the uncrewed aircraft and the control station for the purposes of managing the flight. C2 Link communication service provider (C2CSP). An entity that provides a portion of, or all, the C2 Link service for the operation of a UAS.

Detect and Avoid Service Provider (DAASP) - Detect and Avoid (DAA) - A service providing the situational awareness, alerting, and avoidance necessary to maintain safe BVLOS operation of the ownship in the presence of intruders. DAA Service Provider (DAASP). An entity that provides a portion of, or all, the DAA service for the operation of a UAS. A UAS operator may also be its own DAASP

Read the Full BVLOS ARC Report Here