waivers Archives - FLYING Magazine https://cms.flyingmag.com/tag/waivers/ The world's most widely read aviation magazine Mon, 22 Jan 2024 16:39:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 DroneUp Latest Firm Approved to Fly Drones Beyond Line of Sight https://www.flyingmag.com/droneup-latest-firm-approved-to-fly-drones-beyond-line-of-sight/ Mon, 22 Jan 2024 16:39:07 +0000 https://www.flyingmag.com/?p=193421 The drone delivery company will no longer be required to have a pilot or visual observer watch its aircraft in the sky.

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Longtime Walmart partner DroneUp has joined a select group of drone delivery firms with expanded permissions from the FAA.

The drone delivery and logistics company announced Thursday that the regulator has approved it for flight beyond the visual line of sight (BVLOS) of the operator, making it one of a handful of companies with a BVLOS waiver for medical deliveries.

“Securing BVLOS approval is a testament to our dedication to safety and innovation,” said DroneUp CEO Tom Walker. “We have some significant technologies coming out of stealth this year, which when combined with BVLOS, will unlock commercial scalability that the industry and our customers have been eagerly awaiting.”

For safety reasons, the FAA requires drone flights to be visually monitored by the operator. However, the agency occasionally awards waivers that enable BVLOS flights with certain restrictions, such as visual observers (VOs) stationed along the route. 

A handful of firms—including another medical drone delivery company, Zipline—advanced past that stage in September, receiving FAA approval to remove VOs as well. DroneUp’s Part 107 waiver requires one or more VOs to monitor for other aircraft in the airspace within 2 sm of the drone. But they won’t need to maintain a visual on the drone itself.

“Our ability to fly BVLOS propels us into the next level of using drone technology, undoubtedly enhancing the efficiency of medical deliveries, ensuring that crucial supplies reach healthcare facilities and patients promptly,” said John Vernon, chief technology officer of DroneUp.

DroneUp said its waiver allows it to immediately begin flying BVLOS for Riverside Health System, a customer with facilities spread throughout Virginia. According to the company, the approval will also clear a path for BVLOS deployments across the country with new and existing customers.

Two other Walmart drone delivery partners—Zipline and Wing, the drone delivery arm of Google parent Alphabet—have similarly expanded their BVLOS permissions as the massive retailer scales its network.

Wing is one of the first drone delivery firms to leverage what the FAA calls a summary grant. Essentially, these are streamlined authorizations for “copycat” companies with similar infrastructure, aircraft, and technology to those who have already been approved. Wing, for example, piggybacked off of Zipline’s BVLOS waiver.

Zipline, UPS Flight Forward, Phoenix Air Unmanned, and uAvionix were the four firms in the FAA’s initial cohort of BVLOS recipients named last year. The agency carefully selected each company in order to open summary grants to a variety of industries. Zipline’s waiver, for example, provides a framework for BVLOS medical drone delivery, while UPS Flight Forward’s does the same for parcel drone delivery.

DroneUp—like Zipline, Wing, and other waiver recipients—says its approval could substantially reduce operational costs by cutting down on required human resources. The authorization could also expand the firm’s operations: Humans will no longer be required to visually observe its drones, creating the potential for longer routes.

Waivers such as DroneUp’s will help the FAA learn more about BVLOS operations as the regulator works to develop a final BVLOS rule. So far, the agency has convened a committee of industry stakeholders and studied its final recommendations. But there is still no firm timeline for an official set of industrywide BVLOS regulations.

In lieu of a final rule, expect the FAA to continue issuing BVLOS waivers and summary grants, which will give certain communities a glimpse of what drone delivery may look like at scale. DroneUp and Walmart currently fly out of 36 hubs in seven states, so perhaps yours will be next.

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Zipline Drone Delivery Secures Latest BVLOS Approval in Wave of FAA Exemptions https://www.flyingmag.com/zipline-drone-delivery-secures-latest-bvlos-approval-in-wave-of-faa-exemptions/ https://www.flyingmag.com/zipline-drone-delivery-secures-latest-bvlos-approval-in-wave-of-faa-exemptions/#comments Tue, 19 Sep 2023 21:36:27 +0000 https://www.flyingmag.com/?p=180522 The agency also approved UPS Flight Forward, uAvionix, and Phoenix Air Unmanned for extended operations.

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Drone delivery’s top dog just added a bark to its bite.

