What a Surprise! The FAA’s BVLOS Rule Is Live

Well, this was unexpected.

U.S. Transportation Secretary Sean P. Duffy just unveiled the FAA’s draft BVLOS rule.

[BVLOS stands for Beyond Visual Line of Sight. It means flying a drone beyond the pilot’s visual line of sight, i.e., without seeing it directly.]

Just a few weeks back, we wrote about why the FAA missed key deadlines to release this rule.

In that reporting, we covered findings from a recent federal report that looked at why the FAA has been slow to get the rule out. And, put simply, it didn’t seem like the agency was anywhere near done with the rule.

But now the rule is out.

Keep reading for the biggest takeaways from the new rule.

Important Note on Operators vs. Pilots

In the BVLOS rule, an operator is considered a company, not an individual drone pilot.

Following this definition, when we refer to a “standardized Part 108 operator approval process” we’re referring to a process for companies to follow, not individual drone pilots.

3 Big Takeaways

Here are the three most important things to know from the rule:

1. Standardized Part 108 Operator Approval for BVLOS

The new rule creates a clear, standardized regulatory framework under Part 108 that enables commercial drone operators to fly beyond visual line of sight without applying for individual waivers per flight.

To conduct BVLOS operations, drone operators—meaning the organizations or companies managing the operations—must obtain either:

• Operator permits for lower-risk or smaller-scale BVLOS operations
• Operator certificates for higher-risk or larger-scale BVLOS operations

As noted above, individual pilots are not required to obtain new FAA airman certificates for BVLOS under this framework. Instead, operators (i.e., companies) are responsible for ensuring their personnel are properly trained and qualified.

This process replaces the previous, slow waiver-based process and unlocks scalable, routine BVLOS operations for the first time.

2. Operational Limits and Enhanced Technology Requirements

While the 400-foot altitude limit has long been standard for drone flights, the new BVLOS rule formally embeds this limit within a consistent, nationwide regulatory framework that requires FAA-approved operational areas and standardized safety procedures, replacing the previous patchwork of case-by-case waivers.

The rule heavily relies on autonomous detect-and-avoid technology to replace human observers and requires drones to securely identify and avoid other aircraft and obstacles, plus use Remote ID and other communication standards.

3. Integrated Traffic Management and Security Oversight

BVLOS operators must use FAA-approved Automated Data Service Providers to participate in Unmanned Traffic Management (UTM) systems, ensuring safe drone separation in shared airspace.

The Transportation Security Administration also plays a role through security threat assessments and cybersecurity mandates to protect sensitive operations, marking a coordinated approach to safety and security in expanded drone use.

What’s in the New BVLOS Rule?

Want to know more about what’s in the BVLOS rule?

We got you covered. Although the full BVLOS rule is about 700 pages, the FAA has released a fact sheet that summarizes the key points in the rule.

We’ve gone through and pulled out the key findings beyond those three we covered above.

Here they are:

• Pre-flight and in-flight procedures. This directly affects pilots’ day-to-day safety responsibilities and operational requirements such as hazard assessments, NOTAM reviews, contingency plans for communication losses, and compliance with operational boundaries.
• Approved operational areas and controlled airspace coordination. Pilots must understand where they are allowed to fly and how those flight zones are managed and coordinated with the FAA to safely share airspace with manned aircraft.
• Use of automated data service providers (ADSPs). These are required for traffic management and data exchange in UTM systems, which directly affects how pilots operate within an integrated airspace and share flight information.
• Incident reporting and transparency. Operators and pilots need to know their obligations to document and report anomalies or incidents, which is critical for accountability and regulatory compliance.
• Security and cybersecurity requirements. Ensuring systems and data links are secure is important but generally handled more at the organizational and manufacturer level than by individual pilots.
• Expanded drone size and airworthiness approach. While this expands what drones may be used, it is more relevant to manufacturers and operators than the typical commercial pilot focused on procedural compliance.
• Wide range of commercial and civic applications. This provides context about what the BVLOS rule enables but is more informational than immediately operational or regulatory for pilots.

Read more:

• FAA BVLOS rule fact sheet 
• Full BVLOS draft rule
• U.S. Transportation Secretary BVLOS Rule Announcement

NPRMs: How the Rulemaking Process Works

The draft BVLOS rule is formally called a Notice of Proposed Rulemaking (NPRM).

Whenever the FAA or any other federal agency wants to make a rule, it must first release a draft of the rule for public comment, and that draft is called an NPRM.

Once an NPRM is published in the Federal Register, the public can comment on it for a set period of time, and those comments must be considered by the agency before it issues the final rule. The comment period typically lasts 60 days, representing the final chance for public input before finalizing the rule.

Let Your Voice Be Heard

Want to comment on the BVLOS rule?

Here’s how to do it:

• Read the Proposed Rule (NPRM). Familiarize yourself with the full text of the Notice of Proposed Rulemaking (NPRM) and related materials on the FAA’s website to understand the details and implications.
• Prepare Your Comments. Write your feedback, questions, or concerns about the proposed BVLOS rule. Comments can come from individuals, businesses, advocacy groups, or any interested stakeholders.
• Submit Your Comments. Comments must be submitted within 60 days of the NPRM’s publication in the Federal Register (published August 5, 2025). Submit your comments by going here and clicking “Public Comments” in the menu on the left, then clicking “View Comment Instructions.”
• Spread the Word. Encourage colleagues and communities in the drone industry or related sectors to review the rule and submit comments before the deadline. The FAA carefully reviews all feedback to shape the final rule.Note: The public comment period will close 60 days after the rule’s publication in the Federal Register, on October 6, 2025. The FAA has stated it will not extend this deadline, so timely participation is important.

What’s Next

The bottom line: if adopted, this new rule will make it a lot easier for drone pilots to fly BVLOS.

With a standard approval process for operators (keeping in mind that operators are companies, not pilots), lower barriers to entry, and rules that keep pace with technological change, the U.S. drone industry could finally start to scale.

But the new proposal is also just that—a proposal. Public feedback over the next 60 days will be crucial to ironing out specifics and making sure the rule works for everyone, not just the big players.

For now, we’re optimistic. The new rule represents a huge shift from the “one waiver at a time” approach, signaling that after years of slow progress, the FAA is ready to expand routine BVLOS drone operations.