Drone Law Blog of Robert E. Kelly, Esq.: January 2026
AI Analysis
The FAA and TSA proposed new regulations (Part 108) in August 2025 to normalize BVLOS drone operations, spurred by the FAA Reauthorization Act of 2024. The proposed rules focus on performance-based standards for safety, utilizing ADSPs for traffic management and streamlined airworthiness approvals. Final rules have not yet been promulgated despite over 1 million comments received.
Key Takeaways
- Part 108 aims to enable BVLOS operations for package delivery, agriculture, surveying, public safety, and recreation, limited to 400ft AGL.
- Automated Data Service Providers (ADSPs) are central to safe separation, providing traffic management and deconfliction services.
- Drones will be required to yield to manned aircraft broadcasting ADS-B signals and avoid restricted airspace around critical infrastructure.
- The rule proposes a streamlined airworthiness process based on industry consensus standards, bypassing traditional FAA certification.
- Security risk management, including physical and cyber security, is a required component of Part 108 operations.
Why It Matters
The implementation of Part 108 is crucial for the widespread adoption of commercial drone operations, unlocking significant economic potential. The reliance on ADSPs creates a new industry sector and potential vulnerabilities that will need to be addressed. Delays in final rule promulgation could hinder the growth of the UAS market and impact logistical capabilities.
Drone Law Blog of Robert E. Kelly, Esq.: January 2026
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:
- 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.
- 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.
- 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.
- Security
The rule would require operators to address and manage security risks including:
· Developing and implementing both physical s