DroneUp's Position on Part 108: Building the Future of BVLOS Operations
The FAA's proposed Part 108 framework marks a turning point for the drone industry. After years of operating under temporary waivers and exemptions, comprehensive regulations for Beyond Visual Line of Sight (BVLOS) operations are finally on the table. DroneUp submitted detailed comments supporting the overall approach while recommending critical improvements to ensure the final rule works in practice.
What We Support
The proposed rule establishes a strong foundation. The performance-based structure, two-path framework, and introduction of Automated Data Service Providers (ADSPs) demonstrate the FAA understands modern airspace management requires flexibility and technological sophistication. The self-declaration approach for UAS airworthiness, backed by consensus standards, creates pathways for innovation without compromising safety.
Where We Push for Improvements
No Automatic Grandfathering
Unlike many operators, DroneUp does not support automatically carrying forward existing waivers and exemptions. Temporary measures aren't substitutes for robust rulemaking. We urge the FAA to publish clear transition pathways mapping Part 107 waivers, Section 44807 exemptions, and Part 135 approvals to Part 108 authorizations through proper certification, not special indulgences. This ensures regulatory integrity while providing certainty for professional operators.
Enable Operate-by-Rule for Low-Risk Operations
Where risk is well understood, shielded flights below structure height, linear inspections, rural missions and operations should be enabled directly by rule. We recommend codifying Notify-and-Fly under §108.165, requiring only FAA/UTM notification, not written approvals. The FAA should formally recognize shielded operations in §108.205 as a distinct category, aligned with international precedent like New Zealand's approach.
Licensed Spectrum Only for Command-and-Control
The NPRM correctly prohibits unlicensed spectrum (Part 15) for BVLOS C2 links. Section 15.5(b) explicitly acknowledges unlicensed spectrum cannot guarantee the reliability necessary for safe operations. Only licensed frequencies, where interference can be controlled. should be permitted. This is one of the rule's strongest safety provisions.
Preserve Aviation Safety Roles
DroneUp unequivocally opposes removing the Remote Pilot role from Part 108. This undermines established aviator certification standards essential to U.S. aviation safety. Ambiguous new terms like "Flight Coordinator" fail to meet the rigor of traditional safety-sensitive positions, Director of Operations, Chief Pilot, that have ensured accountability for decades.
At minimum, rename "Flight Coordinator" to "Remote Operational Control Specialist" and align §108.315 training with §135.619(f) comprehensive requirements. Aviation safety culture depends on proven roles and clear accountability.
Right-of-Way and Electronic Conspicuity
We do not support proposed §91.113 amendments granting UA priority over unequipped manned aircraft in Class G airspace. Instead, we fully support mandating electronic conspicuity (EC) for all crewed aircraft operating below 500 FT AGL. Better visibility benefits everyone in the National Airspace System and maintaining knowledge of which aircraft use our airspace is foundational to sovereignty and security.
Calibrate ADSP Oversight
The Part 146 ADSP framework needs careful scope definition. Infrastructure providers like mobile network operators should only be certified if they deliver complete safety services. Oversight should scale by risk: full assurance for separation services, practical oversight for conformance monitoring, and light touch for advisory tools like micro-weather or traffic intent sharing.
International Harmonization and Economic Reality
By adopting JARUS SORA and ICAO frameworks and recognizing equivalent foreign certifications, the FAA can reduce duplicative testing, lower compliance costs, and strengthen U.S. export competitiveness. The economic analysis should reflect real-world compliance burdens and model FAA staffing needs to prevent backlogs that delay investment and slow adoption.
The Opportunity
Without timely action, the U.S. risks losing aviation leadership to countries already permitting routine BVLOS operations. Part 108 represents a generational opportunity to establish clear, practical regulation that enables commercial delivery, infrastructure inspection, public safety missions, and emergency response, while maintaining the highest safety standards.
The framework is strong. With these targeted refinements, clear transitions, operate-by-rule for low-risk operations, licensed spectrum requirements, preserved safety roles, and risk-proportionate oversight, the final rule can deliver on its promise: safe, scalable BVLOS operations that reinforce U.S. leadership in aviation innovation.
Safety and scalability are not mutually exclusive. DroneUp's comments emphasize both can be achieved through risk-based regulation that upholds aviation's proven safety culture while enabling the next chapter of American aviation leadership.