On August 7, 2025, the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) published a NPRM titled “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations” in the Federal Register (90 FR 38212; FAA Notice No. 25-07). Among other changes, this NPRM proposes to add a new section to the Code of Federal Regulations, 14 CFR Part 108, entitled “Operations Of Unmanned Aircraft Systems Beyond Visual Line Of Sight”. In that NPRM, FAA and TSA proposed performance-based regulations to enable the design and operation of unmanned aircraft systems (UAS, otherwise referred to as "drones") at low altitudes beyond visual line of sight (BVLOS) and for third-party services, including UAS Traffic Management, that support these operations. Congress directed the rapid development of this proposed rule in the FAA Reauthorization Act of 2024 knowing that it is needed to support the integration of UAS into the national airspace system.
The comment period for the NPRM closed at the end of October 6, 2025. Comments are publicly available and may be reviewed here. To date, 1,025,010 comments have been received.The FAA has not yet promulgated the Part 108 final rules.
The FAA’s BVLOS Fact Sheet categorizes the proposed rule into several categories, summarized as follows:
1. Operations
· The types of operations that would be enabled pursuant to Part 108 BVLOS rules: package delivery, agriculture, aerial
surveying, civic interest – including public safety, recreation, and flight testing.
· Operations would occur at or below 400 feet above ground level, from pre-designated and
access-controlled locations.
· All operators would need FAA approval for the area where they intend to fly.
2. Safe Separation
· Operators would utilize entities called Automated Data Service Providers (ADSPs) to
support scalable BVLOS operations. ADSPs could provide services to keep BVLOS drones
safely separated from each other and manned aircraft.
· Drones also would have technologies that enable them to automatically detect and avoid other
cooperating aircraft.
· Drones would yield to all manned aircraft broadcasting their position using ADS-B.
· Drones could not interfere with operations and traffic patterns at airports, heliports, seaplane bases, space launch and reentry sites or facilities where electric Vertical Takeoff and Landing (eVTOL) aircraft take off or land.
3. Aircraft
· Aircraft would not require traditional FAA airworthiness certificates. Rather, this rule
would establish a process for accepting the airworthiness of an aircraft based on industry
consensus standards, intended to create a streamlined approval process.
· The rule would require drones operated under Part 108 to have lighting and to broadcast Remote ID.
4. Security
The rule would require operators to address and manage security risks including:
· Developing and implementing both physical security policies and cybersecurity policies to protect facilities and networks from unauthorized access. These policies would ensure integrity, accuracy, and reliability of operations.
· Requiring drone manufacturers to protect aircraft from intentional electronic interference.
· The Transportation Security Administration (TSA) would require certain personnel to obtain up to a level 3 security threat assessment as well as implementing other security programs from TSA.
5. Operational Authorizations
The FAA is proposing two types of authorizations for BVLOS operations, depending on the scope.
· Permits: Lower-risk operations that have limited fleet size, weight, and operational scope would
require an FAA permit. The FAA could issue these promptly. Types of permitted operations include
package delivery, agricultural, aerial surveying, civic interest, unmanned aircraft operations
training, flight testing, demonstrations, and recreational operations.
· Certificates: Higher-risk operations due to aircraft size, weight, speed, or fleet size would
require an operating certificate. The FAA would conduct thorough reviews of the proposed
operations before issuing a certificate.
6. Operational Responsibility for Certified Operators
The FAA proposes to require two positions: operations supervisor and flight coordinator.
· The operations supervisor would be responsible for overall safety and security. This would
include ensuring operations meet all regulatory requirements and operating limitations that apply
to the aircraft, and ensuring all personnel are properly trained and knowledgeable.
· Flight coordinators would directly oversee aircraft operations and intervene to ensure safe
conditions, if necessary.
· Neither position would require holding an FAA-issued airman or remote pilot certificate.
7. Operations Over People
The new rule would allow operations over people but not over large, open-air gatherings such as
concerts, sporting events or crowded parks.
· The FAA proposes five categories of operations over people based on population density. The restrictions, technological, and operational mitigations would increase with the
population density.
8. Reporting
Operators would report specific information to the FAA including (but not limited to):
· Flight data including the total number of flight hours for each drone, and make, model and
registration number.
· Unplanned or precautionary landings, loss of control or communication, and malfunctions that lead to flights into unauthorized areas.
· Security breaches that result in loss of control of the drone.
· Any operation that results in more than $500 in damage to property.
9. Record Keeping
Operators would maintain records of:
· Each flight including its date, time, and duration; the aircraft registration number;
the purpose of the operation; the flight path including destination, origin, and altitudes;
the name of the designated operations personnel assigned to each flight; and
landing locations
· Any mechanical issues
· Maintenance and alteration inspections
· Personnel training
· Operations manual
Manufacturers would maintain records of:
· Compliance information and testing data
· Configuration control documentation
· Continued operational safety data
No comments:
Post a Comment