2021 Adopted Resolutions

FAA Waivers of Beyond Visual Line of Sight Rules for Drone Operations

Resolution Number: 26

WHEREAS, investments in infrastructure can make America technologically innovative for the purpose of creating a better quality of life for citizens, providing for the health, safety, and welfare of all our communities particularly fixed income, low-income, under-served and communities of color; and

WHEREAS, mayors participating in The United States Conference of Mayors have a significant role to play in ensuring natural disaster risk reduction, including the areas of science and technology; and

WHEREAS, cities and their utilities, both public and private, are responsible for inspecting, protecting, and maintaining the critical infrastructure for the provision of electric, gas, water, and telecommunications, among other services; and

WHEREAS, cities and these utilities invest significant resources in protecting the nation's public and private infrastructure through ground and aerial inspections, including the use of drones or unmanned aerial systems ("UAS"); and

WHEREAS, UAS can provide improved safety inspections necessary to promote public safety, especially emergency response; and

WHEREAS, UAS can provide operational benefits to cities and utilities, including but not limited to improved safety for utility workers, other personnel, contractors, and customers resulting from the ability of UAS to reach remote areas and be deployed in poor weather conditions, as well as during and after storms when ground crews may have limited mobility; and

WHEREAS, UAS are limited to line-of-sight operations, in which the UAS pilot must be able to see the aircraft without additional visual aids; and

WHEREAS, using UAS for outdoor visual line-of-sight operations or specifically authorized BVLOS operations would greatly improve emergency response, operational efficiency, reduce safety hazards for utility employees and contractors, and ultimately lower costs to customers, among other benefits; and

WHEREAS, local governments and utilities seeking permission to fly UAS BVLOS currently must submit a waiver application to the Federal Aviation Administration ("FAA"); and

WHEREAS, the FAA has jurisdiction and, as of late 2019, received more than 1,200 BVLOS waiver applications denying most waiver applications; and

WHEREAS, electric utilities (through representatives of the Edison Electric Institute) and the FAA have begun exploring a pathway to a framework for BVLOS activities that would increase transparency of what is needed for a waiver application without sacrificing the FAA's safety responsibilities, with this collaboration seeking to allow owners of linear infrastructure to prepare applications that have a greater likelihood for approval of BVLOS waivers; and

WHEREAS, many cities, utilities and state regulatory authorities have expertise with manned and unmanned aerial systems, demonstrating that BVLOS flights can be done while protecting the safety and security of FAA air space; and

WHEREAS, the FAA has initiated an important Aviation Rulemaking Committee ("ARC"), to develop a regulatory framework for BVLOS operation, within the next 2-3 years, that will facilitate greater future use of BVLOS UAS operations,

NOW, THEREFORE, BE IT RESOLVED, that The United States Conference of Mayors encourages the FAA to use its authority to approve BVLOS waivers during this interim period before there are final rules in place to facilitate BVLOS operations by cities, utilities, and others in support of their infrastructure and emergency response efforts,

BE IT FURTHER RESOLVED, that The United States Conference of Mayors encourages knowledge sharing and development of best practices concerning BVLOS activities to support the issuance of BVLOS waivers.