Opening the aperture: Regulatory changes for safe autonomous flight in the U.S. national airspace

Technology is on the brink of enabling fully autonomous unmanned aircraft system (UAS) operations that can supersede the role of humans in every respect. However, in the United States (U.S.), the regulatory structure for these aircraft remains in its nascent stage. The Federal Aviation Administration's (FAA) current UAS regulations, based on the existing regulatory model applicable to manned aircraft, place the Remote Pilot in Charge (RPIC) as central actor in UAS operations, responsible for safety of flight. Specifically, the FAA requires the RPIC, unaided by technology, to “see and avoid” hazards and mitigate the potential of midair collisions. To the extent that humans become further, or even entirely, removed from UAS flight operations, autonomous UAS flight challenges both the letter and intent of this regulatory scheme The purpose of this paper is to review current FAA regulations in light of anticipated technological advances and propose regulatory suggestions to enable autonomous UAS flights in the U.S. NAS. To do this, Part I summarizes relevant UAS regulations and the rationale behind them. Part II identifies different types of technological advances necessary to mitigate concerns associated with UAS flight safety in general and as applicable to autonomous flight. Part III explores potential regulatory improvements that will be required once sufficient technological mitigation measures exist. Part IV concludes by suggesting a new philosophical paradigm is required, in addition to regulatory and other changes, to truly open up the aperture in the NAS for safe autonomous unmanned flight.