Executive Orders Pushing FAA for Expedited BVLOS Rulemaking
On June 6th, the White House issued the Executive Order (EO) Unleashing American Drone Dominance, which is aimed at accelerating the safe integration of uncrewed aircraft systems (UAS) into the National Airspace System through rulemaking that enables routine advanced operations. In addition, this EO stresses to all agencies to prioritize integration of UAS manufactured in the United States over those made abroad.
This EO specifically directs the FAA to issue a proposed rule enabling routine beyond visual line of sight (BVLOS) operations for UAS for commercial and public safety purposes by July 6th, with a final rule to be published by February 1, 2026. It also directs the FAA to establish clear metrics for assessing the performance and safety of BVLOS operations by July 6th. In short, it appears that BVLOS rulemaking (expected as the new 14 CFR Part 108) is imminent and based on communications with partner industries it is expected that the period for public comment will be as short as 30 days. NAAA is monitoring the situation closely and will provide its membership with draft comments as early as practicable so that they may be used to aid members by submitting their own comments. This will occur in the middle of the busy season for many in the industry, but it will be critical to demonstrate the safety implications of this rulemaking to FAA.
Another concerning mandate to FAA in this EO is the direction to initiate the deployment of artificial intelligence (AI) tools to assist in and expedite the review of UAS waver applications under Part 107.
Also on June 6th, the White House issued the EO Restoring American Airspace Sovereignty, which focuses on unlawful use of UAS and counter-UAS measures. This EO paves the way for State, local, tribal and territorial (SLTT) agencies to receive grants for purchasing equipment or services for the detection, tracking or identification of drone signals. It also directs FAA to provide automated real-time access to personal identifying information associated with UAS Remote ID signals to appropriate executive departments/agencies and SLTT agencies for the purpose of enforcing applicable Federal or State law.
While the specifics of how this will all shake out is unclear, what is clear is that the political foot is on the accelerator for advancing integration of UAS into the National Airspace System. As always, NAAA will stay abreast of any rulemaking activities ensuing from these EOs and will respond in the interests of the aerial application industry.