Package Delivery by Drone (Part 135)
As drones are introduced into everyday life in the United States, from recreational flying to commercial such as Package Delivery by Drone, the FAA's number one priority remains safety. The Agency has been at the forefront encouraging innovation and working with industry, state, local, and tribal governments to realize the benefits of drones and inform future rules and regulations.
The FAA plays an important role with Package Delivery by Drone operations by ensuring safety in the National Airspace System (NAS), operator certification under FAA Part 135 and compliance with National Environmental Policy Act (NEPA) regulations.
How Does Package Delivery by Drone Work?
Drone Operator Certification
FAA is responsible for the certification, production approval, and continued airworthiness of aircraft which includes drones conducting package deliveries. The agency issues certificates, exemptions, waivers, and operations specifications for drone operations.
Safety in the NAS
Eventually most drone package deliveries will be part of the Unmanned Aircraft System Traffic Management (UTM) once it is fully developed and implemented. There may be some who operate in areas where they are the only operator or in rural areas where they will not use or do not need UTM. UTM will enable multiple drones operating under Beyond Visual Line-of-Sight (BVLOS) regulations at low altitude airspace (under 400 feet above ground level (AGL). BVLOS refers to any drone operation that is flown outside of the pilot’s direct line of sight. Direct FAA air traffic services are not provided to these operations. UTM will consist of a cooperative interaction between drone operators and the FAA to determine and communicate real-time airspace status. The FAA will provide real-time constraints to the UAS operators, who are responsible for managing their operations safely within these constraints without receiving positive air traffic control services from the FAA.
Environmental Review
The FAA ensures the appropriate level of NEPA review for the Package Delivery by Drone operators and leads the preparation of individual NEPA documents to ensure compliance and smooth integration of UAS operations into the NAS.
The FAA has completed more than 20 environmental assessments (EAs) for individual drone package delivery proposals and one PEA for drone package delivery. Each EA resulted in a Finding of No Significant Impact (FONSI). States represented in previous environmental reviews for Part 135 drone package delivery include Arizona, Arkansas, California, Florida, Missouri, North Carolina, Ohio, Oregon, Texas, Utah, and Virginia.
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Drone operators are required to comply with state and local requirements, inform the local community of their operations, obtain an FAA Part 135 Certificate and Airspace Authorization, establish a hub and delivery infrastructure, comply with NEPA, and respond to public inquiries concerning their operations.
Environmental Responsibilities
Drone operators are responsible for mitigating adverse environmental impacts by implementing mitigation measures and/or best management practices identified in the NEPA document. Environmental resource categories requiring mitigation may include noise, wildlife, historic resources, and others.
Mitigation examples may include reducing the number of operations per day to reduce noise impacts. Or locate a hub a specified distance from a noise sensitive area which include residential, educational, health, and religious structures and sites, and parks, recreational areas, areas with wilderness characteristics, wildlife refuges, and cultural and historical sites. In a case of wildlife mitigation an operator may create a buffer zone around bald eagle nests; or for an historic resource they may site a hub a sufficient distance away from historic resource.
Operators should recognize that some noise from drone operations may not reach what is considered a “significant impact” according to NEPA but may still impact the public and therefore should respond to their concerns.
Community Engagement
Drone companies that want to establish a hub must abide by any state and local requirements. In addition to the FAA involving the public as part of the NEPA process, it is important for drone operators and local governments to inform the local community about the proposed drone operations.
The FAA does not select the locations for commercial drone operators to conduct operations. The operators select the locations. Operators are expected to site their distribution hubs in accordance with all local land use ordinances and zoning requirements in addition to setback distances from noise sensitive areas. In addition to coordinating with the FAA, drone operators may have to work with local government to obtain approvals. An applicant’s community engagement may be a parallel process to the FAA’s public involvement as part of the NEPA review.
Operator Certification
Drone operators that want to conduct small package delivery must use the FAA’s existing Part 135 certification process and obtain an exemption or waiver to provide drone package deliveries using BVLOS. All part 135 applicants must go through the full five phases of the certification process.
The FAA issues air carrier certificates to U.S. applicants based on the type of services they plan to provide and where they want to conduct their operations. Operators must obtain airspace authorizations and air carrier or air operator certificate before they can begin operations.
Certificates are available for four types of Part 135 operations:
- A Part 135 Single-Pilot operator is a certificate holder that is limited to using only one pilot for all Part 135 operations.
- A Single Pilot in Command certificate is a limited part 135 certificate. It includes one pilot in command certificate holder and three second pilots in command. There are also limitations on the size of the aircraft and the scope of the operations.
- A Basic operator certificate is limited in the size and scope of their operations: A maximum of five pilots, including second in command, and a maximum of five aircraft can be used in their operation.
- A Standard operator holds a certificate with no limits on the size or scope of operations. However, the operator must be granted authorization for each type of operation they want to conduct.