Unlocking Routine BVLOS Operations: AUVSI’s Initial Analysis of the FAA’s NPRM
August 13, 2025
The Federal Aviation Administration (FAA) and Transportation Security Administration (TSA) have released the long-anticipated Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight (BVLOS) Notice of Proposed Rulemaking (NPRM), which includes proposed Parts 108 and 146 covering BVLOS operations and Automated Data Service Provider certification. This proposal is one of the most consequential regulatory developments in the history of commercial uncrewed aircraft systems (UAS, or drone) integration in the United States.
For years, BVLOS operations have been enabled only through a patchwork of waivers and exemptions, an approach that has enabled innovative use cases but limited scalability, slowed innovation, and created uncertainty for both industry and public agencies. The urgency for a scalable framework is clear: according to AUVSI research, FAA-approved BVLOS waivers grew by 88 percent year-over-year, reaching more than 657 active waivers as of last month, the highest number in program history. With this NPRM, FAA and TSA are proposing a risk-based, performance-driven framework that can replace ad hoc approvals with a consistent, scalable regulatory structure.
We appreciate that the draft rule is designed to accommodate a wide range of sectors, ensuring that its benefits are felt across diverse mission profiles and industry segments. The term “civil interest” is used throughout the NPRM to encompass a broad spectrum of non-military drone applications, including public safety missions such as search and rescue, firefighting, and law enforcement, as well as infrastructure inspection, environmental monitoring, disaster assessment, precision agriculture, delivery, surveying, and other commercial operations. If finalized and implemented effectively, the rule could be the catalyst for unlocking the next wave of these applications, delivering both economic and societal benefits.
AUVSI commends the Department of Transportation (DOT), FAA, TSA, and the White House for their collaboration and leadership in advancing this proposal. We also recognize the members of Congress, state and local leaders, and industry stakeholders who have called for such a framework. AUVSI has consistently advocated for a performance-based, scalable BVLOS rule, one that enables innovation, protects the public, and positions the United States as the global leader in UAS operations.
The NPRM delivers a strong foundation for these goals. However, as with any framework, the ultimate success will be determined by the details, especially how the rule is implemented, how compliance is defined for operators of different sizes and missions, and how risk is measured and managed.
In the following sections, we outline the elements of the draft rule that we strongly support, as well as the areas where we see potential for refinement. These lists are not exhaustive, and AUVSI and our members will address additional provisions, technical considerations, and operational implications in our forthcoming public comments to the FAA and TSA.
What We Support
Performance-Based, Scalable Framework
The NPRM’s structure offers two main pathways to BVLOS operational approval: operational permits and operational certificates. This approach aligns regulatory requirements with the scope and risk of the operation. This is a welcome departure from one-size-fits-all rules and recognizes that BVLOS operations vary widely, from small-scale agricultural monitoring to complex, high-traffic package delivery. The framework also appropriately shifts greater operational responsibility to the certificate holder, providing flexibility for mission-appropriate procedures and training while still maintaining FAA oversight as the primary safety backstop. This tiered approach reflects principles seen elsewhere in aviation, such as the safety continuum used for light sport aircraft and Part 23 normal category aircraft, where requirements and oversight scale with aircraft complexity. Like the light sport model, Part 108 incorporates self-declarative compliance based on industry standards, allowing for faster, standards-based approvals.
We particularly welcome the inclusion of geographic considerations, cybersecurity measures, and the ability for operators to choose the pathway best suited to their capabilities and risk profile. These elements will help right-size regulation for different sectors while keeping a consistent baseline for safety and integration standards.
Airworthiness via Consensus Standards
By allowing airworthiness acceptance through industry consensus standards rather than prescriptive rule language, the FAA is enabling innovation to move at the pace of technology development. This approach can shorten time-to-market for safe, proven designs while ensuring they meet rigorous safety benchmarks. It also reduces the administrative burden on both operators and regulators, freeing resources for oversight where it is most needed. Industry-led standards bodies have shown they can produce robust, widely accepted guidelines. This model will be especially valuable as technology continues to advance and BVLOS aircraft diversify in size, configuration, and capability. It also allows for diverse operational concepts and designs to be considered in the standards process, which means new players can join the conversation without waiting for a rulemaking or exemption process.
