The Comments Are In—Here’s What People Think of the FAA’s Draft BVLOS Rule

Commenting for the FAA’s draft BVLOS rule closed on October 6.

In total, about 3,000 comments were submitted. No surprise, people had a lot to say.

Some of it was good, some of it was bad. And a lot of it was thoughtful and nuanced, with devoted drone pilots, drone companies, and drone organizations pointing out considerations they thought the FAA should spend more time on before making the rule final.

[BVLOS stands for Beyond Visual Line of Sight, and is a term that refers to flying a drone beyond the pilot’s line of sight.]

When Will the Rule Be Final?

The mandate to finalize the BVLOS rule comes from Executive Order 14307, which requires that it be final within 240 days of the draft rule’s publication.

Given that the draft rule came out August 7, 2025, by our math this would put the deadline at February 1, 2026.

This deadline means we should have a new, final BVLOS rule live in early 2026. While the FAA toils away to finalize the rule, let’s take a look at what people had to say about it.

3 Major Concerns About the FAA’s BVLOS Rule

3,000 comments is a lot of information to sift through. But when you review the comments, some major themes stand out.

Here are the three biggest concerns that came up in people’s comments on the FAA’s draft BVLOS rule.

1. Right-of-Way Rules

→Big picture: This is about who gets priority in the airspace between drones and manned aircraft.

One of the most contentious issues is the NPRM’s right-of-way provisions, which would grant drones conditional right-of-way over crewed aircraft unless those aircraft are electronically conspicuous (this means broadcasting ADS-B or similar signals).

Pilot groups like AOPA strongly oppose this, warning it undermines centuries-old safety norms and shifts undue responsibility onto crewed aircraft operators. The FAA faces pressure to clarify or revise these rules to maintain safe airspace sharing.

2. Transition Challenges for Current Operators

→Big picture: Current drone pilots want a clear and fair way to move over to the new rules without losing their existing permissions.

Many existing drone operators flying under Part 107 BVLOS waivers worry about the lack of a clear pathway to switch to Part 108. Without streamlined grandfathering, these operators could lose long-standing privileges despite proven safety, sparking uncertainty and anxiety about their operational future.

3. Concerns About DJI and Foreign-Manufactured Drones

→Big picture: People are worried the draft rule would exclude DJI drones.

The draft Part 108 rule restricts airworthiness acceptance largely to drones made in the U.S. or countries with specific bilateral agreements, which currently do not include China.

This restriction effectively excludes most DJI drones. DJI has warned this could ground many existing operations dependent on their platforms, including public safety agencies, small drone service providers, and so many others who rely on DJI technology.

4. Burdens on Small Operators and Public Safety

→Big picture: People are worried the new rules will be too expensive and too complicated.

The rule’s requirements for Safety Management Systems (SMS), certified personnel, and organizational approvals may disproportionately impact smaller businesses and public safety agencies. Many of the people who commented believe the proposed framework favors large, well-funded operators and could hinder resource-limited groups currently conducting safe BVLOS operations.

Additional Concerns

Here are some other concerns people expressed in the comments:

• Reduced role for manual pilot control. The NPRM prioritizes automation, removing direct manual control and eliminating the safety net of pilot-in-the-loop operations.
• Population density as the sole risk metric. Operators argue the rule focuses too much on population density, ignoring other mitigations at controlled sites like mines or construction zones—people that work in these kinds of places have called for more nuanced risk assessments.
• Need for clarity in permissions and security. Stakeholders want more clarity on the definitions for permits, certificates, and security standards to adapt as technology evolves.

3 Positive Aspects of the FAA’s BVLOS Rule

While there are definitely concerns, many people broadly support key elements of the proposed BVLOS rule.

Here are the three biggest things people like about the rule.

1. Clear Pathway for Scaling BVLOS Operations

→Big picture: People like that we finally have a rule that will let us fly BVLOS.

The rule establishes a standardized, nationwide regulatory framework for routine BVLOS operations by rule rather than waivers. Many people see this framework as essential for scaling commercial drone use across industries like agriculture, delivery, infrastructure, and public safety.

2. Organizational Responsibility Shift

→Big picture: People are happy that the rule moves the responsibility for BVLOS operations from individual pilots to organizations.

By assigning compliance obligations to the drone operator organization instead of individual remote pilots, the rule better reflects modern corporate drone programs with formal Safety Management Systems, improving oversight and operational safety.

3. Emphasis on Automation and Modern Airspace Integration

→Big picture: People like that the rule embraces automation and newer air traffic systems, setting the stage for safer, more scalable drone flights in shared airspace.

The NPRM’s inclusion of automation, such as the new optional flight coordinator role, and integration with air traffic management systems is viewed positively as a forward-looking move allowing scalable, safe drone operations in national airspace.

Additional Positive Feedback

• Performance-based regulations. Support for flexible, performance-based safety standards that can adapt to rapid technology changes.
• Reduced burden on pilots. Streamlined training requirements and removal of unnecessary pilot medical certificate mandates.
• Recognition of industry progress. Acknowledgement that safely conducted BVLOS drone operations have a strong safety record and should continue to expand.

That’s all for now. As new information comes out about the BVLOS rule, we’ll be sure to keep you updated.