On August 7, 2025, the Federal Aviation Administration (FAA) took a decisive step toward integrating drones into the national airspace with the release of its long-anticipated Notice of Proposed Rulemaking (NPRM) on Beyond Visual Line of Sight (BVLOS) operations. The proposal, known as Part 108, is designed to move the drone industry away from its reliance on waivers and exemptions, and toward a scalable, standardized regulatory framework that can support widespread adoption of unmanned aircraft across industries.

The FAA’s proposal has been closely watched for years, as BVLOS is seen as the key to unlocking the full economic potential of drones. Routine BVLOS flights could enable package delivery, long-range infrastructure inspections, precision agriculture, emergency response, and countless other applications. Until now, however, most BVLOS operations have been restricted to pilots and companies that went through a burdensome, case-by-case waiver process.

Performance-Based, Flexible Standards

Perhaps the most significant change in Part 108 is its performance-based approach. Instead of prescribing rigid limits—such as maximum speeds, altitudes, or weather conditions—the FAA is entrusting manufacturers and operators to define their own operational boundaries based on performance testing and consensus-based industry standards.

For example, rather than stating that all drones must fly below a specific speed or avoid certain weather conditions, the FAA would allow manufacturers to demonstrate through testing and data what their systems can safely handle. This flexibility is designed to keep regulations in step with technological innovation, which has historically outpaced rulemaking.

Industry leaders have praised this shift, noting that prescriptive rules would quickly become outdated. By allowing for a standards-driven model, the FAA hopes to ensure safety while encouraging innovation and competitiveness in the U.S. drone sector.

Organizational Accountability and New Roles

Another major feature of the NPRM is a move away from individual pilot responsibility toward organizational accountability. Under Part 107, the current framework, licensed remote pilots are responsible for compliance. Under Part 108, companies and organizations operating fleets will be required to take on more responsibility for safety and oversight.

Two new roles are defined in the rule:

• The Operations Supervisor, who ensures that flights are conducted safely and in compliance with FAA standards.
• The Flight Coordinator, responsible for monitoring specific flights, ensuring risk mitigations are in place, and intervening if necessary.
• By shifting oversight to organizations, the FAA is aligning drone operations more closely with traditional aviation models, where airlines and operators—not individual pilots—bear primary responsibility for regulatory compliance.

Permits and Certificates: A Two-Tier System

Part 108 introduces a two-tier system for operational approvals: permits and certificates.

• Permits are intended for lower-risk operations, such as smaller drones flying over rural areas or limited missions like agricultural surveying. These permits will be simpler to obtain, reducing regulatory barriers for small businesses and startups.
• Certificates, on the other hand, will be required for higher-risk operations—such as larger drones, high-speed flights, or flights in congested airspace. These operations will demand more rigorous oversight, including a Safety Management System (SMS), enhanced training programs, and structured operational documentation.

This tiered approach acknowledges the diversity of drone operations, providing flexibility while ensuring that higher-risk activities are subject to stricter standards.

Airworthiness Through Consensus Standards

In a break from traditional aviation certification, Part 108 does not require drones to undergo full FAA airworthiness approvals. Instead, drones will be deemed airworthy if they comply with industry consensus standards developed by recognized standards bodies.

This model, similar to what the FAA has done with light-sport aircraft, allows manufacturers to bring products to market more quickly while still maintaining a baseline of safety. By avoiding the slow and costly certification processes used in manned aviation, the FAA aims to create a more agile environment for unmanned aircraft innovation.

Connectivity, Remote ID, and Airspace Integration

Part 108 also addresses how drones will integrate into the broader airspace system. All drones operating BVLOS will be required to transmit Remote ID data, including their status, takeoff location, and whether they are operating BVLOS.

Many operators will also be required to use Automated Data Service Providers (ADSPs)—third-party systems that provide real-time data for airspace coordination and conflict avoidance. This represents a step toward a UAS Traffic Management (UTM) system, where drones share airspace safely alongside manned aircraft.

Additionally, the rule sets performance-based requirements for communications systems, ensuring that drones maintain reliable connectivity for command, control, and detect-and-avoid systems. Without this, routine BVLOS operations would not be feasible at scale.

Security and Right-of-Way Rules

Recognizing the risks posed by expanding drone use, the FAA included stringent security provisions in Part 108. Operators will be required to implement cybersecurity protections, secure infrastructure, and vet personnel involved in sensitive operations.

The rule also clarifies right-of-way protocols. Manned aircraft transmitting ADS-B or other electronic conspicuity signals will retain priority over drones. However, in certain “shielded” operations—such as flying close to infrastructure corridors like power lines or bridges—drones may be granted priority. This is intended to reflect operational realities while maintaining overall safety.

Operations Over People and Population Density

A longstanding issue in drone regulation has been the question of flights over people. Part 108 introduces a population-based framework, categorizing restrictions into five tiers based on population density.

Operations over sparsely populated areas will have fewer restrictions, while those over urban centers or large gatherings will face stricter requirements, including advanced technologies for risk mitigation. This graduated system aims to balance safety with operational flexibility, acknowledging that risk varies significantly depending on where drones are flown.

Industry and Public Response

The release of the NPRM has drawn wide attention across the drone ecosystem. Industry advocates, such as the Commercial Drone Alliance and the Association for Uncrewed Vehicle Systems International (AUVSI), welcomed the proposal as a long-overdue step toward enabling routine BVLOS operations.

Some stakeholders, however, have raised concerns. Smaller operators fear that the compliance costs of certificates could create barriers to entry, favoring larger corporations. Privacy advocates are also closely watching how the expanded use of drones will affect communities, particularly in dense urban areas.

The FAA has opened a public comment period through October 6, 2025, and it is expected that industry, government agencies, and private citizens will all provide extensive feedback. The final rule may take shape over the following year, with phased implementation likely.

A Turning Point for U.S. Drone Integration

The FAA’s Part 108 proposal represents the most significant regulatory milestone for drones since the release of Part 107 in 2016. Where Part 107 established the framework for small, line-of-sight operations, Part 108 is poised to normalize long-range and complex unmanned operations.

By emphasizing performance-based standards, organizational accountability, consensus-driven airworthiness, and advanced connectivity requirements, the FAA is laying the groundwork for drones to become a routine feature of the national airspace.

If adopted, Part 108 could accelerate the growth of drone-enabled industries ranging from logistics and agriculture to emergency management and infrastructure monitoring. The rule also positions the United States to remain competitive globally, as Europe and Asia advance their own regulatory frameworks for BVLOS integration.

In summary, Part 108 is not just another regulatory update—it is a foundational step toward the large-scale adoption of drones in everyday commerce and public services. Its success will depend on how the FAA balances flexibility with safety, how industry adapts to organizational accountability, and how effectively public concerns are addressed. The months ahead will determine whether this rule can deliver on its promise of unlocking the skies for routine, safe, and transformative drone operations.