Part 108: Everything We Know about the FAA’s Upcoming BVLOS Rule

Next Steps for Part 108

So what’s next for Part 108?

Here’s what we know right now:

• NPRM deadline and process. The FAA is mandated to deliver the Notice of Proposed Rulemaking (NPRM)* for Part 108 by the end of the year. This NPRM will lay out the proposed regulations and invite public feedback. Once published, the NPRM will be open for public comment, typically for a period ranging from 30 to 90 days. This allows stakeholders to provide input on the proposed rule before it is finalized.
• Public comment period. During the public comment period, anyone can submit feedback on the proposed rule. This is a crucial step in the rulemaking process as it helps shape the final regulation. After the comment period ends, the FAA will review the feedback, which can take several months or longer, depending on the volume and complexity of the comments.
• Final rule timeline. Although there is no set date for the release of the final Part 108 rule, it is expected that the rule could be finalized sometime in 2025, after the NPRM review and adjustments based on public input.
• Other developments. As the rule progresses, additional guidance and updates may be issued by the FAA. It’s essential for stakeholders to stay informed and participate in the rulemaking process to help ensure that the final regulations support the safe and efficient integration of BVLOS operations into the national airspace system.

For more detailed information on FAA rulemaking and updates, visit the FAA Rulemaking page.

What Is an NPRM?

A Notice of Proposed Rulemaking (NPRM) is a public notice issued by a U.S. federal agency and published in the Federal Register that describes a proposed new regulation or rule change and solicits public comments on it.

Here’s how it works:

• The FAA (or another federal agency) publishes an NPRM.
• The NPRM receives public comments for a set period of time (usually 60 days).
• Then, the agency collects all the comments, deliberates, and creates the final version of the rule.

Remote ID went through this process back in 2020, and several other FAA rules have also started as NPRMs, including the Part 107 rules.

BVLOS ARC’s Full BVLOS Rule and Recommendations

Back in 2022, the BVLOS ARC (Advisory and Rulemaking Committee) released a report that contained 70 recommendations, a proposed version of the Part 108 rule, and several other considerations.

Be forewarned—this section is long and technical. However, it also provides the most detailed insight into what might be in the Part 108 when the FAA actually releases it.

Keep reading for the ARC’s draft rule and their BVLOS recommendations.

Note: All of the information in this section came from the BVLOS ARC’s final report, which was released in March of 2022. Here is the full report.

BVLOS ARC’s Proposed Rule: 14 CFR Part 108

Subpart A – General

• § 108.1 Applicability.
• § 108.3 Definitions.
• § 108.5 Falsification, reproduction, or alteration.
• § 108.7 Inspection, testing, and demonstration of compliance.
• § 108.9 Accident reporting.

Subpart B – Operating Rules

• § 108.11 Applicability.
• This Subpart applies to UAS BVLOS operations at the following Automated Flight Rules (AFR) Levels:
  • (a) For UA with 25,000 ft-lbs. or less of kinetic energy, including everything that is on board or otherwise attached to the aircraft, operating at:
    • 1. AFR Level 2 Automation: a pilot to UA ratio greater than 1:5
    • 2. AFR Level 3 Automation: a pilot to UA ratio greater than 1:20
  • (b) For UA with more than 25,000 ft-lbs. of kinetic energy, including everything that is on board or otherwise attached to the aircraft, operating at:
    • a pilot to UA ratio greater than 1:5
• § 108.12 Requirement for a remote pilot certificate.
• § 108.13 Registration.
• § 108.15 Condition for safe operation.
  • (a) No person may conduct a BVLOS UA operation unless the UA is in a condition for safe operation. For a BVLOS UA flight under AFR, the remote pilot in command will take appropriate steps to confirm conditions for safe operation and safe launch and landing areas by consulting relevant information, which may include weather station information, systems, and sensors on-aircraft and other flight support systems. Prior to each flight, the remote pilot in command must check the uncrewed aircraft system, and associated elements, to determine whether it is in a condition for safe operation. Such checks may be conducted on-site by direct inspection; remotely via aircraft system monitoring and health ground and flight checks, or a combination of both as approved in the aircraft’s flight manual.
  • (b) No person may continue a BVLOS UA operation when the person knows or has reason to know that the UAS, or associated elements, are no longer in a condition for safe operation.
• § 108.29 Operation at night.
• § 108.20 Operations in shielded areas.
• § 108.21 In-flight emergency.
• § 108.23 Hazardous operations.
• § 108.27 Alcohol or drugs.
• § 108.35 Operation of multiple uncrewed aircraft.
• § 108.37 Operation near aircraft; low altitude right-of-way rules.
  • (a) Every uncrewed aircraft operating below 500’ AGL and away from structures, must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles equipped and broadcasting their position via ADS-B out or Traffic Awareness Beacon Systems (TABS). Yielding the right of way means

