Key Provisions of the FAA Part 108 Proposal

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The proposed FAA Part 108 rule seeks to create a predictable and scalable framework for Beyond Visual Line of Sight (BVLOS) drone operations, which are currently handled on a case-by-case basis through waivers. This new rule aims to enhance safety, efficiency, and scalability for a wide range of drone applications, including package delivery, agriculture, and infrastructure inspection.

The following is our analysis of the key provisions, based on extensive review of the FAA’s NPRM, interviews with subject matter experts, and published research.

The following is our analysis of the key provisions of the FAA’s proposed Part 108 rules

  • Abolishes individual waivers: The rule creates a standardized, repeatable pathway for routine BVLOS operations, eliminating the need for individual waivers and exemptions.
  • Two operational tracks: It establishes a two-tiered system for authorization:
    • Permits for lower-risk operations (e.g., small drones, limited fleet size, specific purposes like surveying or training).
    • Certificates for higher-risk or larger-scale operations (e.g., fleets of heavier aircraft).
  • Performance-based requirements: The rule focuses on performance outcomes rather than prescriptive design details. This allows for innovation and faster market entry for new drone models while maintaining safety.
  • Higher weight limits: The rule proposes new weight categories for unmanned aircraft, including up to 55 pounds, 110 pounds, and 1,320 pounds, depending on the operation type and authorization.
  • Emphasis on security: It includes new requirements for both physical and cybersecurity, such as limiting access to launch sites and implementing policies to protect networks and data.
  • New job roles: The proposal introduces new job roles like “Operations Supervisor” and “Flight Coordinator,” who would be responsible for the overall safety of drone operations. This shifts the focus from a single pilot to organizational responsibility.
  • Operational limitations: Manufacturers would be responsible for establishing the operational limits of their drones (e.g., speed, weather tolerance), and operators would be required to stay within those limits.
  • Detect and Avoid (DAA) capabilities: Drones operating in Class B or C airspace would need an onboard system to detect and avoid other aircraft. The rule also introduces the concept of Automated Data Service Providers (ADSPs) to help manage traffic and collision avoidance.
  • Crew rest requirements: Similar to manned aviation, the rule proposes limits on flight crew duty time, including a maximum of 14-hour shifts and a mandatory 10-hour rest period between shifts.
  • Operations over people: The rule would allow operations over people but with restrictions, especially for large, open-air gatherings like concerts or sporting events. It proposes five categories of operations over people based on population density, each with its own set of restrictions.
  • Airspace integration: The proposal outlines procedures for UAS to operate within the existing airspace structure, reducing conflicts with manned aircraft.
  • No new pilot certificate: The rule does not require a new pilot certificate for these operations. Instead, it relies on organizational training and the new designated roles.
  • Operational approval: Operators would need to secure FAA approval for their intended flight areas, specifying boundaries and takeoff/landing zones.
  • Data logging and recordkeeping: The rule would require operators to maintain significant records, including maintenance, personnel training, and flight data, which must be made available for inspection.
  • Remote ID and lighting: Drones operating under Part 108 would be required to have lighting and to broadcast Remote ID.

New FAA Drone Rules – Part 108 Explained
The following video narrated by Pilot Institute’s Greg Reverdiau is relevant because it provides a detailed breakdown and explanation of the proposed FAA Part 108 rules for drone operations:

Proposed changes to Operations over People

The proposed FAA Part 108 rule introduces specific changes to how drones can be operated over people, moving away from the previous restrictions under Part 107. The goal is to enable more complex and scalable drone operations while maintaining public safety.

