FAA issues proposed rule on drones flying beyond visual line of sight

Submit your email address to receive the latest industry and Aerospace America news.
California-based Matternet began home delivery in Silicon Valley last year with its M2 drones. Credit: Matternet
FAA today released the long-awaited draft of a set of requirements that would permit drone operators to routinely fly their aircraft beyond visual line of sight.
For years, companies and organizations including the nonprofit Commercial Drone Alliance have called for the creation of the rule, which after final publication would be known as Part 108 of the federal code that deals with aeronautics and space.
The alliance hailed the release as a “landmark proposal” that promises to “unlock the benefits of commercial drone technology.” Today, operators who wish to fly their drones outside of an operator’s visual line of sight must obtain a waiver from FAA, which approves such BVLOS flights on a case-by-case basis. Proponents of Part 108 argue that this is inefficient and hampers the effectiveness of drones for applications including property inspections and delivery of medical supplies or life-saving equipment.
“For our economy, for safety, for national security, drones have become critical tools for so many Americans,” Lisa Ellman, executive director of the alliance, said at a Tuesday press conference. “Farmers save time and money spraying crops. Line workers safely inspect infrastructure. Public police departments respond to emergencies more quickly, and patients gain easier access to medicines, all with today’s drone technology.”
During the same press conference, U.S. Transportation Secretary Sean Duffy focused on safety and the nation’s embrace of new technology. He said the U.S. has fallen behind other countries in developing drone technology, and allowing well-regulated BVLOS flights would provide guardrails and a path forward for the industry. Otherwise, he said, the U.S. would be forced to rely on technology developed by other nations, creating the potential for security risks.
Duffy expressed confidence that large numbers of drones could fly BVLOS without increasing the risks of midair collisions with other aircraft.
“This new rule will enhance safety by requiring safe separation from other drones and unmanned aircraft. Duffy said. “If you’re going to get a license to fly these, it’s going to require collision avoidance technology.”
Former President Joe Biden directed FAA to begin drafting the BVLOS rule when he signed the FAA Reauthorization Act of 2024. The legislation called for FAA to publish the draft by September 2024, a deadline that was repeatedly pushed back.
In the 731-page draft rule, FAA stipulates that the regulation only applies to commercial drones weighing 600 kilograms (1,320 pounds) and under, though it notes that “for many of the categories of permitted and certificated operations, there are lower maximum weight limits.”
Once the draft is published on the Federal Register’s website, a 60-day public comment period begins. In its release, the Commercial Drone Alliance urged the industry to read the proposed rules and provide feedback.
“This proposal represents a significant step toward developing the low-altitude economy in this country, and we welcome the opportunity to fully engage in the policymaking process,” CDA Policy Director Liz Forro said in the release.
Paul covers advanced air mobility, space launches and more for our website and the quarterly magazine. Paul joined us in 2022 and is based near Kennedy Space Center in Florida. He previously covered aerospace for United Press International and the Orlando Sentinel.
Submit your email address to receive the latest industry and Aerospace America news.