BVLOS ARC’s 70 Recommendations

Air & Ground Risk Recommendations (AG)

• AG 2.1. The acceptable level of risk (ALR) for UAS should be consistent across all types of operations being performed, and no more restrictive than the accepted fatality rates of general aviation.
• AG 2.2. The rules should be predicated on the risks of operation based on UA capability, size, weight, performance, and characteristics of the operating environment as opposed to the purpose of the operation.
• AG 2.3. BVLOS operations to the greatest extent possible should be allowed to occur through compliance with the regulation alone without the need for a waiver or exemption.
• AG 2.4. The FAA should encourage voluntary reporting in accordance with the UAS Aviation Safety Reporting System (ASRS).
• AG 2.5. The rule should enable the carriage of hazardous materials beyond the specified quantities (per OQ 2.19). Carriage of hazardous materials beyond the specified quantities of OQ 2.19 shall have appropriate mitigations, as established via a performance-based industry consensus standard that is proportionate to the risk of the operation.
• AG 2.6. The rule should allow UAS to conduct transient flights over people. The rule should allow sustained flight over non-participants with strategic and/or technical mitigations applied.
• AG 2.7. The rule should be based on a minimum capability needed to safely perform the operation, not a minimum equipment list.
• AG 2.8. The FAA should develop pathways to support innovation and accommodate emerging technology. The FAA should give consideration to approvals for low-risk Research and Development initiatives.
• AG 2.9. The FAA should incorporate uncrewed aviation into existing surveys or deploy a survey similar to the General Aviation and Part 135 Activity Survey.

Flight Rules Recommendations (FR)

• FR 2.1. The FAA should amend Part 91.113 (b) to allow a range of sensing methodologies.
• FR 2.2. The ARC recommends that UA operations in Non-Shielded Low Altitude Areas (i.e., below 400’) yield right of way to crewed aircraft equipped with ADS-B or TABS and broadcasting their position.
• FR 2.3. The ARC recommends that UA operations in Non-Shielded Low Altitude Areas (i.e., below 400’) have right of way over crewed aircraft that are not equipped with an ADS-B out as specified in 14 CFR § 91.225 or TABS.
• FR 2.4. The FAA should amend FAR Rule Part 91.113(d) to give UA Right of Way for Shielded Operations.
• FR 2.5. Pilots should be educated to associate obstacles and structures along their flight path with uncrewed flight operations to increase situational awareness during both preflight planning and actual operations.
• FR 2.6. The FAA should revise §91.103 to include a new part (c) to accommodate UA operations.
• FR 2.7. The FAA should amend § 91.119 to allow UA operations below the Minimum Safe Altitude restrictions.
• FR 2.8. The FAA should amend FAR Rule Part 107.31 to include Extended Visual Line of Sight.
• FR 2.9. The FAA should amend FAR Rule Part 107.33 to allow a visual observer to assist and support BVLOS operations.