Defined Safety Roles
The requirement for operators to designate Operations Supervisors and Flight Coordinators in certificated operations creates clear lines of accountability, which is critical in an environment where operations will increasingly involve significant automation and complex mission planning. These roles can help formalize best practices, ensure that safety decisions are made by qualified personnel, right-size operating procedures and training to specific aircraft and missions, and build trust with regulators and the public.
Framework for Automated Data Service Providers (ADSPs)
The establishment of Part 146 for ADSPs provides a long-needed foundation for Unmanned Traffic Management (UTM) services, strategic deconfliction, digitally enabled cooperative operations, and compatibility with Part 89 Remote ID requirements. While not mandatory for all operations, the ability to rely on certified service providers gives operators tools to safely expand into more complex airspace, including the ability to interact with and respond to Remote ID messages. We also appreciate the recognition in the proposed revisions to Part 91.113 that technologies like ADS-B Out and electronic conspicuity will be integral to safe integration with crewed aircraft as part of the ecosystem of data and services users will leverage. As BVLOS operations become more common, strategic deconfliction will be essential to preventing conflicts in airspace near airports or other sensitive locations.
Support for Broad Use Cases
The NPRM’s explicit accommodation of diverse mission profiles, ranging from public safety and critical infrastructure to commercial delivery and recreational BVLOS operations, signals that the framework is intended to be inclusive and future-proof. This breadth will help ensure the rule remains relevant as technology and market demands evolve without requiring the same exemption, waiver, and rulemaking processes currently used for BVLOS operations.
Areas of Potential Concern
Pathways for Existing Operators
The NPRM does not clearly articulate how current Part 107 BVLOS waiver holders can transition into Part 108. Without a defined pathway, there is a risk of operational disruption for experienced, compliant operators who have already demonstrated safety under waiver and exemption. We believe a streamlined migration process that recognizes past operational performance would maintain continuity and reward safe operational histories.
Impact on Small and Public Safety Operators
While the framework seems to scale well for large commercial operators, smaller entities and public safety agencies may face significant challenges in meeting certain requirements, such as developing full Safety Management Systems (SMS) or employing certified personnel. The differences in requirements between operational permits and operational certificates, particularly the relief from SMS requirements for certain single-person permit operations, are important. However, there may still be a gap for very small permit operations that lack resources.
Additional tailoring could potentially be achieved through industry standards that specify a range of requirements within each pathway, without needing to embed every detail in the rule itself. One area where additional clarity is needed is the fate of current Drone as First Responder (DFR) and Tactical BVLOS operations, including how these established operational models will transition under Part 108.
To ensure equitable access, we will propose proportional compliance options for low-risk operations, particularly in rural or resource-limited areas where BVLOS operations could have an important public benefit. As with other aspects of the NPRM, implementation will be critical, and we will encourage the FAA to guide the rule in a direction that supports further differentiation where appropriate.
Operational Permit vs. Certificate Clarity
The distinctions between operational permits and certificates, including thresholds for fleet size, complexity, and risk, require further clarification. Clearer definitions will help operators self-select the appropriate path and avoid unnecessary delays in the application process. We also note potential confusion around limits such as the number of UAS per supervisor, and how fleet size is calculated for different mission profiles. These operational details will be key to practical implementation, and increased clarity within the rule language will ensure that standards development efforts result in means of compliance that will be acceptable to the FAA.
TSA Role and Security Requirements
While we support the inclusion of TSA in the regulation of BVLOS operations, its role must be clearly defined in a way that reflects the unique characteristics of uncrewed aircraft systems. The final rule should adopt a risk-based approach that avoids applying commercial airline-style security requirements to small drones or treating drone ports as full-scale airports. Instead, TSA should focus on establishing reasonable, proportional security measures that reflect the size of the aircraft, the nature of the operation, and the risk profile of the mission. This is particularly important for sectors like package delivery, critical infrastructure inspection, and hazardous materials transport, where operational contexts and risk exposure can vary significantly.
