UAS “Advanced Operations” Exemptions: Update

Earlier this month, this eNewsletter published UAS “Advanced Operations” Exemptions: The New Normal, highlighting the new wave of UAS Part 137 exemptions flowing from precedent set in the recently granted Hylio Exemption. Specifically, these “Advanced Operations” permit operation of up to three UAS simultaneously under one operator, during night and without visual observers (VOs), within visual line of sight of the pilot in command.

Since that article was published, NAAA noticed that several recently granted exemptions included provisions for these “Advanced Operations,” even though the petitioner did not request them.

Upon seeking clarification from FAA on this matter, NAAA learned that all new UAS Part 137 exemptions and renewals will include the option to conduct swarming (up to 3), night and no-VO operations. In other words, this is the new normal.

NAAA will continue to take every opportunity to comment on petitions (wherein public notice is issued) which might compromise the safety of crewed Part 137 operators. However, it seems that FAA does not care to solicit comments related to airspace safety from aviation organization’s such as NAAA that has a legitimate concern for agricultural UAS as a collision risk to crewed aircraft.

In a recently granted exemption to Guardian Agriculture, FAA largely discounted NAAA’s concerns of collision risk, stating “aviation is a highly regulated industry and there are processes and procedures in place to reduce the risk of a collision.” They further assert that a UAS is “significantly more visible than birds and high voltage wires.” Their reasoning also cites limiting the area of operation to “low-altitude, low-risk, Class G airspace” and that it is “unlikely that a manned operation will occur over the same field as the UAS operation since the farmer typically pays for the chemicals and is unlikely to pay for a second application on the same day at the same time.”

In another recently granted exemption to American Drone, FAA elected to ignore all public comments, including NAAA’s. While they did post the petition in the Federal Register and received several comments, the exemption was granted without evaluation of the comments by citing the above-mentioned Hylio Exemption.

NAAA remains deeply concerned with the collision risk presented by the growing fleet of agricultural UAS, particularly with the cascade of regulatory relief permitting UAS to be operated with fewer and fewer eyes on them (with swarming and no-VO operations). These operators and the FAA are leaning heavily on high levels of automation to mitigate collision risk, and it is yet unclear how safety will be impacted over time. What is clear, however, is that these risks are viewed much differently from inside the cockpit.