Zipline—whose 750,000 deliveries and 50 million autonomous miles flown to date arguably make it the industry’s undisputed titan—on Tuesday received FAA authorization to remove visual observers (VOs) from its beyond visual line of sight (BVLOS) operations. The firm, which has already taken a massive bite out of the global drone delivery market share, now adds a key operational approval that could make its service more scalable and affordable.

The approval, which follows similar BVLOS exemptions for UPS Flight Forward, uAvionix, and Phoenix Air Unmanned, extended Zipline’s Part 135 air carrier approval, obtained last year. It will allow the company to complete commercial package deliveries without VOs in Salt Lake City, and Bentonville, Arkansas. The new exemption will expire in September 2025.

The approved operations will make use of Zipline’s Sparrow drone, which releases packages using a parachute. Data from those activities will help inform FAA policy and rulemaking on a final BVLOS rule, which may still be more than a year away.

Almost all long-range drone delivery flights in the U.S. require VOs stationed on the ground to monitor the airspace along the route. Removing them could save Zipline money and open new routes, extending the firm’s dominance in the young industry. The company said it will fly without VOs in the U.S. later this year.

“Today we use 4,000 pound gas combustion vehicles driven by humans to do billions of deliveries across the country,” said Keller Rinaudo Cliffton, CEO and co-founder of Zipline. “It’s expensive, slow, and bad for the environment. This decision means that we can start to transition delivery to solutions that are 10 [times] as fast, less expensive, and zero emission. It means that Zipline hubs across the country can now go from serving a few thousand homes to serving hundreds of thousands of homes each year and millions of people, which will save time, money, and even lives.”

Zipline drones, or Zips, are equipped with a patented onboard acoustic detect-and-avoid (DAA) system that allows them to continuously monitor the airspace in real time. DAA relies on small, lightweight microphones to detect and avoid aircraft in all directions up to two miles away. Zips also use onboard ADS-B transponders to identify nearby aircraft, even in darkness or harsh weather.

Additionally, the drone’s safety system includes more than 500 preflight safety checks, strategic route design, and redundant flight-critical systems. Working with Zipline to rigorously test the Sparrow’s onboard systems and safety processes, the FAA deemed it safe to operate without VOs. It added that the exemption is “in the public interest.”

The agency in August told FLYING its recent BVLOS approvals will open the opportunity for more summary grants: essentially, streamlined approvals of “copycat” companies with similar infrastructure, aircraft, and technology to those who have already been approved.

It chose companies with four different use cases—medical delivery (Zipline), parcel delivery (Flight Forward), inspections (PAU), and flight systems development (uAvionix)—because each clears the path to exemptions for firms serving those industries. A medical drone delivery company, for instance, could look to Zipline’s approval as a checklist for its own operational requirements.

“We applaud the FAA for taking a major step to integrate autonomous drone delivery into the airspace,” said Okeoma Moronu, head of global aviation regulatory affairs for Zipline. “This will enable more commerce, new economic opportunities, and greater access for millions of Americans.”

Zipline’s authorization comes with 95 different conditions. Among them, Zipline must fly Sparrow below 400 feet; maintain a list of all components in the aircraft; submit a collision and avoidance plan for all operational locations; and require pilots in command to steer the drone well clear of manned aircraft and other drones, among other limitations. The requirements mirror those the FAA outlined for the other three recipients.

Like the others, Zipline’s petition garnered widespread support from the industry. Groups in favor of the requested permissions included the North Carolina Department of Transportation, a longtime partner; Small UAV Coalition; General Aviation Manufacturers Association (GAMA); Commercial Drone Alliance (CDA); and Association for Uncrewed Vehicle Systems International (AUVSI), which on Tuesday put out a statement praising the FAA’s decision.

“Zipline has proven its ability to provide critical services to the public with the highest degree of safety,” said Michael Robbins, chief advocacy officer of AUVSI. “We commend the FAA for issuing this approval, which will address key needs in the health care and commercial delivery sectors. The approval demonstrates the forward momentum of the U.S. commercial drone industry. As BVLOS exemptions become commonplace, it will unlock time-sensitive delivery, support health systems’ reach to patients, and address equity gaps. Americans nationwide will benefit from this new future of healthcare logistics.”

