FAA Proposes Rules for Drone BVLOS Operations

The FAA released a proposed rule that would further the integration of unmanned aircraft systems (UAS) into the US National Airspace System (NAS), including operations beyond the visual line of sight (BVLOS) of their remote pilots or observers.

The Notice of Proposed Rulemaking (NPRM), also known as Part 108, aims to enhance the safety, efficiency and scalability of drone operations across the United States.

“The Part 108 proposal represents a significant regulatory step toward integrating unmanned systems into the national airspace,” says Cade Clark, VAI chief government affairs officer, “By releasing this monumental rulemaking, the FAA is working to balance the need for safety with the continued utilization of UAS technology.”

"Part 108 provides the structure and certainty that UAS operators and manufacturers have long needed,” adds Clark, “This proposal lays the groundwork for the next phase of growth in commercial drone applications, including public safety, logistics, and infrastructure.”

Key Provisions of the NPRM
The proposed rulemaking addresses several topics necessary for safe, effective BVLOS operations by UAS in the NAS:

• Definitions: The NPRM defines what UAS operations would be eligible for BVLOS operations, the altitudes where those operations will take place and additional procedures UAS operators must follow.
• Aircraft Requirements: The rule provides new requirements for UAS certification, weight and equipage.
• Aircraft Separation: The rule outlines the procedures to allow UAS to operate within the existing airspace structure while reducing conflicts with other aircraft.
• BVLOS Operations: The NPRM includes provisions to allow for BVLOS operations, expanding opportunities for drones to be used in a wider range of applications such as long-distance deliveries, large-scale infrastructure inspections and aerial firefighting.
• Operational Authorization and Responsibilities: The NPRM proposes new risk-based requirements for authorizing BVLOS operations, as well as additional operational responsibilities. Operations over people are permitted with certain restrictions.
• Reporting and Record Keeping: The rule imposes additional reporting and record-keeping responsibilities for UAS operators.
• Security: The rule would require UAS operators to address and manage their operational security, including physical access to equipment, security screening for personnel and cybersecurity policies and processes.

The proposed changes will have far-reaching implications across multiple sectors, including:

• UAS operators
• UAS manufacturers
• Anyone operating an aircraft at low altitudes (400 ft. above ground level and below).

The FAA invites public comments on the NPRM, urging stakeholders to provide their feedback on the proposed regulation. This collaborative process seeks to ensure that the final rule reflects the needs of all affected parties.

All comments are due within 60 days after publication in the Federal Register, and the final rule is expected to be completed (based on timelines established by Executive Order) in February 2026. VAI will work with its members and other stakeholders to ensure the vertical aviation industry’s needs are communicated to support the final rulemaking.

In anticipation of the announcement by the FAA, VAI has established six working groups within the UAS Industry Advisory Council (IAC), each focused on a different aspect of Part 108. These working groups, in coordination with other impacted VAI IACs, will help develop the association’s unified, safety-focused response.

VAI members who wish to contribute to this conversation are asked to provide comments—or address their questions—to Amber Harrison, VAI director of regulatory affairs, at [email protected]. They can also consider joining the UAS Industry Advisory Council by filling out the webform on the association’s IAC webpage.

“As the FAA moves toward finalizing Part 108, VAI will continue working with our members to ensure the integration of drones enhances—not disrupts—the safety, reliability and innovation that define the US National Airspace System,” says Clark.