Aircraft & Systems Recommendations (AS)

• AS 2.1. The FAA should establish a new ‘BVLOS’ Rule which includes a process for qualification of uncrewed aircraft and systems. The rule should be applicable to uncrewed aircraft up to 800,000 ft-lb of kinetic energy in accordance with the Operating Environment Relative Risk Matrix.
• AS 2.2. The new BVLOS rule should address Maintenance, Repair, and Modifications of UA.
• AS 2.3. The new BVLOS rule should address software qualification for UA and AE.
• AS 2.4. The new rules should include UA noise certification requirements appropriate to the operating environment. Compliance should be demonstrated through a simple testing methodology.
• AS 2.5. The FAA should establish a new ‘BVLOS’ Rule which includes a process for qualification of the associated elements of an uncrewed aircraft system.
• AS 2.6. The new rule should define who must make a declaration of compliance.
• AS 2.7. Establish a new Special Airworthiness Certification for the UAS category under Part 21.
• AS 2.8. The FAA should establish a Repairperson Certification for the UAS Category to perform inspection, maintenance, and repair of UAS holding SAC under this proposed rule.
• AS 2.9. Recommend exemption from Production Certification requirements IF TC applicants declare compliance to the LSA standard for a quality system.
• AS 2.10. The FAA should consider allowing third-party test organizations to audit compliance.

Operator Qualifications Recommendations (OQ)

• OQ 2.1. The FAA create a new 14 CFR Part that governs UAS BVLOS Pilot and Operator certification requirements and operating rules.
• OQ 2.2. The FAA should adopt the categories defined in the Automation Matrix for BVLOS training and qualification requirements.
• OQ 2.3. The FAA modify 14 CFR Part 107 to enable limited BVLOS operations under the existing Remote Pilot with Small UAS Rating certificate.
• OQ 2.4. The FAA expand the knowledge test for the 14 CFR Part 107 Remote Pilot Certificate with Small UAS Rating to cover topics associated with EVLOS and shielded UAS operations.
• OQ 2.5. The FAA establish a new BVLOS rating for the Remote Pilot certificate under the new 14 CFR Part.
• OQ 2.6. The FAA’s required UAS pilot knowledge areas and skills for the BVLOS rating should include the knowledge areas required by the FAA for the 14 CFR Part 107 Remote Pilot certificate.
• OQ 2.7. The BVLOS rating process should incorporate additional knowledge and examination areas to support advanced BVLOS and 1-to-many operations.
• OQ 2.8. The FAA should provide both direct and progressive paths to achieving the Remote Pilot Certificate with a BVLOS rating.
• OQ 2.9. Remote Pilots certificated under Part 107 that have completed a BVLOS training program certified by a public aircraft operator entity (as defined in 14 CFR Part 1) should be able to receive their BVLOS rating via online training, similar to the existing Part 107 certification pathway for current Part 61 pilots.
• OQ 2.10. UAS BVLOS guidance and advisory materials should establish a clear and traceable path for operational control and specific training/qualification/currency requirements.
• OQ 2.11. Create two levels of Operating Certificates for commercial UAS operations: a Remote Air Carrier certificate and a Remote Commercial Operating certificate.
• OQ 2.12. Set threshold requirements for certain UAS BVLOS operations beyond which a Remote Air Carrier Certificate or Remote Operating Certificate is required.
• OQ 2.13. Create Operating Requirements that govern Remote Air Carrier and Remote Operating certificate holders.
• OQ 2.14. Create Certification and Operating Requirements that govern Agricultural Remote Aircraft Operations.
• OQ 2.15. For UAS Operating Certificate holders create a designated position authorized under the New Part that exercises operational control and ultimate responsibility for 1-to-many BVLOS flights conducted under their supervision.
• OQ 2.16. The FAA should develop tailored medical qualifications for UAS pilots and other crew positions that consider greater accessibility and redundancy options available to UAS.
• OQ 2.17. Remote Pilots (regardless of rating) are expressly authorized to act as Remote Pilot in Command of an uncrewed aircraft operated for compensation or hire.
• OQ 2.18 – The intent of the ARC is that the privileges and limitations of the final BVLOS rule will be available to all aircraft operating under this rule, including public agency operations.
• OQ 2.19 – Allow only appropriately vetted UAS operators that are approved by the relevant authority to conduct operations deemed to be a higher security risk.
• OQ 2.20 – The FAA should provide an exception to the restrictions and requirements for the carriage of specified quantities of hazardous materials for delivery by holders of a Remote Air Carrier or Remote Operating Certificate.

