A Rule for the Future: Ensuring the FAA's Framework Enables, Not Halts, Progress

Getting this rule right is imperative for the future of the drone industry in the United States. We are evaluating the proposed rule based on one critical first principle:

Any new rule must allow currently approved, safe operations to continue and it must allow us to grow into the future.

The industry and the FAA have gained immense experience from the dramatic increase in safe, operational BVLOS approvals over the past few years. With over 600,000 commercial drone deliveries globally and 110,000+ in the U.S. in the last 90 days alone, we at Wing know what a safe, scalable operation looks like. The final rule must be a foundation for growth based on what’s already working—it cannot be a step backward.

Here is our "Top 8" breakdown of the proposals that will accelerate the industry and those that must be changed to avoid grounding it.

4 Accelerators for the Future of Drone Delivery

1. A Modernized "Right-of-Way" Framework. We support the proposal for a modernized right-of-way" framework where Unmanned Aircraft Systems (UAS) yield to cooperative manned aircraft equipped with ADS-B (Automatic Dependent Surveillance–Broadcast) or other electronic conspicuity (EC) with right of way for Part 108 operations over noncooperative manned aircraft when below 400ft. This creates a balanced, predictable, and safe environment for integrating drones into the national airspace.

2. A Fresh Approach to Operational Responsibility.  We welcome the fresh approach taken by the proposed rule for scaled, digital aviation by embedding automation and organizational control into its framework. By rightly shifting responsibility away from the individual human pilot to the organizations behind the automated system, the rule codifies the reality of modern operations and will unlock a system that can scale nationally, enabling the future of aviation.

3. A Risk-Based Structure for Operating Rules. We support the graduated authorization framework for permitted and certificated operations that distinguishes operations based on their specific risk profile, considering factors like aircraft weight, fleet size, and population density and the flexibility to evolve operations as automation increases.

4. A Framework for Automated Data Service Providers (ADSP) and Strategic Deconfliction. We applaud the proposed ADSP framework, which endorses an industry-led, standards-based, and interoperable approach to UAS Traffic Management (UTM) and strategic deconfliction. This is essential for enabling multiple drone operators to share the airspace safely and efficiently at scale.

4 Changes Needed to Avoid Grounding the Industry

1. Remove Unworkable Security Requirements. The proposal to require security threat assessments for anyone with unescorted access to cargo, such as restaurant staff loading a package or customers walking into a retail or grocery store, is unworkable and not based on risk. This would impose crippling costs and logistical burdens on our partners, from large retailers to local mom and pop shops, and would halt the expansion of drone delivery.

2. Eliminate the Non-Cooperative Detect-and-Avoid (DAA) Requirement. We strongly oppose the blanket requirement for UAS to have a non-cooperative DAA solution in certain locations and airspaces. This mandate is not supported by safety data, is technically and economically unscalable for small UAS, and may even increase overall risk by adding weight and complexity to the aircraft.

3. Maintain the Proven Criteria for Making Decisions (CMD) Airworthiness Process. We welcome the FAA's move toward a declarative airworthiness process based on industry consensus standards, but the rule must allow for alternative means of compliance, remove overly prescriptive design and test requirements, and continue to utilize the FAA's successful CMD process, which has enabled hundreds of thousands of safe flights to date.

4. Create Rational, Risk-Based Hazardous Materials (HAZMAT) Rules. We oppose applying HAZMAT rules designed for large-scale cargo operations to drone deliveries of small, everyday household items, which stands directly counter to the risk-based approach called for in the FAA Reauthorization Act of 2024. The requirements should be proportionate to the actual risk, not a one-size-fits-all approach that would make delivering small everyday essentials like hearing aid batteries or hand sanitizer unviable.

We commend the FAA and TSA for their commitment to integrating BVLOS operations. However, as drafted, several provisions threaten to derail years of progress and would significantly curtail current commercial operations. If Wing cannot transition its already-approved operations into the new framework, the rule will not achieve its goals. 

We are confident these challenges can be overcome with thoughtful amendments and look forward to working with the FAA to realize our shared vision of safe, secure, and scalable drone delivery for all Americans.

Read Wing's full submission on the FAA and TSA’s proposal for BVLOS operations here.