The Air Line Pilots Association, International (ALPA) and National Agricultural Aviation Association (NAAA), however, had a few gripes. Specifically, they contended Zipline did not submit enough evidence that DAA would provide an equivalent level of safety to VOs. The FAA disagreed, arguing the system combined with the required conditions will be sufficient.

Zipline to date has flown more than 50 million commercial autonomous miles, completing three-quarter of a million deliveries without a major safety incident. In other countries, it has flown without VOs for years and learned plenty from those operations.

The company launched in Rwanda, where it faced lower regulatory barriers than in the U.S., in 2016. The country gave Zipline a proving ground for its technology, and it’s since launched operations in Ghana, Kenya, Nigeria, and the Ivory Coast.

Zipline began servicing the U.S. in 2020, delivering medical supplies and personal protective equipment to hospitals at the start of the COVID-19 pandemic. Since then, it’s been flying in Arkansas since 2021 and in North Carolina and Utah since 2022.

The company owns a Part 135 air carrier certificate that gives it a longer range than just about any drone delivery provider in the country—its Zips can travel up to 140 miles on a single round trip. Its first-generation Platform 1 system operates on three continents and makes a delivery every 70 seconds.

The game-changer, however, will be Platform 2 (P2), a new model announced in March that already has several U.S. customers, including OhioHealth, Michigan Medicine, Sweetgreen, and GNC.

P2 Zips will fly more than 300 feet above the ground. Upon arriving at the customer’s location, they will continue hovering at that altitude, lowering cargo to the ground with a delivery “droid” attached to a tether. The smaller droid can autonomously reorient and reposition itself in the air for precision deliveries to a front doorstep, patio table, or other tight space.

The system also includes infrastructure for businesses. Customers can add docking and charging nests to building exteriors and even install drone “drive-thru” windows, which allow store employees to load Zips on a sliding platform without having to leave the building.

The next-generation system is expected to enable hub-and-spoke deliveries within a 10-mile-service radius. But Zips could also be deployed in a network, traveling as far as 24 miles from dock to dock to enable greater scale. This is similar to the Delivery Network concept proposed by Alphabet drone delivery arm Wing, which calls for the aircraft to behave more like last-mile delivery vans, flying fluidly between locations.

Zipline said it is conducting high-volume flight tests of P2 this year. Its first customer deployment is expected next year.

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FAA Approves Beyond Visual Line of Sight Operations for 3 UAS Firms https://www.flyingmag.com/faa-approves-beyond-visual-line-of-sight-operations-for-3-uas-firms/ https://www.flyingmag.com/faa-approves-beyond-visual-line-of-sight-operations-for-3-uas-firms/#comments Wed, 06 Sep 2023 20:12:09 +0000 https://www.flyingmag.com/?p=178975 Phoenix Air Unmanned, UPS Flight Forward, and uAvionix each received authorization to fly drones without the watchful eye of a remote pilot.

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A trio of firms just received FAA authorization to fly unmanned aircraft systems (UAS) where their operators can’t see them.

The agency on Wednesday approved drone parcel delivery operator and UPS subsidiary Flight Forward and avionics provider uAvionix for UAS operations beyond the visual line of sight (BVLOS) of a remote pilot, opening the door to longer flights, new markets, and fewer restrictions on ground personnel. The authorizations follow the FAA’s granting of similar permissions to drone inspection provider Phoenix Air Unmanned (PAU) in August.

Flight Forward, uAvionix, PAU, and a fourth firm, medical drone delivery provider Zipline, initially requested BVLOS exemptions earlier this year. Their applications were published in the Federal Register for comment in May, drawing feedback from industry trade associations, aviation groups, and even rival companies. Zipline’s approval is expected to be announced in the coming weeks, the FAA told FLYING.

“The FAA is focused on developing standard rules to make BVLOS operations routine, scalable and economically viable,” the agency said in its announcement. “The agency chartered the BVLOS Aviation Rulemaking Committee on June 9, 2021, to provide safety recommendations to the FAA. We are reviewing their final report. The FAA’s long-term goal is to safely integrate drones into the National Airspace System rather than set aside separate airspace exclusively for drones.”

With the new authorizations, the FAA hopes to collect data that will inform its proposed rule on UAS BVLOS operations, also published in the Federal Register in May along with the four exemption requests. 

The agency also told FLYING companies that can recreate the approved firms’ operational conditions will now be able to obtain BVLOS approvals more quickly. It said it selected the four companies because each sought BVLOS waivers for different use cases: parcel delivery (Flight Forward), medical delivery (Zipline), inspections (PAU), and flight systems development (uAvionix).

