The Worrying Normalization of Overreach Among U.S. Federal Agencies

The FAA has denied a request from aviation stakeholders, to include the NBAA, seeking an extension to the comment period pertaining to the recently published Docket No. FAA-2022-0921, UAS Beyond Visual Line of Sight (BVLOS) and related Petitions for Exemption. The agency opted, rather, to stick with its original, inexplicably expedited, twenty-day comment period.

NBAA senior director of air traffic services and infrastructure Heidi Williams remarked: “We are disappointed with what is undoubtedly an expedited comment period. However, BVLOS is not new to the industry. We have been testing and exploring these operations safely in the National Airspace System for years and are confident these experiences will allow us to provide meaningful, effective feedback, even the short comment period.”

The related Petitions for Exemption include:

• FAA-2022-0921: Summary Notice No. - 2022-42: Petition for Exemption; Summary of Petition Received; uAvionix Corp.
• FAA-2020-0499: Summary Notice No. - 2023-09: Petition for Exemption; Summary of Petition Received; Zipline, Inc.
• FAA-2022-0124: Summary Notice No. - 2023-19: Petition for Exemption; Summary of Petition Received; Phoenix Air Unmanned, LLC.
• FAA-2019-0628: Summary Notice No. - 2023-06: Petition for Exemption; Summary of Petition Received; UPS Flight Forward, Inc.

Comments on the proposed measure are due 14 June 2023, and the FAA requests commenters provide citations and copies of any relevant studies or reports upon which their respective comments are in part of fully predicated.

Ms. Williams added: “Real-life data is incredibly impactful in the rulemaking process. We are working with our UAS [Unmanned Aerial Systems] members to develop effective, data-driven comments to help the agency draft reasonable rules and policies which allow for the continued and expanded safe integration of UAS BVLOS operations into the NAS.”

Founded in 1947 and based in Washington, DC, the National Business Aviation Association (NBAA) is a non-profit organization dedicated to the collection, interpretation, and dissemination of operational and managerial data germane to the safe, efficient, and cost-effective utilization of business aircraft. The association’s stated mission is “to foster an environment that allows business aviation to thrive in the United States and around the world.”

FMI: www.nbaa.org