Proposed drone rule seeks right-of-way changes

The FAA’s proposed rule states that it is “intended to provide a predictable and clear pathway for safe, routine, and scalable UAS operations that include package delivery, agriculture, aerial surveying, civic interest, operations training, demonstration, recreation, and flight testing.”

The arrival of the proposal to create FAR Part 108, governing the operation of drones flown beyond visual line of sight, or BVLOS, includes changes to Part 91 right-of-way requirements. The 647-page document was posted for public inspection ahead of its planned August 7 publication in the Federal Register, which will open a 60-day comment period.

The FAA noted in the proposal that the agency “considered mandating ADS-B Out for all operations below 500 feet for manned aviation operators but decided that was not tenable due to the additional cost and burden that would impose. However, FAA plans to define new requirements for a portable low-cost electronic conspicuity (EC) device that could be used by manned aviation operators solely to retain right-of-way over a part 108 UA.”

Hailed by Transportation Secretary Sean P. Duffy as “unleashing American drone dominance,” the rulemaking proposal would enable drones to deliver goods, survey crops, conduct search and rescue, and perform other missions within the national airspace system that are not allowed today without a waiver.

“While AOPA supports the safe integration of drones into the NAS, we will closely evaluate the proposal and provide comments,” said AOPA President Darren Pleasance. “Our focus will be on safety, right-of-way rules, and potential equipment requirements.”

As drafted, the FAA proposal would preserve the right of way now granted to so-called “non-cooperative” manned aircraft (those not broadcasting position information) only when they are operating to or from airports and heliports, within Class B or C airspace, or over densely populated areas.

The rule states, “UA operating under part 108 would be required to yield to all manned aircraft broadcasting their position using ADS-B or electronic conspicuity equipment, and those operating in specific locations.”

Those “specific locations” where drones would be required to be able to detect and give way to manned aircraft not broadcasting ADS-B or similar approved signals generally include controlled airspace around busy airports, and cities.

The proposed rule would ban drone flights over open-air assemblies, which are not specifically defined in the text but considered by the FAA on a case-by-case basis. Depending on how many people are present, a beach or a picnic area could both qualify as “an open-air assembly of persons.”

The FAA’s proposal also calls for retaining the long-established limit on Part 107 operations that requires drones to remain at or below 400 feet above the ground (except in proximity to structures, where the drone must remain within 400 feet of the highest part of the structure, or within controlled airspace where lower altitude limits are imposed).