The Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) on August 7, 2025, issued a notice of proposed rulemaking (NPRM) related to “drones.” The notice proposes regulations to enable operations of unmanned aircraft systems (UAS) at low altitudes beyond visual line of sight (BVLOS). The proposed rule, titled Part 108, is intended “to provide a predictable and clear pathway for safe, routine, and scalable UAS operations that include package delivery, agriculture, aerial surveying, civic interest, operations training, demonstration, recreation, and flight testing.”
In 2016, the FAA finalized Part 107, a rule governing operations of small UAS (up to 55 pounds). In 2021, the Part 107 rule was later amended to allow certain UAS operations over people and for night operations. However, the Part 107 rule in general prohibits operations beyond visual line of sight. Over the years, the FAA has relied on a flexible approach to allow larger, complex operations and BVLOS operations through individualized exemptions and waivers to existing Part 107 regulations.
The new proposed rule under Part 108 would eliminate the previous case-by-case process for individual waivers or exemptions and standardize BVLOS safety requirements. Under Part 108, all UAS operators would be required to obtain either an operating permit or an operating certificate to conduct their UAS operations. Permitted operations represent a lower level of risk due to the limited complexity and scope. Certificated operations would allow more complex operations, with larger aircraft, fleet, and greater flexibility to operate over people. Certificated operators would also be required to implement further safety procedures and establish a training program for their personnel, etc.
Proposed Part 108 would also prescribe the general operating requirements for conducting BVLOS operations, such as operating with a safe UAS and in accordance with manufacturer’s instructions. Additionally, Part 108 proposes that, prior to operation, approval is required for the area of intended operations, certain preflight requirements shall be met before conducting each operation, and operations should be below a 400 feet ceiling above ground level (AGL), unless otherwise authorized.
The proposed Part 108 rule was published in the Federal Register on August 07, 2025, and is open for public comment on or before October 6, 2025.
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