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
Copyright
R.E. Kelly Esq. 2015-2026
AMDG
Empathy Is Not A Sin
