Last week, NAAA submitted formal comments to the Federal Aviation Administration (FAA) opposing requests from BNSF Railway and Phoenix Air Unmanned for relief from aviation safety regulation requirements under 14 CFR Parts 91 and 61.
BNSF Railway is requesting relief from parts 61.113 (private pilot privileges), 91.7 (Airworthiness), 91.113 (Right of Way), 91.119 (Minimum safe altitudes), 91.121 (altimeter settings), 91.151 (minimum fuel requirements), 91.405 (Maintenance required), 91.407 (maintenance return to service), 91.409 (Annual Inspection) and 91.417 (maintenance records). BNSF’s request for relief states that unmanned aircraft systems (UAS) less than 55 pounds at takeoff would be used for Beyond Visual Line of Sight (BVLOS) operations. NAAA submitted comments opposing the requested relief, documenting the lack of proven technology that would safely allow BVLOS operations to operate and not interfere in the low altitudes that manned agricultural aircraft operate. NAAA also reiterated that UAS must give manned aircraft the right of way as required if this UAS was operated under Part 107—FAA regulations specific to UAS under 55 pounds. Also of concern in the requested relief and opposed by NAAA was a request to allow a single remote pilot in command (RPIC) located remotely to operate up to five unmanned aircraft simultaneously. This indicates an overreliance on computer software for BVLOS, again, without any proven safety technology.
Phoenix Air Unmanned is requesting relief from parts 61.113 (private pilot privileges), 91.7 (Airworthiness), 91.113 (Right of Way), 91.119 (Minimum safe altitudes), 91.121 (altimeter settings), 91.151 (minimum fuel requirements), 91.405 (Maintenance required), 91.407 (maintenance return to service), 91.409 (Annual Inspection) and 91.417 (maintenance records). In the Phoenix Air Unmanned request, the company does not give specifics of whether its intended operation is within line of sight or beyond line of sight, but it does state that the maximum takeoff weight of its UAS is up to 192 pounds. This is a weight that falls above the weight allowed under Part 107. Since specifics of the intended operations were not included in the request, NAAA submitted comments similar to the BNSF comments while stressing the damage that a heavier UAS would do in a collision.
NAAA is aware of the functions that might be accomplished by UAS. At the same time, protecting the safety of current and future users of the national air space is mandatory. Allowing UAS operations without adequate sense-and-avoid technology is a danger to not only low-altitude manned aircraft but all manned aircraft.
