A newly released report explains why the Federal Aviation Administration failed to meet another beyond visual line of sight (BVLOS) deadline.
The Federal Aviation Administration (FAA) is facing a series of challenges in releasing the long-anticipated Beyond Visual Line of Sight (BVLOS) rule, as identified by the Office of Inspector General (OIG) and related sources. The rule, intended to make BVLOS flights easier and more accessible, has been the subject of repeated regulatory delays and missed deadlines.
The FAA Reauthorization Act of 2024 mandated an Notice of Proposed Rulemaking (NPRM) for BVLOS operations by September 2024, a deadline that was missed. This was followed by a June 2025 Executive Order demanding the NPRM within 30 days, which also went unmet.
One of the main issues is the scalability of the current waiver process. The FAA’s existing system for BVLOS operations relies heavily on case-by-case waivers, which are costly, time-consuming, and not designed to scale with the growing volume of applications. This has created a backlog that costs operators significant delays and financial losses.
A key challenge is replicating the “see-and-avoid” capability that human pilots have, which is required to ensure safe BVLOS flights. Detect-and-avoid (DAA) technology—encompassing radar, lidar, AI, and secure communication links—is critical but remains complex and expensive to develop and certify.
Another challenge is establishing clear metrics and standards for assessing BVLOS safety and effectiveness. Developing uniform criteria for DAA systems and ensuring reliable communications over long distances are ongoing challenges.
In response to these challenges, the FAA is taking steps to fast-track the publication of the Part 108 rule. The Executive Order "Unleashing American Drone Dominance" mandates quicker FAA action, with a requirement to publish the NPRM and establish safety metrics. This executive push reflects a strong administrative effort to overcome previous delays and move BVLOS operations from exception to routine.
The proposed rule aims to replace the current waiver-based framework with a standardized rule that allows certified operators to conduct BVLOS missions routinely. This includes operational permits for low-risk activities and comprehensive operational certificates for large-scale commercial uses like delivery networks.
The rule will also mandate robust detect-and-avoid systems, secure communication links, and enhanced pilot or corporate training to ensure safe BVLOS operations at scale. The FAA is also directed to identify any remaining regulatory barriers and recommend solutions within 180 days to facilitate further acceleration and scaling of BVLOS operations.
Despite these efforts, the FAA still lacks a universal risk-assessment model or performance-based metrics for BVLOS operations. Interagency coordination challenges also exist due to the need for multiple federal entities, like the Department of Homeland Security and the Department of Defense, to review each BVLOS request, creating additional bottlenecks.
In conclusion, the FAA’s major hurdles are administrative delays, scalability of the waiver process, and technical challenges mainly surrounding detect-and-avoid technologies and regulatory standards. The current solutions focus on fast-tracking publication of the Part 108 NPRM, shifting to routine operational approvals rather than waivers, and codifying technology and training requirements to safely enable expanded BVLOS drone flights.
- The FAA's upcoming Part 108 rule aims to replace the current waiver-based framework, allowing certified operators to conduct BVLOS missions routinely.
- Development of uniform criteria for DAA systems and ensuring reliable communications over long distances are ongoing challenges in establishing clear metrics and standards for BVLOS safety and effectiveness.
- The delay in releasing the Beyond Visual Line of Sight (BVLOS) rule is due to the scalability issue in the FAA's existing waiver process, which is costly, time-consuming, and not designed to scale with the growing volume of applications.
- The Federal Aviation Administration (FAA) is directing the FAA to identify any remaining regulatory barriers and recommend solutions within 180 days to facilitate further acceleration and scaling of BVLOS operations.
- The "Unleashing American Drone Dominance" Executive Order has mandated quicker FAA action, with a requirement to publish the NPRM and establish safety metrics, as a response to the challenges faced in releasing the BVLOS rule.
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