The Federal Aviation Administration (FAA) has released its Notice of Proposed Rulemaking (NPRM) for Beyond Visual Line of Sight (BVLOS) operations of Unmanned Aircraft Systems (UAS). The deadline for public comments is October 6, 2025. The NPRM would create special requirements for newsrooms looking to fly BVLOS missions. It would require applications for shorter-term “permits” and longer-term “certificates,” the latter of which imposes stricter reporting requirements to the FAA.
Summary of Proposed Rule
The FAA proposes that BVLOS operations be authorized under a new “Part 108,” which would parallel the small-drone rule, Part 107, that the FAA implemented in 2016. The NPRM proposes to create several expansive categories of BVLOS operations (i.e., package delivery, agriculture, aerial surveying, etc.) that have particularized restrictions and requirements.
The FAA did not create a distinct category for news operations. Instead, the NPRM explicitly spells out that “newsgathering” falls within the category of “aerial surveying” operations, which permits photography and videography. At a high level, here are some of the proposed rules and limitations on newsgathering (again, categorized in the NPRM under “aerial surveying”):
- Newsrooms must seek permission to operate drones BVLOS under either an FAA “operating permit” or an “operating certificate.”
- Permits would be valid for 24 months and have less FAA surveillance
- Certificates would not expire, but would involve “routine and frequent surveillance” by the FAA to ensure continued compliance with the regulations. Certificate applicants would also require providing additional details at the front end about their UAS program and safety measures.
- Newsrooms will not be permitted to have more than 25 “active” UAS in a fleet capable of conducting BVLOS operations “either directly under the control of the operator, through lease agreements with other persons, subcontractors, or subsidiaries”
- These UAS will be limited to 110 pounds (an increase from the 55-pound limit under Part 107)
- Newsgathering operations will be limited to “Category 3” population density and above, putting out of reach cities and “heavily” populated areas in smaller towns for BVLOS operations:
- Under “Category 3,” BVLOS operations would not be permitted within major metropolitan areas, or even “areas such as shopping centers and multifamily housing.” Instead, “Category 3” use is limited to areas of “moderate population, such as developments and single-family homes, which are often located within a few miles of small, higher density areas such as shopping centers or schools.”
In addition, the FAA has proposed several security provisions for all BVLOS operators:
- UAS enabled for BVLOS operations will be required to have lighting and broadcast remote identification;
- UAS enabled for BVLOS operations will also require an operations supervisor and flight coordinator to oversee each operation; neither will be required to hold an FAA-issued pilot certificate, but as described below in paragraph 3, will have to undergo background and watchlist checklists;
- The operations supervisor, flight coordinator, and others, including those who have unsupervised access to UAS equipment, will have to undergo enhanced “security threat assessment,” which will include an enhanced background check, with criminal history, immigration, and intelligence-related databases and watchlists, and an in-person visit to a Transportation Security Administration center to provide identification;
- Operators will be required to have their identification ready and available for inspection upon request by FAA, National Transportation Safety Board or law enforcement personnel;
- Operators will be required to maintain significant paperwork, including about maintenance, personnel training, mechanical issues, continued operational safety data, and configuration control records, that must be made available for inspection upon request by FAA or NTSB; and
- The FAA will be permitted to conduct inspection of UAs without advanced notice.
As with the expansion of Part 107 operations to Operations Over People that required drones to be retrofitted to comply with the FAA’s regulations, there will also be the technical component, which will require enabling existing drones, and manufacturing new drones, with the level of autonomous functionality required for BVLOS operations. That process is not spelled out in this NPRM, and it remains to be seen how quickly drones are able to begin BVLOS operations after adoption of a final rule.
Regarding the 110-pound weight limit: the FAA says they do not plan to modify Part 107 to align it with Part 108, including with respect to the 55-pound weight limit that applies to Part 107 operations because doing so could slow down passage of the BVLOS rules. They do, however, invite comment from anyone who wants them to update the Part 107 to include heavier UAS.
If you have thoughts on this proposal, please send them to Holly Lubart by Friday, August 29.
