FAA releases proposed rule to enable routine BVLOS drone operations

In line with the White House’s recent Executive Orders aimed at advancing drone innovation and building the domestic drone industrial base, the Federal Government’s proposed rule represents a significant milestone in advancing the integration of drones into the National Airspace System (NAS). If designed properly, the rule will unlock the full potential of drone operations across several industry sectors to include infrastructure inspection, public safety, agriculture, energy, and logistics.

Key highlights of the proposed rule include:

• Standardizing BVLOS Safety Requirements: The NPRM introduces a comprehensive framework for BVLOS operations, reducing the need for operators to navigate the burdensome waiver and exemption processes. The proposal introduces two new types of authorizations for BVLOS operations—permits and certificates. Permitted operations would allow certain operators to conduct BVLOS under a streamlined approach. Certificated operations would be reserved for operators conducting higher-risk operations, either because of operational complexity or the size or number of aircraft involved. Certificated operators would be subject to greater oversight from the FAA and would be required to develop a Safety Management System (SMS) for their operations. Both pathways are intended to enable routine operations for applications such as infrastructure inspection, agricultural spraying, emergency response, and package delivery.
• Operations Personnel: In lieu of airman certificates, the NPRM proposes that all operators, whether permitted or certificated, designate an operations supervisor to ensure the overall safety of their operations. Additionally, some operators would be required to appoint qualified flight coordinators tasked with monitoring and intervening in specific operations to maintain safe conditions.
• Aircraft Deconfliction: The NPRM proposes an updated framework for the safe separation of manned and unmanned aircraft by imposing or incentivizing certain equipage for airspace users.
• Aircraft Acceptance: The NPRM establishes a new process for UAS manufacturers to have their aircraft approved for use, leveraging industry consensus standards to streamline approval processes instead of requiring traditional FAA airworthiness certificates.
• Automated Data Services: The NPRM creates a new pathway for companies to be approved as Automated Data Service Providers, which would be required for some BVLOS operations. Drone operators would have a choice to either become their own data service provider or use a third party for required services. The FAA proposes creating a new Part 146 to regulate these providers and their services.
• Security: As part of the proposal, the Transportation Security Administration (TSA) also outlines requirements for personnel vetting and security programs that are intended to manage security risk for BVLOS operations.

The link to the Department of Transportation (DOT) press release on the rulemaking can be found here. The proposed rule will now be open for public comment until October 6, 2025. Comments can be submitted through the Federal eRulemaking Portal.

Authored by Lisa Ellman, Liz Forro, and Hanson Causbie.