Each use case opens a path to exemptions for companies with similar operations, allowing them to use the waivers as models for their own operations. For example, a company looking to deliver small packages might build around Flight Forward’s business.

“Our goal is to work towards summary grants as we continue towards rulemaking,” said David Boulter, FAA associate administrator for aviation safety, at the Commercial UAV Expo in Las Vegas on Wednesday.

Summary grants are essentially streamlined authorizations for “copycat” companies with similar infrastructure, aircraft, and technology to those who have already been approved.

What’s in the Approvals?

Flight Forward’s exemption authorizes the firm to conduct BVLOS small parcel deliveries using drone manufacturer Matternet’s M2 UAS. In lieu of visual observers—ground personnel stationed along the flight path to maintain a line of sight with the drone during flight—the company will now deploy remote operation centers across its network, using them to facilitate deliveries from tens or even hundreds of miles away.

The FAA revised some of Flight Forward’s requests relating to minimum safe altitudes, VFR visibility requirements, and pilot-in-command qualifications. But the company’s application was largely accepted as submitted.

The same can be said of uAvionix, which has now been approved to test its detect-and-avoid technology on a custom UAS flying BVLOS. The UAS, called Rapace, has a maximum takeoff weight of 26.5 pounds and was granted a special airworthiness certificate—experimental class (SAC-EC) by the FAA. It includes in-house avionics, command-and-control radios, autopilot systems, and positioning sensors from uAvionix.

The company will fly Rapace within the Vantis Network, North Dakota’s statewide UAS BVLOS program, with partners such as Thales to help its customers better understand BVLOS operations and waivers.

“The concept here is that the program team works out the ‘recipe’ for BVLOS exemptions, which are repeatable by other operators in the future,” Christian Ramsey, managing director of uAvionix, told FLYING in May. “In the end, this exemption isn’t about our operations…It’s about trailblazing and developing an infrastructure that others can use to achieve their own operational and business goals.”

UAvionix will need a Letter of Authorization from the FAA to conduct operations that rely on UAS traffic management (UTM) or third-party service providers. Otherwise, its requests were largely approved with minor conditions and limitations.

Similarly, PAU has been authorized to fly the SwissDrones SDO 50 V2 unmanned helicopter for BVLOS aerial photography, surveying, and powerline and pipeline patrol and inspection. Operations are permitted below 400 feet above certain roads and in sparsely populated areas beneath preplanned flight paths.

The approval builds on the company’s Part 107 waiver, issued in March, for BVLOS operations with aircraft under 55 pounds. That permission did not cover the SVO 50 V2, which weighs about 190 pounds. Like Flight Forward and uAvionix, PAU’s requests were largely approved with some restrictions.

Zipline’s request is under review, but the firm is expected to join its fellow applicants in the coming weeks. It seeks to replace visual observers with its patented acoustic detect-and-avoid system (DAA) and other onboard systems—unlike Flight Forward, it would eliminate the use of ground personnel almost entirely.

The authorizations are clearly a welcome development for Flight Forward, uAvionix, and PAU. But not everyone supported them. A few industry groups repeatedly popped up in the comments to oppose the approvals, namely the Air Line Pilots Association (ALPA), the National Agricultural Aviation Association (NAAA), and drone connectivity solutions provider ElSight. They worried BVLOS flights could pose hazards to low-altitude manned aircraft.

The FAA, however, countered that the approvals are in the public interest. They will allow the agency to gather information on BVLOS operations as it works toward a final rule that will ultimately shape the UAS industry for years—and potentially decades—to come.

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Are Drone Light Shows Replacing Fireworks Displays? https://www.flyingmag.com/are-drone-light-shows-replacing-fireworks-displays/ https://www.flyingmag.com/are-drone-light-shows-replacing-fireworks-displays/#comments Fri, 30 Jun 2023 21:38:53 +0000 https://www.flyingmag.com/?p=174940 As the country gears up for Independence Day, more and more cities are ditching fireworks for drones.

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That bombastic neighborhood Fourth of July fireworks display you saw last year may have been your last. Increasingly, cities and towns across the U.S. are ditching pyrotechnics in favor of a colorful alternative. 

