The Federal Aviation Administration (FAA), in coordination with the US Department of Transportation and the Transportation Security Administration (TSA), has issued a Notice of Proposed Rulemaking (NPRM) to establish a performance-based regulatory framework for unmanned aircraft systems (UAS) operations beyond visual line of sight (BVLOS).
The proposed rule marks a significant shift from the current patchwork of waivers and exemptions used to permit UAS operations to a new set of rules to enable a scalable, broad range of commercial and public use cases applications – including package delivery, agriculture, infrastructure inspection, surveying, public safety, and more.
Overview: What does Part 108 address?
Part 108 does not allow UAS to carry people; transporting people remains prohibited. Instead, this rule applies to UAS BVLOS operations at low altitudes in the National Airspace System (NAS) but does not cover operations under Part 107 (small UAS within visual line of sight), Part 91, or recreational flights. The rule establishes two approval pathways for operators: permits and certificates.
- Operating permit: Intended for lower-risk BVLOS operations, such as package delivery (up to 55 lbs.), agriculture (up to 1,320 lbs.), aerial surveying, civic interest activities, training, demonstrations, flight testing, and recreation. These operations are subject to limitations on aircraft weight, fleet size, and the population density of areas overflown.
- Operating certificate: Required for higher-risk operations, which may involve larger aircraft, larger fleets, or flights over areas with higher population densities. These operations are subject to further FAA oversight, including safety management systems (SMS), comprehensive training programs, and thorough communication and ground risk assessments.
For UAS airworthiness, the rule relies on FAA-accepted industry consensus standards for design, production, and testing, rather than the traditional Type Certification process. Manufacturers are obligated to submit a Declaration of Compliance (DOC) to confirm that their products meet the applicable standards.
Operational requirements
Operations are generally limited to below 400 ft. above ground level (AGL). Additional requirements apply for flights in controlled airspace, over people, and within shielded areas. The maximum allowable speed is 87 kts, and the maximum takeoff weight – including payload – is 1,320 lbs. To reduce the risk of collisions with manned aircraft and other UAS, operators are required to use detect and avoid (DAA) systems and anti-collision lighting and adhere to established right-of-way rules.
Operational requirements are primarily determined by Population Density Categories, which range from Category 1 (very low density, such as remote or unpopulated areas) to Category 5 (major metropolitan downtowns). As population density increases, operational and safety requirements become more stringent.
Key operational limits authorized by operation
If an operation exceeds the limitations for permitted activities – such as higher aircraft weight, a larger fleet size, or operating in areas with greater population density – an operating certificate is required. Certificated operators are obligated to comply with more rigorous standards, including developing an SMS program, implementing an FAA-accepted training program, undergoing validation testing, and being subject to increased FAA oversight.
The proposed rule adopts a corporate responsibility model, assigning primary responsibility for safety and compliance to the operator organization rather than to individuals. Operators are expected to develop tailored training programs; maintain detailed records; ensure personnel are qualified and fit for duty; and implement comprehensive safety, security, and cybersecurity measures. TSA security threat assessments are required for certain personnel, and operators are required to implement cybersecurity policies and procedures.
Preparing for Part 108: Considerations for stakeholders
With the NPRM’s publication, industry stakeholders have 60 days – until October 4, 2025 – to review and submit comments on the proposed rules. Under Executive Order 14307, the FAA is required to publish a final rule within 240 days of the NPRM’s publication, which sets the deadline for the final rule on April 2, 2026.
UAS manufacturers are encouraged to prepare to align design, production, and documentation processes with FAA-accepted consensus standards and the airworthiness acceptance process. Operators are encouraged to assess their operational models to determine whether a permit or certificate is appropriate, and develop the required training, safety, and cybersecurity programs.
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