FAA Proposed Rule on Drones Operating Beyond Visual Line of Site Expected Imminently, Speculation of Content Worrisome
The Federal Aviation Administration’s proposed rule allowing drones to operate beyond visual line of site is expected to be released at any time, possibly even today, according to aviation industry experts. NAAA has been following the development of this rule for quite some time and has been in ongoing communication with the agency to ensure uncrewed aircraft systems (UAS), or drones, are integrated into the low-altitude airspace safely in a manner that protects crewed aircraft such as ag aircraft; does not compromise the current golden rule of aviation that larger, manned aircraft be given right-of-way over drones; and that no unnecessary, burdensome and untested equipage be required for manned ag aircraft. An executive order issued by the Trump Administration last month directs the FAA to release such a proposed rule by July 6th, with a final rule established by February 1, 2026.
Rumors are circulating, based on conversations with FAA leaders familiar with the BVLOS rulemaking, that changes to the 14 CFR § 91.113 regulation dealing with aircraft yielding right-of-way are expected to include a requirement that ADS-B and/or another form of electronic conspicuity will be required for crewed aircraft if drones are to be required to give right of way to them. This requirement is similar to the 2022 FAA UAS BVLOS aviation rulemaking committee (ARC) recommendation that was top-heavy with drone interests. General aviation groups, including the NAAA were adamantly against this recommendation, in addition to a recommendation by the ARC that drones operating in shielded areas, defined as 100 lateral and vertical feet of structures (natural or man-made such as trees, towers, rail rights-of-way, etc.) are shielded from having to equip with ADS-B or having to give right-of-way to manned aircraft. Click here to read NAAA’s comments to the FAA opposing these recommendations included in the 2022 FAA UAS BVLOS ARC.
NAAA was instrumental in including language within last year’s enacted FAA reauthorization bill that the agency ensure the safety of manned aircraft as part of developing its UAS BVLOS regulations. Moreover, NAAA’s Board, via its Uncrewed Aerial Application Systems Committee, unanimously passed a motion that drones must always provide right-of-way to manned aircraft. The Committee includes multiple members representing drone manufacturers and operators.
NAAA will be participating in a national aviation town hall meeting in Missouri with congressional and federal representatives, in addition to U.S. general aviation leaders, and will register any concerns it has with the UAS BVLOS rulemaking that compromises the safety of manned aircraft. NAAA will respond to the rulemaking with comments to the FAA voicing the interests of the aerial application industry. In addition, NAAA will provide draft comments to individual members in the industry to work from to submit their own comments to the FAA on the proposed rule.