U.S. Department of Transportation (DOT) Secretary Sean Duffy on Aug. 5, 2025, unveiled a proposed rule, "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations" (BVLOS), to further the integration of unmanned aircraft systems (UAS) in the national airspace system. The proposed rule would enable BVLOS operations up to 400 feet above ground level for unmanned aircraft weighing up to 1,320 pounds, including payload.
The Federal Aviation Administration (FAA) anticipates the rule would enable, under an FAA-issued permit or certificate, commercial operations such as package delivery, agricultural, aerial surveying, flight testing or demonstration, among other types of operations. Standards would apply regarding manufacturing, operational limitations, information reporting, and recordkeeping and security. The FAA also published a fact sheet on the proposed rule.
At the press conference announcing the proposed rule, both DOT Secretary Duffy and FAA Administrator Brian Bedford emphasized the importance of American dominance in the drone industry. Notably, the Transportation Security Administration (TSA) has partnered with the FAA in developing the proposed rule.
Proposed Rule
Specifically, the proposed rule would:
- restrict operations to FAA-approved areas with clearly defined boundaries and ensure no interference occurs at or near airports, heliports, launch sites, and electric vertical takeoff and landing (eVTOL) facilities
- require that most UAS operations use the services of an automated data service provider (ADSP) to ensure safe separation from other aircraft
- establish means of approval of ADSPs, with such entities being regulated by the FAA after ensuring they conform to industry consensus standards and have undergone testing
- restrict operators from operating an unmanned aircraft with Automatic Dependent Surveillance-Broadcast Out (ADS-B Out) equipment in transmit mode or with a transponder in transmit mode
- require unmanned aircraft to have lighting and broadcast remote identification
- not require traditional FAA certification for aircraft; instead, manufacturers would adhere to industry consensus standards for approval
- allow operations of unmanned aircraft over people, subject to certain restrictions based on population density
- require that an operations supervisor and flight coordinator oversee each operation – neither of whom must hold an FAA-issued pilot certificate but must undergo background and watchlist checks
- outline reporting requirements for unplanned or precautionary landings, security breaches, failure of data service and any event that results in more than $500 in damage to property
- include record retention requirements for maintenance actions, personnel training, mechanical issues, continued operational safety data and configuration control records and, for ADSPs, records of software revisions and compliance and test data
Path Forward
The comment period will open upon the proposed rule's publication in the Federal Register and remain open for 60 days. In his recent executive order, "Unleashing American Drone Dominance," President Donald Trump ordered the FAA to publish a final BVLOS rule by February 2026.
