U.S. BVLOS Drone Operations Rule Moves Closer to Finalization

U.S. BVLOS Drone Rule Enters Final Review Stage

The Office of Information and Regulatory Affairs (OIRA), part of the White House Office of Management and Budget (OMB), has announced it has formally begun reviewing the Federal Aviation Administration's (FAA) proposed rule titled "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations."

OIRA review is widely regarded as one of the final critical steps before a rule is officially published, signaling that the proposal has entered the home stretch of the rulemaking process.

What the Rule Would Do

According to OIRA, the proposed rule aims to establish performance-based regulations allowing unmanned aircraft systems (UAS) to conduct BVLOS flights in low-altitude airspace, including provisions for third-party services such as UAS Traffic Management (UTM) systems that support such operations.

The rulemaking authority stems from the FAA Reauthorization Act of 2024, with the goal of integrating UAS into the National Airspace System (NAS) and providing clear, predictable, and scalable safety pathways for the following use cases:

• Package delivery and logistics
• Agricultural operations
• Aerial surveying and mapping
• Public benefit missions
• Operator training and demonstrations
• Recreational flying and flight testing

Moving Beyond Case-by-Case Waivers

Law firm Crowell & Moring notes that the proposed rule represents a major shift in how commercial drone operations are conducted in the United States — moving away from a restrictive case-by-case waiver framework toward a system that permits routine BVLOS operations.

Key elements of the draft rule include:

• Remote ID requirements
• Detect-and-Avoid (DAA) capabilities
• Operator certification standards
• Airspace authorization integration procedures

Once finalized, operators would be able to conduct package deliveries, infrastructure inspections, and emergency response missions without navigating burdensome waiver processes.

Two Contentious Issues Remain

Industry experts highlight two unresolved issues that could affect how the final rule is received across the aviation community:

1. Right-of-Way

Crowell & Moring explains that under the proposed revisions to Part 108, drone operators would in some circumstances be granted a presumptive right-of-way over manned aircraft, subject to important exceptions. This provision is expected to draw significant pushback from the manned aviation community.

2. Detect-and-Avoid Technology

The FAA requires that drones operating in higher-risk environments be equipped with technology capable of detecting and avoiding "non-cooperative" aircraft — those without transponders or cooperative equipment. Meeting this technical threshold remains a challenge for many operators and manufacturers.

Third-Party Service Providers Also Covered

The proposed rule also introduces regulatory requirements for third-party service providers, including communications service providers and UTM operators, to build out the ecosystem necessary to support routine BVLOS flights at scale.

Once OIRA completes its review, the rule will proceed to formal publication — a development expected to have far-reaching implications for the U.S. commercial drone industry.

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Sources:

• OIRA Regulatory Information (RIN 2120-AL82)
• Crowell & Moring Analysis

Image: Shutterstock

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