Growing use cases for drones have some experts referring to 2024 as a breakout year for the rapidly advancing technology. Officially referred to by the Federal Aviation Administration (FAA) as Small Unmanned Aircraft Systems (UAS), drones are increasingly being used for various applications across many sectors — including the military, utility companies, law enforcement, retailers aiming for a competitive edge related to delivery capabilities, and scientific entities like the National Oceanic & Atmospheric Administration (NOAA) to conduct research.
For many, the forward progress of related initiatives is often linked to whether an organization’s drones are permitted to fly where operators can’t see them — aka beyond visual line of sight (BVLOS). Although that FAA-required permission has historically been bogged down by a cumbersome application process, experts are predicting that new legislation recently enacted could help streamline things and be a game changer for the drone industry in various ways.
The FAA and drones
The FAA regulates drone use and has special rules for advanced operations.
“Many drone operations can be conducted under the Small UAS Rule (14 CFR part 107), or as a recreational flight within the guidelines of a modeler community-based organization,” the agency says. “However, more complex operations may need additional certification or approval.”
Among the examples cited, the FAA includes:
- Urban Air Mobility and Advanced Air Mobility
- Application and Instructions for Completing Certificate of Waiver or Authorization Application, FAA Form 7711-2 (BVLOS drone operations)
- Package Delivery by Drone
Although many drone companies operate under the FAA’s Small Unmanned Aircraft Systems (UAS) Regulations (Part 107) and related waivers — far fewer have been approved for the more comprehensive Part 135 certification, which the FAA says is “the only path for small drones to carry the property of another for compensation beyond visual line of sight.”
Drone-friendly legislation
In an effort to streamline this approval process, U.S. Sens. Mark R. Warner (D-VA) and John Thune (R-SD) introduced the Increasing Competitiveness for American Drones Act of 2023, which was described as “comprehensive legislation to streamline the approvals process for beyond visual line of sight (BVLOS) drone flights and clear the way for drones to be used for commercial transport of goods across the country – making sure that the U.S. remains competitive globally in a growing industry increasingly dominated by competitors like China.”
The announcement described the cumbersome nature of the approval process: “Currently, each aircraft and each BVLOS operation that takes flight requires unmanned aerial system (UAS) operators to seek waivers from the Federal Aviation Administration (FAA), but the FAA has not laid out any consistent set of criteria for the granting of waivers, making the process for approving drone flights slow and unpredictable. The bipartisan Increasing Competitiveness for American Drones Act will require the FAA to issue a new rule allowing BVLOS operations under certain circumstances.”
Although the bill apparently stalled in Congress, perhaps it helped to inform recently passed legislation that is being applauded by the drone industry: the FAA Reauthorization Act of 2024.
Drones and the FAA Reauthorization Act of 2024
On May 16, 2024, President Biden signed the bipartisan Federal Aviation Administration (FAA) Reauthorization Act of 2024 into law.
Highlights of the new law include a long list of key initiatives — including those with an aim to expand drone use, as noted in a statement from the U.S. Senate Committee on Commerce, Science & Transportation, which says the legislation:
- Facilitates Commercial Use of Drones and Unmanned Aircraft: “The bill directs the FAA to establish a pathway for beyond visual line-of-sight operations and create two additional test sites for companies to start using unmanned aircraft (UAS) for package delivery or other operations. The bill also gives the FAA enforcement authority to prohibit unauthorized or unsafe use of UAS.”
- Extends the BEYOND program: “The bill continues the BEYOND program, launched in 2020, for five years. Progress has been made under the Unmanned Aircraft Systems Integration Pilot Program which centers around developing standards, engaging communities and informing policies to facilitate the safe deployment and operation of drones.”
Industry applause
Drone industry stakeholders are applauding the new legislation and the positive impact it will have — including the Association for Uncrewed Vehicle Systems International (AUVSI) and the Commercial Drone Alliance (CDA).
“The bipartisan legislation reauthorizes the FAA through Fiscal Year 2028 and requires the FAA to issue a notice of proposed rulemaking for UAS operations beyond visual line of sight (BVLOS) within four months,” says the AUVSI in a statement. “The bill also includes a mandate for the FAA to publish a final special rule for operations of powered lift aircraft within seven months, which will help to meaningfully move the Advanced Air Mobility (AAM) industry forward. The legislation also includes key measures supported by AUVSI regarding grant programs, cyber security, workforce training, and autonomy, among dozens of other priorities of AUVSI and its members.”
“AUVSI is proud to announce that the FAA Reauthorization Act includes multiple measures we have advocated for, and which will usher in meaningful progress toward the safe integration of drones and AAM within the national airspace system,” said President and CEO Michael Robbins. “AUVSI commends leaders in both chambers who worked to finalize multi-year FAA reauthorization in support of U.S. global tech competitiveness and meaningful growth of in advanced aviation and autonomy. We look forward to working with the FAA and Administrator Whitaker on the implementation of Congressional mandates on key issues for our industries, including a Part 108 BVLOS rule and a special final rule for powered lift aircraft operations, which will safely unlock scalability and new, high-value commercial drone and AAM operations.”
The CDA also issued a statement applauding the new legislation.
“Today marks a pivotal step in reinforcing American leadership in the skies. The FAA Reauthorization Act of 2024 brings much-needed stability to both the Federal Aviation Administration (FAA) and aviation industry, and enables the U.S. drone industry to keep pace with other countries,” said Lisa Ellman, Executive Director of the Commercial Drone Alliance. “This legislation reflects years of dedicated collaboration between lawmakers and industry stakeholders, including the CDA. We are excited to build on this momentum and to strengthen U.S. leadership in advanced aviation.”
The statement notes that the CDA is comprised of companies and organizations across the UAS ecosystem.
“Despite their diverse business pursuits, members share the common goal: bringing the benefits of UAS to communities nationwide,” the organization said. “This vital legislation includes provisions that foster a regulatory landscape that further unlocks the safety, security, equity, sustainability, and economic benefits of using drones for commercial and public safety applications. From emergency response and critical infrastructure inspection to precision agriculture, delivery of essential goods, firefighting, medical intervention, and law enforcement, implantation of the FAA Reauthorization Act of 2024 will enable companies to deliver the full potential of drones to the American public. The CDA looks forward to working with the FAA and other relevant stakeholders on timely implementation of this critical bill.”
In a series of articles, DRONELIFE editor Jim Magill provides an in-depth examination of how the new legislation will have a positive impact on the drone and eVTOL (electric vertical take-off and landing) industries:
- Why the FAA Reauthorization Bill Wins Praise from Drone Industry
- FAA Directed to Devise Final Rule for BVLOS Flights Within 20 Months
- How the New FAA Reauthorization Bill Facilitates UAS Integration into U.S. Airspace
Additionally, this AUSVI resource provides an analysis of key provisions in the bill that are relevant to the UAS and AAM sectors.