The first drone light show took place in 2012 in the skies of Linz, Austria, dazzling the crowd with what was, at the time, something out of science fiction. Since then, they’ve popped up just about everywhere, from America’s Got Talent to the Super Bowl.

And now, they’re becoming a substitute for fireworks as companies such as Verge Aero and SkyMagic begin to grow.

Across the U.S.—but particularly in Western states like Colorado, California, Iowa, and New Mexico—many local fireworks displays are being canned in favor of drones, a trend that began in earnest last year. So, why are so many towns making the switch? And what’s stopping the rest from following suit?

Drones Are Safer, Greener, and Quieter—and Cooler

There’s a reason drone light shows are becoming especially popular in the West. By now, if you live on the U.S. East or West Coasts, you’ve probably been accosted by wildfire smoke. The blazes are increasing in frequency and intensity as climate change worsens. And fireworks, if you couldn’t imply from their name, cause fires—more than you might think.

According to the National Fire Protection Association, debris from colorful explosions causes thousands of fires every year. And as wildfires become more severe, more states, particularly in the West, have implemented fire restrictions.

That’s what triggered a handful of California towns to ditch fireworks for drones last year. Sydney, Australia, known for its grandiose fireworks display, is considering doing the same due to the risk of bushfires. And fire danger is now top of mind for many U.S. cities as July 4 nears.

In addition to reducing the risk of fires, drone light shows present a safer alternative for the folks behind the curtain. Fireworks injured more than 10,000 people last year because they can accidentally erupt while on the ground. Drones can’t. And since light shows are required to keep the ground below the show clear, there’s no risk of a drone falling from the sky into the crowd.

Drones are also less intrusive, creating only a light buzzing noise. Fireworks, on the other hand, can rupture your eardrum if you’re standing close enough. That’s a dealbreaker for some families with animals, small children, or other people who are sensitive to noise.

But perhaps the biggest reason for the switch to drones is that they’re thought to be greener. Besides starting fires, firework smoke leaves behind a trail of harmful chemicals and is considered a pollutant. In fact, China and India have restricted the use of fireworks for exactly that reason.

Drones are also a reusable option, capable of flying potentially hundreds of shows before they even require maintenance. That’s a huge benefit to the environment—and to the companies paying to put on these performances.

At the end of the day, though, some cities are likely switching to drones simply because they’re cooler. That’s not to say that fireworks aren’t cool. But drones allow for more creativity, with the ability to synchronize lights to music and recreate complex images in the sky.

But Not So Fast…

LED-laden drones can create a true spectacle while reducing some of the risks associated with fireworks. But these shows have drawbacks of their own.

The biggest is cost. Several factors can influence the asking price for a drone display, including the number of drones, their battery life, the show’s duration, temperature, and regulatory approvals. A small drone show might cost $20,000. But larger shows can climb to well over six figures, with some costing nearly half a million. A fireworks display, by comparison, typically costs less than $7,000.

FAA restrictions can also throw a wrench in your drone light show plans. According to the agency, the events typically require an FAA exemption to the rule limiting drone operations to a single aircraft, and that can take a while to obtain. An additional waiver is required when flying in congested airspace, such as near airports.

The agency reviews drone show applications thoroughly, evaluating safety procedures—such as in the event of an aircraft getting too close for comfort—operator guidelines and the software controlling the drone, among other things. Operators must also coordinate with local law enforcement and city officials.

The FAA also restricts drone displays during certain weather events, like heavy cloud cover. It requires three sm of visibility in order to fly, and operators cannot fly 2,000 feet horizontally or 500 feet below clouds. Altitude is also restricted to 400 feet above the ground (unless the operator has a waiver), which can hamper visibility.

The FAA does all of this for safety. But even after getting the agency’s green light, there are other concerns. Radio frequency or magnetic interference, for example, could cause one or multiple aircraft to fail during the show. GPS interference is the likely culprit of a drone debacle in Perth, Australia, last year.

And battery life can place a cap on flight time—or it could require the operator to purchase more batteries and “hot swap” them during the show.

Then there’s the issue of time. The more complex the show, the longer it takes to coordinate the drones the way you want them—a simple drone display can be as complex as a massive fireworks extravaganza. And as we all know, time equals money. 

Still, don’t be surprised to see a drone display light up a July 4th event near you.

