The Federal Aviation Administration’s revamp of its beyond visual line of sight (BVLOS) regulations is causing a stir, and for good reason: Part 108 and Part 146 could create the most comprehensive and empowering framework for BVLOS drone operations yet seen in the world.
“This has been a long time coming,” said Sean Duffy, US Transportation Secretary, about the update. In fact, it’s a journey that’s taken twenty years.
A long journey
It was in 2005 that the FAA first granted an airworthiness certificate for a civil drone, in that case for search and rescue efforts following Hurricane Katrina. At the time, there were no drone regulations at all, only an informal one-page advisory relating to remote control planes dating from 1981.
As consumer drones began to fill civil airspaces, the FAA responded with a 2007 ruling (2006-25714) clarifying that approval was needed for all but recreational flights. But requests for approval for commercial and public service use only grew. In 2012, Congress passed the Modernization Reform Act, enabling pilots to get commercial permits, of which thousands were awarded by 2016. And in 2016, the FAA passed Part 107, which created the framework and restrictions that drone operators in the US are familiar with today: amongst others, that if you want to fly beyond visual line of sight in the USA, you need a Part 107 Waiver.
For context, a US Department of Transportation audit of June 2025 reported that approvals for BVLOS operations reached 26,870 in 2023. With so many BVLOS operations happening, it seemed less and less logical to treat them as exceptions to the rule, as well as subject to a slow and unpredictable approval process.
And so, in a move to bolster the American UAS industry, Congress passed the Increasing Competitiveness for American Drones Act in 2023. It directed the FAA to create a new streamlined system by 2026 – and a recent executive order gave a more concrete deadline.
The new Notice of Proposed Rulemaking (NPRM) is the result, and it’s pretty revolutionary.
Comprehensive, clear, and streamlined
The proposed Part 108 framework will allow operators to receive approval to execute BVLOS operations on an ongoing basis. It provides a better-defined and homogenous set of standards for compliance, a key tenet of which is mandatory connection to an Automated Data Service Provider (ADSP), which is defined in Part 146.
According to the proposed rules, operating permits and certificates (the latter for more complex and/or risky operations) will be granted according to factors including drone and operation type, flight boundaries, population density, and the approximate number of daily operations. 400 ft SGL will be the operating ceiling, and operators will need to demonstrate familiarity with airspace rules and yield to manned aircraft. New roles have been created to support accountability, while drones themselves will need to prove airworthiness according to industry consensus standards and be equipped with collision avoidance technology.
The principal advantage of the new framework, and the element that is so exciting to the UAS industry, is that it significantly simplifies and shortens the process of risk assessment and approval.
“This is an exciting move because it represents a fundamental shift in how the law treats BVLOS operations. They’re no longer exceptions to the rule, but accepted as a fundamental element of drone activity in civil airspace,” said Guy Mazor, Regulation Manager at High Lander. “It’s also good to see the NPRM provide sufficient focus on safety infrastructure in Part 146. Requiring operators to connect to a dedicated airspace management platform and codifying standards for these services is something that the UAS industry has been working towards for years. Whether these services are called ADSP or UTM, it’s great to see a national aviation authority get the ball rolling on national rollout.”
Part 146 outlines key capabilities of ADSPs, including real-time conformance monitoring, strategic deconfliction, and the sharing of critical airspace data. Part 146 also guides certification (including a planned electronic application form), proven use of Quality Management Systems, and standards for cybersecurity and software update sharing. It specifies that long gaps in updates could trigger inspections by the FAA. Qualifying as an ADSP for larger-scale and riskier operations (Service Level 3) will require a thorough demonstration of compliance.
On the doorstep of a new era
“The significance of this new framework can’t be overstated for the UAS ecosystem in the US, and worldwide,” said Alon Abelson, CEO and founder of High Lander. “The FAA is streamlining the creation and operation of new aerial services and businesses, which will be a powerful catalyst for enterprise, innovation, and public safety. At the same time, it’s taking the lead in cementing safety standards built upon hard-earned industry expertise, which will boost public trust in unmanned aviation while creating new opportunities for data service providers. This new framework will likely inspire authorities worldwide to follow suit.”
Notably, the FAA has not specified that data services must be provided by a UTM system, instead choosing to pragmatically focus on services defined by standards. Nonetheless, UTM services are the industry consensus standard for platforms providing the services outlined in Part 146, and the proposal enables recognition of comparable foreign certificates after review.
“Enabling the seamless integration of BVLOS operations into national airspaces at scale is central to High Lander’s mission, be they drone deliveries, security, public safety, facility inspections, or any of the other countless applications of UAS technology,” added Abelson. “We’ll be watching the development and implementation of these new regulations with great interest over the coming months, and invite BVLOS operators to turn to us for their FAA-compliant data services and take advantage of a new world of opportunities.”
About Vega UTM
High Lander’s Vega UTM is a UAS traffic management system. It provides real-time airspace awareness, conformance monitoring, strategic and tactical deconfliction, geo-awareness data sharing, integrated counter-UAS systems, and other services from a single intuitive dashboard, at any scale. Operational since 2018, Vega has enabled tens of thousands of BVLOS flights for clients in diverse industries and territories. Vega UTM is accompanied by Vega Fly, a mobile app for drone operators to receive flight plan approvals and real-time airspace data.
Vega is built to international standards set by ASTM, ICAO, EASA, and EUROCAE, and as a GUTMA regional ambassador, High Lander participates in the development of international standards at the highest level. Vega fulfills all requirements for ADSPs as defined in Part 146 and can provide Part 108 operators with operational certificates up to Service Level 3.