To enable safe and scalable BVLOS operations, TSA should work with industry to develop security protocols that are flexible, practical, and aligned with the pace of technological change.
Risk-Based Metrics
The NPRM applies a risk-based approach but leaves much to interpretation. We believe establishing clear, quantitative benchmarks, such as detect-and-avoid performance requirements, acceptable near-miss thresholds, and incident reporting timelines, would give operators stronger guidance and promote consistent enforcement. Rather than embedding these specifics in the rule, we recommend that the FAA focus on accepting well-developed industry standards or publishing clear advisory circular guidance to define these metrics. This approach would allow for flexibility as technology evolves, recognizing that the range of technical solutions, operational parameters, and performance variables is too dynamic and complex to address fully in static rule text.
Implementation of Part 146
The applicability of Part 146 appears focused more on system architecture than on the function or type of data provided. We believe the final rule should more explicitly link the scope to safety-critical services and set clear performance expectations for all service levels. The stated exceptions to the applicability of Part 146 and relationship between Level of service and regulatory relief also raise questions that will need to be addressed.
FAA Participation in Standards Development
Successful implementation of the BVLOS rule will depend heavily on timely, high-quality industry standards. These standards will guide critical elements such as airworthiness, operational safety, and interoperability, and will provide the flexibility needed to adapt as technology advances. We believe it is essential for the FAA to participate fully in standards development activities, including sending subject matter experts to advisory committee meetings and contributing actively throughout the process.
Historically, FAA engagement in these efforts has varied due to shifting resource allocations and legal policy interpretations, including limitations on participation in the formal ballot process. We encourage the FAA to commit resources and update internal policies as needed to ensure consistent, robust participation. Full engagement will help align regulatory expectations with operational realities, reduce implementation risks, and accelerate industry adoption of safe, scalable BVLOS operations.
LandScan Categories & Proximity Requirements
The NPRM proposes the use of LandScan population density categories as part of its operational risk assessment framework, along with specific proximity requirements for certain operations. We are evaluating how these proposed thresholds compare to current operational norms under Part 107.31 and Part 135, and what their practical impact could be on existing commercial and civil interest missions.
It is not yet clear how the proposed proximity definitions will interact with current standards or whether they could create unintended constraints on routine operations. We will be seeking AUVSI member feedback to better understand the operational and economic implications of these changes, and to determine whether alternative approaches or adjustments to the thresholds might better align with industry needs while maintaining safety.
Interagency Coordination and Timelines
We strongly support the 240-day goal for finalizing the rule, but given the delays in releasing the NPRM, we will seek assurances that interagency coordination will remain efficient. Predictability in the rulemaking timeline is critical for industry planning and investment.
Looking Ahead
The BVLOS NPRM is a watershed moment for the UAS industry and for U.S. leadership in advanced aviation. By replacing a system of one-off approvals with a comprehensive, performance-based framework, this rule has the potential to unleash unprecedented opportunities for innovation, economic growth, and civil interest efforts.
Getting this right will require collaboration, precision, and commitment from all stakeholders. The FAA and TSA have put forward a strong foundation, but the details, transition for existing operators, and implementation plan must be refined to ensure the rule works for operators of all sizes and missions, in urban and rural contexts, and across the full spectrum of commercial and civil interest applications.
AUVSI will work closely with our members to submit constructive, substantive, and data-driven comments that build on the strengths of the NPRM while offering targeted improvements. We will also continue to engage with regulators, legislators, and industry leaders to ensure the final rule is implemented in a way that enhances safety, supports growth, and preserves U.S. competitiveness.
We thank the DOT, FAA, TSA, and the White House for their leadership, responsiveness to industry input, and their commitment to delivering a performance-based, scalable BVLOS rule. Together, we can make this the regulatory milestone that propels the U.S. into the next era of aviation innovation.
