August 7, 2025 eNewsletter

FAA Releases Proposed Rule for Drone BVLOS Operations – 14 CFR Part 108 – at Crewed Aircraft’s Peril

This week, FAA released the Draft Notice of Proposed Rulemaking (NPRM) for Beyond Visual Line of Sight (BVLOS) drone operations as well as a Fact Sheet describing some of the broad strokes of the NPRM. This was ahead of a Press Conference on “Unleashing American Drone Dominance,” wherein the NPRM was introduced.  Many of its provisions severely endanger low-altitude crewed aircraft.

This NPRM would primarily establish a new part to Title 14 of the Code of Federal Regulations (14 CFR), namely Part 108 – Operations of Unmanned Aircraft Systems Beyond Visual Line of Sight. In establishing Part 108, it would also amend several other parts including Part 91, Part 107, Part 135 and Part 137. The document is over 700 pages and, while NAAA is still in the early stages of digesting it, some of the apparent substantive proposed changes are shared here.

In general, Part 108 would provide a regulatory framework for UAS operations (either VLOS or BVLOS) flying at 400 feet AGL or less. It introduces two tiers of operational authorization (permits and certificates) for operations such as package delivery, agriculture and aerial surveying. It proposes a new structure for operations personnel wherein airman certificates are not required, but each operator (both permitted and certificated) must have an operations supervisor responsible for the overall safety of the operation and a qualified flight coordinator responsible for tactical oversight of individual aircraft.  

In terms of right-of-way, UAS operated under Part 108 (either VLOS or BVLOS) would have the right-of-way over all other aircraft – unless the other aircraft is broadcasting ADS-B Out or electronic conspicuity (EC), in which case a crewed/manned aircraft would have right-of-way. In defined “Shielded Areas,” such as within 50-feet of powerlines, UAS would have right-of-way over all other aircraft, regardless of ADS-B or EC. This provision is the most perilous to low-altitude crewed aviators, whether they be firelow-altitudefighters, ag aviation operations, law enforcement, EMS, and numerous helicopter operations.  The 2022 FAA UAS BVLOS Aviation Rulemaking Committee proposed a 100-foot shielded area.  NAAA adamantly opposed any type of shielded area to FAA Administrator Nolen and DOT Secretary Buttigieg at the time and will continue to do so, along with other low altitude crewed aviation interests, in comments to the FAA.

For agricultural UAS operations, both VLOS and BVLOS would be authorized, and the maximum weight of the UAS could not be greater than 1,320 pounds. Part 108 agricultural UAS operations would be entirely exempt from the requirements of Part 137 and instead would be subject to some similar requirements contained wholly within Part 108. Of peripheral interest will be the duty and rest requirements, which would impose a 50-hour duty week, amongst other restrictions.

There are obviously myriad other details which NAAA will need to process as it formulates a response to this NPRM. The right-of-way changes are the most dangerous prospect; NAAA had hoped for more about shared responsibility for see-and-avoid, rather than the full-throated granting of right-of-way to UAS over aircraft without ADS-B. However, NAAA will provide evidence-based comments to FAA on this issue and others contained in this NPRM. Hopefully, with input from NAAA and other general aviation associations, the Final Rule will not be as imperiling to the safety of low-altitude aviators.

Your help will be needed. Once NAAA’s comments are drafted, they will be shared with NAAA membership in the hopes that others in the industry will use them in submitting their own comments. This NPRM will soon be published in the Federal Register, at which time a 60-day comment window will begin.

For reference, below are some of the substantive proposed changes to 14 CFR as summarized by NAAA.

Part 43 – Maintenance, Preventative Maintenance, Rebuilding and Alteration

§43.1 Applicability
This part will not be applicable to Part 108 aircraft

Part 91 – General Operating and Flight Rules

§91.113 Right-of-way rules: Except water operations.
Part 108 UAS will have right-of-way over other aircraft in flight except for (1) over densely populated areas, or (2) in Class B or C airspace, or (3) when that aircraft is departing from or arriving at an airport or heliport, or (4) when that aircraft is equipped and broadcasting its location using ADS-B Out or electronic conspicuity equipment.

§91.225 Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment and use.
ADS-B equipped aircraft will NOT be required to have ADS-B in transmit mode at all times if the equipment is operated solely to meet the conspicuity requirements in §91.113. In other words, you can legally turn it off. However, if it is turned off, Part 108 UAS will have the right-of-way.

Part 108 – Operations of Unmanned Aircraft Systems Beyond Visual Line of Sight

§108.110 Unmanned aircraft lighting
UAS must be equipped with anti-collision lighting and keep them on during all flight operations.
(This is a provision that NAAA has been advocating for UAS for 12 years.)

§108.175 Operating restrictions.
UAS must stay under 400 feet AGL unless within a 400-foot radius of a structure in Class G airspace (which allows flying up to 400 feet above the structures uppermost limit).

§108.195 Operation near aircraft; low altitude right-of-way rules.
Unless operating in a shielded area (§108.205) UAS must yield the right of way to all aircraft that are (1) departing from or arriving at an airport or (2) Equipped and broadcasting their location using ADS-B or electronic conspicuity (EC).

§108.205 Operation in shielded areas.
Defines shielded areas as those “where no manned aircraft are expected to operate”, including areas within 50 feet of powerlines, railroad tracks, bridges and pipelines. In these areas, UAS will have right-of-way over all aircraft, regardless of ADS-B or EC.

§108.330 Duty and rest requirements.
Operations personnel are limited to a max 14-hour duty day, and to a maximum 50-hour duty week. They must take a minimum 10-hour continuous rest period within 24 hours prior to reporting for duty. They must also receive a minimum of one day of continuous rest (off work) per week.

§108.400 Operations under a permit.
Allows operations, such as package delivery, agriculture and aerial surveying, to be conducted under a new Permit framework, valid for 24 months, rather than an operator certificate.

§108.445 Agricultural operations.
Establishes rules for permit-based agricultural operations. These are limited to small companies (less than 10 aircraft) and to low population density areas.

§108.500 Operations under a certificate.
Allows operations, such as package delivery, agriculture and aerial surveying, to be conducted with a perpetual Part 108 certificate (in lieu of, for example, a Part 137 certificate). In contrast to “lower risk” permitted operations, certificated operations grant more privilege and consequently have more stringent requirements such as validation tests, communication and ground risk assessments, and a safety management systems.

§108.575 Agricultural operations.
Establishes rules for certificate-based agricultural operations. These do not have the same restrictions as permit-based agricultural operations.

§108.700 Airworthiness acceptance generally.
Prescribes procedures and standards for UAS airworthiness acceptance. The UAS must be manufactured in the US or a country with which the US has Bilateral Airworthiness Agreement addressing UAS. Subpart G (this subpart) and Subpart H which also deals with airworthiness acceptance is extensive and has not yet been reviewed by NAAA.

Part 137 – Agricultural Aircraft Operations

§137.1 Applicability
Excludes Part 108 aircraft from Part 137 applicability entirely

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