Aviators seek revisions to proposed drone rule
ROW simplification, data transparency requested
Groups representing pilots who routinely operate at low altitude—including firefighters, agricultural pilots, and balloon pilots—are coordinating with AOPA to include in each organization's forthcoming comments to the FAA consensus suggestions to close safety gaps in the proposed FAR Part 108 before it begins to govern long-distance drone operations.
The FAA set an October 6 deadline for comments on the proposed creation of Part 108 that the agency released in early August—nine years after Part 107 was established to govern operations of small unmanned aircraft. Part 108 was drafted to govern much larger aircraft, up to 1,320 pounds, flown beyond the operator's visual line of sight. Despite numerous requests to the contrary from incumbent airspace users (including AOPA), the FAA opted to shift the burden of collision avoidance in many circumstances squarely onto aircraft with human pilots aboard, granting drones right of way over aircraft not equipped with ADS-B Out, or a yet-to-be-approved electronic conspicuity (EC) alternative.
"We, as pilots, readily take upon ourselves the responsibility to see and avoid other aircraft," said AOPA Director of Airspace, Air Traffic, and Security Jim McClay. "What we are insisting on is that the drone community also participate in a shared responsibility to see or detect and avoid all manned aircraft."
The proposed changes to right-of-way rules are a significant departure from decades of practice, granting uncrewed aircraft right of way over aircraft that are not broadcasting ADS-B Out at altitudes below 400 feet outside of Class B and C airspace, away from airports/heliports, and away from densely populated areas. The coalition representing pilots notes that there are many crewed aircraft operating routinely below 400 feet—and within 50 feet of structures. Helicopters conducting power line operations, medical transport, and firefighting are among these, as well as aerial applicators who must navigate around power lines, buildings, and other hazards without adding to that mix drones that may be flying, essentially, blind—particularly if terrain or structures block line of sight between the drone and an aircraft transmitting ADS-B Out.
AOPA and others are urging the FAA to require detect-and-avoid (DAA) systems, capable of detecting conspicuous and non-conspicuous aircraft, for all BVLOS drone operations in all airspace.
The proposed rule contemplates the eventual approval of a lower-cost alternative to ADS-B Out that would create "electronic conspicuity" for aircraft not equipped with ADS-B transmitters. Such EC devices would transmit signals that a drone could detect and then maneuver to avoid the source. The coalition urged the FAA to fast-track development and approval of such devices, and to consider paying for them to avoid imposing an unfair burden on traditional aircraft operators, and to maximize the safety benefit for all airspace users.
Beyond seeking to avoid right-of-way confusion, the groups also urged the FAA to establish in the rule provisions to audit the Authorized Data Service Providers (ADSP) that would manage drone traffic and ensure FAA oversight of ADSPs, with clear conflict-of-interest prohibitions and mechanisms to enforce compliance with altitude and airspace rules. The coalition also seeks to have the FAA require certification of key personnel involved in Part 108 operations and to expand the definition of "airport" to include private airports, seaplane bases, and other unlisted aeronautical facilities.
McClay encouraged AOPA members to submit their own comments on the proposed rule, and share a copy with AOPA.
"We believe that further collaboration between FAA and industry stakeholders is crucial before finalizing this proposed rule," the coalition wrote.