Third-Party Services Recommendations (TP)

• TP 2.1 – The FAA should adopt a regulatory scheme for third-party services to be used in support of UAS BVLOS.
• TP 2.2 – The FAA and NASA should conduct a study to determine what level of aircraft operations in a defined volume of the airspace would trigger the need for mandatory participation in federated or third-party services.

Environmental Recommendations

• ER 2.1 – As the FAA reviews the BVLOS Rule, the ARC recommends the FAA determine that the BVLOS Rule is unlikely to result in a significant impact on the environment.
• ER 2.2 – NEPA review of the BVLOS rule must be timely and programmatic in scope.
• ER 2.3 – Environmental reviews should not be required for individual BVLOS operations enabled by the Rule.
• ER 2.4 – The FAA should provide an interim pathway to enable BVLOS operations in the near term, pending the finalization of the BVLOS Rule.
• ER 2.5 – The FAA interprets NEPA in a way that expedites the BVLOS rulemaking. If the FAA concludes that it is required to implement NEPA in such a way that would substantially delay either the BVLOS rulemaking or BVLOS operations, the ARC recommends asking Congress to consider legislative actions.

General Recommendations

• GP 2.1 – The DOT and the FAA should assess and evaluate societal benefits from UAS BVLOS operations broadly and consider categories and types of benefits that are not easily quantifiable. This includes a holistic and comprehensive analysis of the environmental, equitable, safety, economic, security, and health benefits.
• GP 2.2 – Public Perception – The industry must continue to work with all governments, including federal, tribal, state, and local, as well as directly with communities to enhance public understanding of the benefits of UAS BVLOS use.
• GP 2.3 – Immediately after promulgating the new BVLOS rule, the FAA should issue an Advisory Circular providing guidance.
• GP 2.4 – The FAA should continue the waiver and exemption process while the rulemaking process is progressing, considering the proposed recommendations as a basis for approval when appropriate.
• GP 2.5 – International Harmonization – The FAA should work closely with international partners to streamline regulatory processes.
• GP 2.6 – Resolve Ambiguity around Intergovernmental Jurisdictional Roles – The FAA should continue an open dialogue with all interested stakeholders on jurisdictional issues. Further, the FAA should explore a clearinghouse for relevant inputs from certified entities, especially local governments, to advance the industry integration.
• GP 2.7 – The FAA should publish an order that governs FAA participation in industry standards development organizations.
• GP 2.8 – Executive Branch Leadership on UAS Issues – The White House and the Department of Transportation should play a leadership role in UAS BVLOS integration.
• GP 2.9 – Counter-UAS Issues – The US government should renew the Preventing Emerging Threats Act.
• GP 2.10 – FAA Extension Act – The FAA, together with national security agencies, should implement a process by which trusted operators, including those operating BVLOS, can receive FAA approval to traverse FAA-designated fixed sites.
• GP 2.11 – DOT Economic Authority – Congress and the Department of Transportation should review the application of the aviation citizenship laws to the UAS industry to minimize barriers to entry and operational hindrances.
• GP 2.12 – Spectrum Related Issues – The FAA should work with the FCC and NTIA to support enabling all available communications technology for the industry in a timely way.
• GP 2.13 – Network Remote ID Implementation – The ARC urges the national security agencies and the FAA to engage in an open dialogue with industry and civil society stakeholders to find solutions that enable network remote identification implementation.
• GP 2.14 – The FAA establish a cybersecurity working group composed of members of the UAS and aviation industry, communications industry, academics, expert agencies, and other cybersecurity experts.
• GP 2.15 – Until the new rule is promulgated, the proposed framework outlined in the Operations Matrix should be leveraged as Guidance Material for applicants and reviewers under the existing FAR Part 107 Waiver Process.