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FAA Releases BVLOS Waiver Requests for Public Comment https://www.flyingmag.com/faa-releases-bvlos-waiver-requests-for-public-comment/ Thu, 25 May 2023 22:04:59 +0000 https://www.flyingmag.com/?p=172743 Phoenix Air Unmanned, uAvionix, Zipline, and UPS Flight Forward are seeking relief from FAA restrictions.

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Earlier this week, the FAA announced it’s eyeing beyond visual line of sight (BVLOS) exemption approvals for four top aviation firms, opening the door to expanded unmanned operations. Now we know exactly what permissions they’re asking for.

On Thursday, the FAA published the requests of the four companies—Phoenix Air Unmanned, uAvionix, UPS Flight Forward, and Zipline—and is seeking comments from the public. Stakeholders have until June 14 to share their suggestions or concerns with the requests. 

Considering the agency’s reliance on granting exemptions to gather information as it works toward a final BVLOS rule, the FAA will likely approve the four requests, even if they require the inclusion of special conditions or restrictions.

But if granted, what exactly would these permissions do? Let’s break down what the requested exemptions mean for each of the four companies.

Describing itself as an aerial data acquisition services provider, Phoenix Air Unmanned is looking to operate BVLOS as well as over people and roads. To do so, it’s requesting relief from several sections of FAA Part 61 and Part 91.

The firm wants to use its SVO 50 V2 aircraft from SwissDrones to perform aerial work, photography, surveying, patrols, and inspections of any powerline infrastructure owned or operated by a Department of Energy-recognized electric utility. The turbine-powered drone is capable of flying up to two hours with a 30-pound payload.

“Our petition for exemption process has included a safety risk management review alongside the FAA, demonstration of the aircraft, and on-site evaluation of BVLOS inspection operations within the proposed concept of operations,” Phoenix told FLYING. “The exemption request is in the interest of the public, and we welcome public comment as a next step of the authorization process.”

The exemption, if approved, would build on Phoenix’s Part 107 waiver, issued in March, that permits BVLOS operations for aircraft under 55 pounds. The approval did not cover the SVO 50 V2, which weighs 190 pounds.

Autonomous flight services provider—and avionics developer—uAvionix is also seeking exemptions from Parts 61 and 91…but not for its own operations.

Rather, the firm wants to conduct research and development on BVLOS operations for others—using an electric vertical takeoff and landing (eVTOL) aircraft—as part of the Vantis unmanned aerial systems (UAS) project at the FAA’s North Dakota UAS test site.

“Our application is unique in that we are not seeking this exemption as a means to further our own BVLOS flight objectives….instead we are trying to unlock that capability for the rest of industry, and this is one way to achieve those goals,” Christian Ramsey, managing director at uAvionix, told FLYING.

The aircraft, called Rapace, was granted a special airworthiness certificate—experimental class (SAC-EC) from the FAA and has a maximum takeoff weight of 26.5 pounds. It’s custom built, with uAvionix-designed internal avionics, command and control radios, autopilot, and positioning sensors. Through Vantis, the firm is working with partners such as Thales and the state of North Dakota to provide additional infrastructure for the program.

“The concept here is that the program team works out the ‘recipe’ for BVLOS exemptions, which are repeatable by other operators in the future,” Ramsey said. “In the end, this exemption isn’t about our operations… it’s about trailblazing and developing an infrastructure that others can use to achieve their own operational and business goals.”

UPS Flight Forward, the first FAA-approved Part 135 drone operator, is requesting slightly different permissions, including exemptions from Part 135.

The exemptions, if approved, would incorporate remote operations centers across the company’s network and enable “flights in outlying locations from (an) ROC in a different location” —essentially BVLOS flights.

But the request goes further. Flight Forward also wants to fly its M2 drone from Matternet with a ground-based surveillance system coupled to a suite of situational awareness tools that would replace the visual observer in BVLOS operations. That means the company will be able to fly farther than it would have had it opted for a simple section 107.31 waiver.

And then there’s Zipline. Its request is simple: The company wants to revise its previous exemption in order to replace visual observers with its patented acoustic detect-and-avoid system (DAA). DAA was a key factor in securing the company’s Part 135 certification, the most permissive the FAA has awarded so far and enables BVLOS operations.

Flight Forward and Zipline did not immediately respond to FLYING’s request for comment.

Each of the four exemption requests has its own petition for public comment, and they can be found within the Federal Register. Anyone can comment, but take that with a grain of salt—the FAA may make some modifications but will most likely approve all four requests.

