GRASSROOTS ALERT: FAA Proposed Part 108 – Drones Given Right of Way Over Manned Aircraft – Your Comments Needed - National Agricultural Aviation Association

The FAA has recently released its proposed Part 108 which would enable routine beyond visual line of sight (BVLOS) operations for unmanned aircraft systems (UAS) operating below 400 FT AGL. If adopted into a final rule as written, this would severely compromise the safety of manned aerial application operations. You can review the full Notice of Proposed Rulemaking (NPRM) and/or FAA’s Fact Sheet, but NAAA has read it cover to cover and there are two headline takeaways:

UAS Have Right-of-Way. Part 91 would be amended to give Part 108 UAS right-of-way over all other aircraft unless that other aircraft is broadcasting ADS-B or electronic conspicuity (EC). EC is a yet to be approved/standardized anonymous type of ADS-B to be available at an unknown date as a portable or installed unit.

Shielded Areas. Part 108 would establish shielded areas wherein UAS do not have to yield right-of-way to any aircraft, regardless of ADS-B or EC. These shielded areas are defined as areas where no manned aircraft are expected to operate, including areas within 50 feet of powerlines and substations, railroad tracks, bridges and pipelines. FAA contends that there is only a “remote possibility” of an agricultural aircraft operating in a shielded area, and thereby a low collision risk with a UAS operating there.

If this sounds alarming to you, you are not alone and your voice is needed now. The FAA is seeking public comment on this NPRM through October 6, 2025. NAAA will be submitting comments – you can view NAAA’s Draft Comments to get a feel for how the association is responding. However, what is truly needed now is your individual, unique comments emphasizing your personal experiences to inform FAA of the extreme danger posed by the proposed shielded areas. This could be as short as a paragraph or as long as you find necessary. NAAA urges you to include the following in your comments:

Scope of Your Operation. Specify geographical area, acres treated, crops treated, number of farmer customers, etc. Add any specific data that demonstrates further societal/economic value of your operation.

Your Operations in Shielded Areas. Explain and quantify the regularity with which you fly in the proposed shielded areas (i.e. within 50 feet of powerlines and railroad tracks). Estimate the number of times you fly within 50 feet of a wire per day during the application season (considering each individual pass over/under/along wires). Estimate by how many feet you regularly clear a wire when descending into or climbing out of a field.

Your Difficulty in Spotting Drones. Explain how the unique challenges of ag aviation, including low-altitude obstacle avoidance and focus on the application itself, make it impractical to be on the lookout for drones in shielded areas.

There is a LOT more to this NPRM than just shielded areas, but NAAA finds this issue to be of paramount concern to the lives of aerial applicators. Please consider commenting – the only way to effect change is for aerial application pilots and operators to comment in great numbers with fact-based arguments. You can submit your comments here, either by directly entering text or uploading a document. Be sure to reference Docket Number: FAA-2025-1908 in your comments.

Please do not copy and paste NAAA’s Comments – FAA gives credibility to thoughtful, original comments and assigns less weight to duplicative form letters. Use your own words and experiences to inform FAA of the realities of manned aerial application and make them understand the impact that these new regulations would have on your safety as a pilot and/or on the safety of your pilots as an operator.

NAAA is working diligently with other government agencies, industry associations and coalitions to also comment in representation of the aerial application industry’s real concerns with this NPRM. By educating and leveraging influential voices ranging from agricultural commodity groups and agencies to general aviation organizations and transportation safety agencies, NAAA will ensure that the safety concerns of manned aerial application are heard.