Title 49, TransportationRelease 119-110

§44811 Beyond Visual Line of Sight Operations for Unmanned Aircraft Systems

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart iii — safety › CHAPTER 448 — UNMANNED AIRCRAFT SYSTEMS › § 44811

Last updated Sep 22, 2026|Official source

Summary

The FAA Administrator must publish a proposed rule within 4 months that creates a performance-based way for unmanned aircraft systems to fly beyond visual line of sight. UAS = unmanned aircraft systems (drones). BVLOS = flights where the pilot cannot see the drone. The proposed rule must set acceptable risk levels (including those from section 931 of the FAA Reauthorization Act of 2024), standards for remote pilots and operators that account for different levels of automation, and an approval or acceptance process for UAS and related parts. That process can use a special airworthiness certificate or let a manufacturer declare compliance with an FAA-accepted means of compliance, and it must not require type or production certification though it may allow them. The FAA must consider UAS within maximum gross weight or kinetic energy and maximum speed limits it sets, and may set altitude limits and standoff distances from structures. The rule must include operating rules for approved UAS, protocols for networked information exchange like network-based remote identification, and protections for manned aircraft (including limits for less maneuverable craft like hot air balloons). The FAA must issue a final rule within 16 months after the proposed rule is published and is not required to reopen or change any BVLOS rulemakings already underway as of the law’s enactment.

Full Legal Text

Title 49, §44811

Transportation, Source: USLM XML via OLRC

(a)Proposed Rule.—
Not later than 4 months after the date of enactment of the FAA Reauthorization Act of 2024, the Administrator shall issue a notice of proposed rulemaking establishing a performance-based regulatory pathway for unmanned aircraft systems (in this section referred to as “UAS”) to operate beyond visual line of sight (in this section referred to as “BVLOS”).
(b)Requirements.—
The proposed rule required under subsection (a) shall, at a minimum, establish the following:
(1)Acceptable levels of risk for BVLOS UAS operations, including the levels developed pursuant to section 931 of the FAA Reauthorization Act of 2024.
(2)Standards for remote pilots or UAS operators for BVLOS operations, taking into account varying levels of automated control and management of UAS flights.
(3)An approval or acceptance process for UAS and associated elements (as defined by the Administrator), which may leverage the creation of a special airworthiness certificate or a manufacturer’s declaration of compliance to a Federal Aviation Administration accepted means of compliance. Such process—
(A)shall not require, but may allow for, the use of type or production certification;
(B)shall consider the airworthiness of any UAS that—
(i)is within a maximum gross weight or kinetic energy, as determined by the Administrator; and
(ii)operates within a maximum speed limit as determined by the Administrator;
(C)may require such systems to operate in the national airspace system at altitude limits determined by the Administrator; and
(D)may require such systems to operate at standoff distances from the radius of a structure or the structure’s immediate uppermost limit, as determined by the Administrator.
(4)Operating rules for UAS that have been approved or accepted as described in paragraph (3).
(5)Protocols, if appropriate, for networked information exchange, such as network-based remote identification, in support of BVLOS operations.
(6)The safety of manned aircraft operating in the national airspace system and consider the maneuverability and technology limitations of certain aircraft, including hot air balloons.
(c)Final Rule.—
Not later than 16 months after publishing the proposed rule under subsection (a), the Administrator shall issue a final rule based on such proposed rule.
(d)Savings Clause.—
Nothing in this section shall be construed to require the agency to rescope any rulemaking efforts related to UAS BVLOS operations that are ongoing as of the date of enactment of the FAA Reauthorization Act of 2024.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsecs. (a) and (d), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024. section 931 of the FAA Reauthorization Act of 2024, referred to in subsec. (b)(1), is section 931 of Pub. L. 118–63, which is set out as a note under section 44801 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 44811

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110