However, there may be a better way to make your voice heard. Concurrently with the four requests, the FAA released a petition for comment on a proposed rule for BVLOS, asking industry stakeholders to provide input on the agency’s potential approaches.

The document outlines several areas of proposed rulemaking—such as detect-and-avoid performance standards, well-clear boundaries, and a new class of “shielded” operations—each with a few questions for the public to answer. The comment period for that petition also expires June 14.

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FAA Eyes Beyond Visual Line of Sight Approvals for 4 More Firms https://www.flyingmag.com/faa-eyes-beyond-visual-line-of-sight-approvals-for-4-more-firms/ https://www.flyingmag.com/faa-eyes-beyond-visual-line-of-sight-approvals-for-4-more-firms/#comments Tue, 23 May 2023 19:33:49 +0000 https://www.flyingmag.com/?p=172546 Phoenix Air Unmanned, uAvionix, Zipline, and UPS Flight Forward have applied for BVLOS waivers.

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More than a year after the FAA published the final, nearly 400-page report from its beyond visual line of sight (BVLOS) advisory rulemaking committee (ARC), the agency has opened the door to expanded unmanned operations for four major aviation players.

On Tuesday, the FAA announced it is seeking public comment on four requests for BVLOS waivers that would allow remote pilots to fly their aircraft where they can’t see them. The requests come from aerial data acquisition firm Phoenix Air Unmanned, unmanned aviation services provider uAvionix, and drone delivery firms Zipline and UPS Flight Forward.

Starting Thursday, the public will have 20 days to comment on the proposed waivers, allowing stakeholders to express any concerns about safety, privacy, or other topics. The FAA will then review all comments and expects to issue decisions granting or denying the requests this summer.

“The FAA will review and consider all public comments received,” an agency spokesperson told FLYING. “Any final approvals will include safety mitigations, specific conditions and limitations, and data-reporting requirements that will allow the FAA to analyze these operations.”

Currently, the FAA relies on BVLOS waivers to permit expanded unmanned operations in lieu of a robust regulatory framework. Data gathered from those operations is being used by the agency to develop a new set of regulations that would enable operations without an approval process. However, acting FAA Administrator Billy Nolen recently admitted there is not yet a date in sight for a final BVLOS rule.

The FAA grants several different exceptions to Part 107, the rule that outlines regulations for small unmanned aircraft systems (UAS) and certificated remote pilots. These waivers exempt operators from different aspects of the rule. For example, an exception to section 107.31 permits operations beyond the remote pilot in command’s line of sight (but within view of a visual observer).

Other waivers offer even greater flexibility. An exemption from section 107.33(b), for instance, enables operations even beyond the visual observer’s line of sight. Still more waivers cover other aspects of operations, such as speed and altitude (section 107.51), and flying over people (section 107.39) and moving vehicles (section 107.145).

Phoenix Air Unmanned, for example, is seeking an exemption for BVLOS inspections of powerline infrastructure owned by any Department of Energy recognized electric utility.

“Our petition for exemption process has included a safety risk management review alongside the FAA, demonstration of the aircraft, and on-site evaluation of BVLOS inspection operations within the proposed concept of operations,” the company told FLYING. “The exemption request is in the interest of the public and we welcome public comment as a next step of the authorization process.”

For now, we don’t know exactly which BVLOS permissions the other three new applicants are requesting—that will be made clear Thursday. But they could involve expanding operations beyond the line of sight of the remote pilot, the visual observer, or both. They may even call for one pilot or observer to be responsible for supervising multiple aircraft, another path to expanded operations.

While commenters will likely have some concerns around the safety of BVLOS operations, the FAA has an incentive to approve these waivers in some fashion.

It’s possible commenters’ worries are enough to sway the agency into outright denying the waivers. But the more likely outcome is regulators grant them, even if it means including special conditions or limitations for safety. Even a limited approval would give the FAA more operations to study as it builds BVLOS regulations.

“uAvionix is encouraged by the actions of the FAA and looks forward to the public review period and the intended outcome of extending BVLOS operations for all,” a uAvionix spokesperson told FLYING.

Zipline did not immediately respond to FLYING’s request for comment. UPS Flight Forward declined to comment at this time.

The post FAA Eyes Beyond Visual Line of Sight Approvals for 4 More Firms appeared first on FLYING Magazine.

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