The Federal Aviation Administration (“FAA”) has issued a proposed rule to enable the expansion of commercial and recreational use of unmanned aircraft systems (“UAS”) beyond visual line of sight (“BVLOS”) at low altitudes in the national airspace system.1 The FAA has invited stakeholders to submit comments to the proposed rule by October 6, 2025.
Presently, Part 107 of the Federal Aviation Regulations (“FARs”) permits the operation of small UAS (up to 55 pounds) in daylight, within confined areas, and within visual line of sight.2 Although operators can apply for a waiver of some of the Part 107 operating limitations, the FAA will not authorize commercial transport of property by UAS BVLOS, and the weight limit is not waivable absent an exemption pursuant to 49 U.S.C § 44807 or a special airworthiness certificate.3
The newly proposed Part 108 would authorize and regulate UAS BVLOS operations up to 400 feet for commercial and public safety purposes, significantly expanding the scope of UAS operations that currently exist. Additionally, UAS operating under Part 108 would be subject to a 1,320-pound limit including payload (borrowed from Part 21 regulations for light sport aircraft), compared to the current 55-pound limit under Part 107. This expansion would provide operators with greater flexibility for UAS operations, such as package delivery (including organ transport and critical medical supplies), disaster response, agriculture, remote infrastructure monitoring, and surveying.4
The following is a discussion of the key components of the proposed rule.
Flight Operations
Operators of UAS BVLOS would need to obtain approval for the area where they intend to fly, including boundaries, takeoff and landing areas, and risk mitigation strategies for known hazards in the area (such as radio antennae or electrical poles).
The FAA has proposed a two-tiered approval framework for BVLOS operations: operating permits and operating certificates. Operating permits would cover eight categories of operations: package delivery, agriculture, aerial surveying, civic interest, operations training, demonstrations, recreational activity, and flight tests. Operating certificates would add additional requirements, allowing greater operational flexibility when engaged in package delivery, agriculture, aerial surveying as well as civic interest operations. The FAA contemplates that most Part 108 operations will require the less-intensive operating permits rather than operating certificates, but that certain types of higher-risk operations—such as operating larger UAS in size or number, operating over larger concentrations of people, or conducting higher risk or more complex operations—would require an operating certificate.5 The FAA expects to adapt the framework under Part 135 (operating requirements for commuter and on-demand air transport) to Part 108 operating certificates, including requiring certificate holders to implement a safety management system and training program for operations personnel.6
Additionally, operators would need to utilize an automated data service provider (“ADSP”) under a newly proposed FAR Part 146. ADSPs would provide services that would manage UAS traffic and information necessary for safe and efficient operation in the airspace. Although ADSPs would be regulated separately, a BVLOS operator could serve as its own ADSP.
UAS operating under proposed Part 108 would need to broadcast a Remote Identification as set forth in Part 89 of the FARs. Remote Identification (commonly referred to as a “digital license plate”) transmits information such as the UAS’s serial number and location while flying. Although this requirement already exists under Part 107, remote identification for Part 108 would require the UAS to transmit additional information—such as the UAS’s status as operating BVLOS—and with greater transmission power to ensure the UAS can deconflict with other aircraft.
Design and Manufacture
UAS operating under proposed Part 108 would not require a traditional type certificate; rather, the FAA has proposed less onerous airworthiness acceptance standards that evaluate design, production, and air operation. The exact process for compliance would be established based on industry consensus standards. To receive approval, UAS manufacturers would need to certify that the UAS conforms to the design requirements set forth in the proposed rule but need not obtain an airworthiness inspection of each UAS produced.
Operator Personnel Requirements
Under Part 107, the remote pilot-in-command bears operational responsibility. Proposed Part 108 would shift operational responsibility to the organization operating the UAS. All operators would be required to employ an operations supervisor and a flight coordinator to oversee safety and compliance. These positions would not require a traditional pilot certificate or mandate that the individual undergo a Part 67 medical exam, but would require certain qualifications, and key personnel would require a background investigation by the Transportation Safety Administration. The FAA has invited comment on whether airman certification should be necessary.
In addition to operations supervisor and flight coordinator, the FAA identified five other categories of roles that may be needed to satisfy the safety standards in the proposed rule. The FAA also has invited comment on the types of personnel that may be necessary for BVLOS operations.7
Record Keeping and Reporting
Part 108 operators would be required to keep flight, maintenance, and mechanical records. Manufacturers would need to keep records demonstrating regulatory compliance, testing data, and continued operational safety data. ADSP providers would have to keep records of compliance and test data as well as software revisions.
The proposed rule would require operators to report flight data as well as any incidents with UAS. For example, a UAS operator would be required to report to the manufacturer any momentary or permanent loss of control or communication with the UAS if it has endangered or may endanger the safe operation of the UAS. Additionally, operators would be required to report to the FAA any property damage exceeding $500 caused by the UAS (except to the UAS itself) and any system failure that leads to operating in an unauthorized area.
Conclusion
In its proposal to regulate the operation and manufacture of UAS for use BVLOS, the FAA is taking another step toward integrating UAS into the national airspace system.
The FAA’s Notice of Proposed Rulemaking is 180 pages long and invites comment on dozens of proposals contained in Part 108, as well as proposals to amend existing Part 107. We are available to assist any stakeholders who are interested in submitting comments for the FAA’s consideration.
Special thanks to contributing author to this Client Bulletin, William de Wolff, an associate at Condon & Forsyth.
Disclaimer: This publication is made available for educational purposes only and is not intended as legal advice. If you have questions about any matters in this publication, please contact the authors directly. General inquiries may be directed to info@nullcondonlaw.com.
1 Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations, 90 Fed. Reg. 38212 (Aug. 7, 2025).
2 14 C.F.R. §§ 107.1 et seq.
3 49 U.S.C. § 44807 grants the FAA Administrator authority to issue operational exemptions on a case-by-case basis to non-waivable UAS regulations under Part 107.
4 Proposed UAS operations BVLOS would be limited to non-passenger transport, because it is not currently feasible to address the safety requirements for passenger operations. Autonomous passenger aircraft regulations are still being developed, and the FAA will likely propose a similar comprehensive regulatory framework for autonomous passenger operations as this technology matures.
5 Operations over large, open-air gatherings such as concerts, sporting events, or crowded parks would remain prohibited absent prior approval from the FAA.
6 Notably, air carriers that are engaged in commercial air transportation of property commonly are required to obtain additional economic authority from the U.S. Department of Transportation (“DOT”). Thus, the procurement of an operating permit or certificate under Part 108 operating permits and operating certificates would not alleviate a commercial operator from any requirement to obtain economic authority from the DOT.
7 In addition, operators would be required to implement and maintain cybersecurity protocols to protect the digital integrity of their networks, devices, and data.