In a major step toward modernizing drone integration in U.S. airspace, the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) have jointly released a Notice of Proposed Rulemaking (NPRM) outlining Part 108, a forward-looking regulatory framework for beyond visual line-of-sight (BVLOS) drone operations. Under this proposal, the FAA would oversee safety, while TSA would be responsible for security—a clear demarcation of responsibilities tailored to the complexities of drone operations.

FAA: Safety First with Performance-Based Standards

The FAA’s Part 108 proposal seeks to move away from individualized waivers and toward a predictable, scalable, performance-based regulatory framework designed to integrate drones safely into the national airspace system (NAS).
Rather than mandated prescriptive limits (e.g., payload, speed, weather), the FAA would allow manufacturers to define operational boundaries based on rigorous testing and industry consensus, maintaining flexibility in an era of rapid technological progress.
The proposal also introduces two authorization tiers: permits for lower‑risk operations, and certificates for higher‑risk activities. The latter require additional oversight, including implementation of a Safety Management System (SMS) and structured training protocols.
Furthermore, the FAA would rely on industry consensus standards for airworthiness approval—speeding up innovation without compromising safety.

TSA: Bolstering Security in the UAS Realm

Recognizing the growing importance of comprehensive planning, TSA has stepped into the equation to ensure security standards keep pace with expanding drone use.
The NPRM mandates that drone operators obtain a TSA-issued security program before operating under Part 108—meaning FAA approval alone will not suffice.
Operators will also need to develop robust cybersecurity and physical security policies. This includes background checks for personnel, especially in package delivery programs, and protection of command-and-control systems from intrusion.
Industry experts have welcomed the cybersecurity focus but urged TSA to better understand the practicalities of drone operations. As one advocate put it, “I’m not sure [TSA] really understands how UAS…practically function”.
Meanwhile, technical leaders stress that cybersecurity for drones should mirror that of manned aviation—requiring approval of all command, control, and sensor data links.

NIST-Based Cybersecurity for UAS Traffic Management

Highlighting its security commitment, the proposal calls for UTM (Unmanned Aircraft System Traffic Management) operators and service providers to embed cybersecurity standards aligned with the NIST cybersecurity framework—the same trusted foundation used across critical infrastructure and national cyber policy.

Putting It All Together

Here’s how the split responsibilities between FAA and TSA shape up:
Agency                Role Under Part 108             Key Responsibilities               

FAA                       Safety Oversight                           Performance‑based standards, authorization tiers, Safety Management Systems, airworthiness via consensus

TSA                       Security Assurance                       Security program approvals, cybersecurity and physical security policies, personnel vetting,  NIST‑based guidelines for UTM

What It Means for the Drone Industry

This dual-agency approach signals that drone integration isn’t just about aviation—it demands holistic operational readiness. Companies must now:
  • Design safety systems that fit FAA’s performance criteria,
  • Build security protocols and gain TSA approval,
  • Integrate with secure, NIST-aligned UTM systems for BVLOS coordination.
Operators who prepare early, understanding both safety and security expectations—will be best positioned when the rule becomes final. The FAA is accepting public comments through October 6, 2025.

The Bottom Line

The proposed Part 108 rules mark a critical shift in drone regulation. By clarifying FAA’s primary focus on safety and formalizing TSA’s security oversight, the government aims to ensure BVLOS drone operations are not only safe and efficient, but also resilient against evolving threats. As drones become integral to delivery, agriculture, infrastructure, and emergency response, this layered approach could accelerate their safe integration into everyday operations, but only if industry leaders act swiftly, embrace compliance, and invest in the aviation technologies needed to scale securely and sustainably.