In a sweeping move the drone industry has long anticipated, the U.S. government has finally unveiled its proposed rule to enable routine Beyond Visual Line of Sight (BVLOS) drone operations.
U.S. Transportation Secretary Sean P. Duffy on Tuesday introduced the proposed regulations as part of the Trump Administration’s broader “Unleashing American Drone Dominance” initiative. Framed as a pivotal moment for U.S. drone innovation, the announcement marks a turning point for commercial applications ranging from agriculture to drone delivery to infrastructure inspection.
“This is the future of aviation,” Duffy said, adding that the new rule would “reform outdated regulations that were holding innovators back.” He emphasized that “America — not China — will lead the way in this exciting new technology.”
The rule was developed in coordination with the Transportation Security Administration, and more interagency partnerships are expected as implementation advances. And it comes roughly two months after President Donald Trump signed a sweeping Executive Order mandating the Federal Aviation Administration (FAA) to finalize rules such enabling Beyond Visual Line of Sight (BVLOS) operations for commercial and public safety use. This week, the FAA has made that major step in doing exactly that.
What are the BVLOS rules today?
Currently, if drone pilots want to fly their aircraft beyond their line of sight — even just around a building — they must apply for a waiver from the FAA. These waivers are reviewed individually and require cumbersome paperwork, technical analysis, and often long wait times. This case-by-case process has been widely criticized by operators and regulators alike as a major barrier to scaling commercial drone services.
The new proposal aims to replace that piecemeal process with a performance-based, standardized framework that allows routine BVLOS flights without individual approvals — a shift that could drastically accelerate commercial drone use in the U.S.
What the proposed BVLOS drone rule actually is
The Notice of Proposed Rulemaking (NPRM), which spans hundreds of pages, outlines a comprehensive new Part 108 in the Federal Aviation Regulations. (You can read all 700+ pages here.) At its core, the proposed rule would:
- Enable routine BVLOS operations at or below 400 feet above ground level, including package delivery, agriculture, aerial surveying, public safety, flight testing, and recreational use.
- Create two types of operator approvals:
- Permits for lower-risk operations with smaller fleets and lighter aircraft.
- Certificates for higher-risk operations involving larger drones, faster speeds, or operations over more populated areas. Certificate holders would be required to implement a Safety Management System (SMS) and personnel training program.
- Replace traditional airworthiness certification with an FAA acceptance process based on industry consensus standards — streamlining manufacturing and accelerating innovation.
- Require all BVLOS operators to use approved takeoff, landing, and loading zones, maintain clear communications protocols, and ensure safety in controlled airspace.
- Use population density to classify operations over people, creating five risk-based categories with increasing safety and technological requirements. Operations over large open-air gatherings like concerts would remain prohibited.
- Mandate use of strategic deconfliction and conformance monitoring tools for BVLOS flights in controlled airspace or dense urban areas, likely provided by Automated Data Service Providers (ADSPs).
- Shift operational responsibility from pilots to companies by requiring two key roles:
- An operations supervisor, responsible for compliance and overall safety.
- A flight coordinator, who oversees the flight and can intervene if needed.
- Eliminate the need for individual pilot certification, instead requiring operators to ensure their staff meet knowledge and training benchmarks.
- Require remote ID broadcast for all aircraft, including a new operational status indicating BVLOS activity.
- Prohibit use of ADS-B Out or transponders, but drones must yield to manned aircraft broadcasting those signals.
- Propose maximum weight for BVLOS drones up to 1,320 pounds, including payload.
- Add TSA security requirements, including threat assessments for flight coordinators and certain operators, and mandate cybersecurity policies.
The rule also establishes record-keeping and reporting requirements for operators, manufacturers, and ADSPs — covering everything from flight logs and maintenance records to any loss of control, communication failure, or unauthorized system access.
What does the proposed BVLOS drone rule mean for the industry?
For the first time, the U.S. drone industry may have a clear, scalable path to perform BVLOS operations without relying on complex exemptions or expensive certifications. FAA Administrator Bryan Bedford said the move is “key to realizing drones’ societal and economic benefits.” Michael Kratsios, the White House science and tech chief, added that the rule “unlocks the full potential of BVLOS drone operations” while maintaining safety.
Industry groups are rallying behind the rule. Michael Robbins, CEO of AUVSI, called it “a critical step toward enabling drone operations that will enhance safety, transform commercial services and strengthen public safety.” The Commercial Drone Alliance (CDA) said the rule responds to years of collaboration and finally “levels the playing field” for domestic drone operators.
Lisa Ellman, CDA’s chief executive, called the proposal “the result of years of collaboration” to create a framework for safe, scalable operations. Liz Forro, the alliance’s policy director, said the rule “represents a significant step toward developing the low-altitude economy in this country.”
So what’s next?
Keep in mind, this is just a proposal, not a final rule. If you have qualms with it, the FAA wants you’re feedback. The FAA said it was accepting public feedback on the draft rule for 60 days once it is published in the Federal Register.
There are a few ways to submit those comments (including, yes, snail mail). Though, the best way to make your comments known are by going to the federal eRulemaking portal at Regulations.gov and sending comments with docket number FAA-2025-1908.
The FAA and TSA will then review feedback and publish a final rule, as mandated by Executive Order, within 240 days of the original directive.
If finalized largely as written, this rule could represent the most consequential regulatory milestone for drones since Part 107 in 2016 — one that finally opens the door to scaled, economically viable and safe BVLOS operations across the country.
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