FAA proposes rules to make drone flights beyond the pilot's sight routine

August 2025 — The FAA wants drones that fly out of their operators' sight to stop needing one-off permission. Here's what launched, what it cost, and what went wrong.

Cost and outcome (as of Aug. 7, 2025)

Weight limit: drones up to 1,320 pounds, including cargo. (Federal Register)
Fleet caps under a permit: 100 active aircraft for package delivery, 25 for aerial surveying and civic interest, 10 for agriculture and training, and 50 for demonstrations, per the proposal's Table 4 (its summary groups demonstrations with the 10 cap). (Federal Register)
Comment window: 60 days, closing Oct. 6, 2025; the FAA said it "will not be extended." (FAA)
Benefits in dollars: not estimated.

What launched

Transportation Secretary Sean Duffy unveiled the proposal on Aug. 5, 2025, and it was published two days later. The proposal says the FAA Reauthorization Act of 2024 directs this rule (Federal Register). Until now, the department's release said, operators "would have to get individual waivers or exemptions" to fly beyond visual line of sight, approved case by case in a process it called "cumbersome."

The proposal follows an executive order, "Unleashing American Drone Dominance," signed June 6, 2025, which says "a final rule shall be published within 240 days of the date of this order."

How it would work

Operators would get either a permit or a certificate, depending on the risk. Permits would cover package delivery, agriculture, aerial surveying, civic interest, training, flight testing, demonstrations and recreation. Civic interest covers flights under contract for government agencies, law enforcement and public safety groups, the proposal says.

Most flights would stay at or below 400 feet above ground. Instead of licensed pilots, "FAA would not require airman certificates but would require each operator" to have an operations supervisor responsible for overall safety, plus qualified flight coordinators who monitor flights and step in if needed.

Risk would scale with population density, measured with LandScan, a federally sponsored population dataset. A new Part 146 would set rules for automated data service providers, the companies that help keep drones separated from each other and from crewed aircraft.

Security, maintenance and aircraft

The TSA helped write the proposal, the FAA said. At the TSA's recommendation, the FAA proposes that operations supervisors, flight coordinators and anyone with unescorted access to a drone, its cargo or its controls undergo up to a Level 3 security threat assessment by the TSA.

Drones would not get FAA type certificates in the traditional way. Instead, the proposal sets up an "airworthiness acceptance" process built on industry consensus standards, and manufacturers would set maintenance standards. Flights within 50 feet of an obstacle or structure, which the proposal calls shielded operations, would be allowed without further authorization.

What officials said

"Our new rule will reform outdated regulations that were holding innovators back while also enhancing safety in our skies," Duffy said. "Thanks to President Trump, America – not China – will lead the way in this exciting new technology." FAA Administrator Bryan Bedford said: "Normalizing BVLOS flights is key to realizing drones' societal and economic benefits." The White House's Michael Kratsios called it "a bold, forward-looking step."

What went wrong

No dollar benefits. The FAA weighed benefits only qualitatively, so the case rests on the agency's description, not a number.
A tight window. A 180-page proposal (90 FR 38212–38391) got 60 days of comment, with extensions ruled out in advance.
Fleet caps. Permit holders face hard limits on active aircraft; delivery is capped at 100.
What we don't know yet: when a final rule will appear, and how the caps or the right-of-way rules will change after comments.

Our follow-up question for the FAA

When does the FAA expect to publish a final Part 108 rule, and what will it change from the proposal?

Later developments (added Oct. 2026)

On Sept. 29, 2025, the FAA and TSA denied requests to extend the comment period. (Federal Register)
On Jan. 28, 2026, the FAA reopened comments on electronic conspicuity and right-of-way rules until Feb. 11, 2026, and on Feb. 10 it denied requests to extend that reopening. (Federal Register, Federal Register)
As of Oct. 25, 2026, the proposal's Federal Register page shows 1,025,014 comments received at Regulations.gov (a count the Federal Register API says was last refreshed from Regulations.gov on Jan. 25, 2026), and we found no final rule in the Federal Register under the docket. The executive order's 240-day target fell in early February 2026. (Federal Register)

Sources

Federal Aviation Administration and Transportation Security Administration, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations” (proposed rule), 90 FR 38212, Aug. 7, 2025. federalregister.gov
U.S. Department of Transportation, “Trump's Transportation Secretary Sean P. Duffy Unveils Rule to Unleash American Drone Dominance as Part of His Innovation Agenda,” Aug. 5, 2025. transportation.gov
Federal Register, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations; Denial of Extension of Comment Period,” Sept. 29, 2025. federalregister.gov
Federal Register, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations; Reopening of Comment Period,” Jan. 28, 2026. federalregister.gov
Federal Register, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations; Reopening of Comment Period; Denial of Extension,” Feb. 10, 2026. federalregister.gov
Federal Aviation Administration, “U.S. Transportation Secretary Sean P. Duffy Unveils Proposed Rule to Unleash American Drone Dominance as Part of His Innovation Agenda,” Aug. 6, 2025 (same text as the department's release). faa.gov

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