Duffy’s Push for Regulatory Clarity
Duffy stressed the urgency of finalizing BVLOS rules to retain U.S. leadership in drone innovation:
If we don’t have clear rules that allow innovators to innovate and create products and test products, it won’t happen here. It’s going to happen somewhere else, and then we’ll import someone else’s technology.
His remarks align with mounting pressure from groups like the Commercial Drone Alliance, which in February 2025 called for streamlined approvals to replace the current “bureaucratic and time-consuming” waiver process. The FAA’s draft rule has reportedly incorporated input from multiple federal agencies, suggesting advanced progress
BVLOS Timeline: A Decade of Delays and Incremental Progress
The push to enable Beyond Visual Line of Sight (BVLOS) drone operations has spanned over a decade, marked by bureaucratic inertia and repeated missed deadlines. Here’s how the rulemaking process has unfolded:
2010s: Early Foundations
-
2016: FAA first acknowledges need for BVLOS rules in its UAS Integration Roadmap, but no concrete action follows.
2021–2022: Advisory Committee Efforts
-
June 2021: FAA establishes the BVLOS Advisory Rulemaking Committee (ARC) with ~90 industry stakeholders.
-
March 2022: ARC submits a 381-page report with 70 recommendations, including risk-based standards, simplified approvals for low-risk operations, and airspace integration pathways.
2023–2024: Legislative Deadlines Set (and Missed)
-
May 2024: Congress passes the FAA Reauthorization Act, mandating:
-
A Notice of Proposed Rulemaking (NPRM) by September 16, 2024.
-
A final rule by January 2026.
-
-
August 2024: FAA Deputy Administrator Katie Thomson pledges the NPRM will publish by December 2024.
-
September 16, 2024: FAA misses the NPRM deadline, citing interagency coordination challenges.
Late 2024: Regulatory Limbo
-
November 2024: Draft rule enters review at the White House Office of Management and Budget (OMB), typically a 90-day process.
-
December 2024: FAA leadership insists the NPRM is “on track” for release by early 2025, but provides no specifics.
2025: Mounting Uncertainty
As of this week, the NPRM remains unpublished. FAA reiterates commitment to the January 2026 final rule deadline but faces challenges, including staffing shortages and critical vacancies in FAA’s rulemaking office, and potential regulatory freezes during the 2025 presidential transition
Companies like Zipline and Ameriflight, which have relied on waivers for years, warn that prolonged delays could shift investment overseas.
The Long Road Ahead?
While Secretary Duffy’s recent comments suggest momentum, the FAA’s track record fuels skepticism. For context, the Remote ID rule (finalized in 2021) took 4 years to implement after its NPRM. The Part 107 small drone rule (2016) required 6 years of revisions to expand basic operations like nighttime flights.
Stakeholders now question whether the FAA can deliver BVLOS rules before 2027—despite Congress’ 2026 deadline.
This timeline underscores a stark reality: even with legislative mandates and industry consensus, advancing drone regulations remains a slow, fragmented process. As Duffy noted, the U.S. risks ceding leadership if it cannot translate urgency into action..
Why BVLOS Matters: Unlocking Commercial Viability
A finalized BVLOS rule would catalyze growth across sectors:
-
Delivery Services: Companies like Amazon Prime Air, Zipline, and Wing rely on BVLOS for cost-effective, long-range logistics. Current line-of-sight restrictions limit scalability.
-
Drone-as-First-Responder (DFR): Emergency response drones could reach accident sites faster than ground units, provided they can operate beyond visual range. A BVLOS rule could eliminate the need for a visual observer to remain on the roof of a building, a necessity which changes the economic impact and viability of DFR programs.
-
Infrastructure Inspections: Utilities and energy firms need BVLOS to monitor pipelines, power lines, and solar farms efficiently, utilizing drones to perform distance inspections without the need to “daisy chain” visual observers along the route.
Without BVLOS, operators must seek case-by-case FAA waivers—a process criticized as slow and inconsistent.
The Bottom Line
Secretary Duffy’s remarks signal a pivotal shift toward normalizing BVLOS operations, but the FAA must deliver concrete progress to meet its January 2026 deadline. For the U.S. to compete globally—particularly against China’s rapidly advancing drone sector—the rule’s finalization will be a litmus test for regulatory agility.
For now, stakeholders await the NPRM, which will kickstart a public comment period and shape the future of commercial drone innovation.
Want DRONELIFE news delivered to your inbox every weekday? Sign up here.
Read more:
- Part 108 and BVLOS Flight; When Will it Happen, and What Will it Look Like? From Law-Tech Connect, at the Energy Drones and Robotics Summit
- Commercial Drone Alliance Urges Swift Action on BVLOS Rule-making
- FAA’s BVLOS Draft Rule at a Critical Crossroads: Update
Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry. Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.
TWITTER:@spaldingbarker
Subscribe to DroneLife here.
Leave a Reply