Here are the details of the proposed changes to operations over people:

  • Five Categories of Operations: The rule establishes five distinct categories of operations over people, which are based on population density. The level of restriction and the requirements for the operator will vary depending on the category.
  • Prohibition on Large Gatherings: While the rule allows for operations over people, it specifically prohibits operations over large, open-air gatherings like concerts, sporting events, or crowded parks.
  • Operational Restrictions: Each of the five categories will have its own set of operational restrictions. For instance, newsgathering operations will be limited to “Category 3” population density and above, which means they would be restricted from flying in heavily populated areas of smaller towns.
  • Focus on Public Safety: The overarching principle is to balance the need for innovative services with public safety. The rule aims to mitigate risk by defining a structured framework for when and where drones can fly over people.
  • Beyond Visual Line of Sight (BVLOS): This rule is a key part of the larger effort to enable BVLOS operations, which are essential for applications like package delivery and urban air mobility. Allowing operations over people is a crucial step for these services to become viable.

These changes are designed to provide a clear and predictable pathway for drone operators, reducing the reliance on case-by-case waivers and enabling a wider range of commercial applications.

The five categories of operations over people

The proposed FAA Part 108 rule introduces a new framework for operations over people, which is a key part of enabling large-scale, Beyond Visual Line of Sight (BVLOS) operations. The rule establishes five categories of operations over people based on population density, with each category having specific requirements.

  • Category 1: The most sparsely populated areas, defined as being farther than 1 statute mile from any cell with a population of 10 people or higher. This category is intended for operations in rural or uninhabited areas.
  • Category 2: Areas with a low population density, often characterized by scattered buildings or small, rural communities. Operations in this category would have fewer restrictions compared to more populated areas.
  • Category 3: Areas of moderate population, such as residential developments and single-family homes. This category would be a common setting for many commercial drone applications, like package delivery. The proposal mentions that newsgathering operations would be limited to this category and above, meaning they would not be allowed in more densely populated areas of small towns.
  • Category 4: Densely populated areas, such as suburban neighborhoods with a mix of residential and commercial properties. Operations in this category would require more rigorous safety measures and a higher level of FAA oversight.
  • Category 5: The most densely populated areas, typically found in urban environments and city centers. This category would have the most stringent requirements, reflecting the increased risk to people and property.

In addition to these five categories, the proposal also maintains the existing prohibition on operations over large, open-air gatherings like concerts, sporting events, or crowded parks, regardless of the population density of the surrounding area.

References

Based on the information gathered, the FAA Part 108 proposal is a Notice of Proposed Rulemaking (NPRM) that was officially released by the FAA. This is the primary source document. Our analysis is a synthesis of the NPRM’s key provisions, as broken down by various news and industry publications.

Here is a list of the references used to prepare these talking points and material:

  • Primary Source:
    • Federal Aviation Administration (FAA): The official “Notice of Proposed Rulemaking (NPRM): Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations” is the foundational document. It outlines the proposed new rule, its rationale, and its specific provisions.
  • Secondary Sources (Summaries and Analyses):
    • Commercial UAV News: This publication provided a breakdown of the NPRM, including details about the TSA’s involvement, security requirements, and the purpose of the new rule.
    • Pillsbury Law: Their analysis provided a clear summary of the operational permits and certificates, the proposed weight limits, and the five categories for operations over people based on population density.
    • DroneLife: An article from this publication broke down the key talking points of the NPRM, including the new job roles (Operations Supervisor and Flight Coordinator), the shift to performance-based requirements, and the emphasis on manufacturer-defined operational limits.
    • Vertical Aviation International: Their summary highlighted the rule’s role in advancing the integration of UAS into the National Airspace System and its impact on various sectors.
    • Advexure: Their article provided context on the need for Part 108 and its origins in the BVLOS Aviation Rulemaking Committee (ARC) report.
    • FAA Fact Sheet: The official fact sheet from the FAA newsroom provides a high-level overview of the proposed rule, including its key provisions for enabling BVLOS operations and its approach to operations over people.

These sources collectively provided the comprehensive details and key talking points that were summarized in the previous responses. The information about the population density categories being based on “Oak Ridge National Laboratory’s LandScan USA” was a specific detail found within these secondary sources, which themselves are summarizing the content of the official NPRM.