Introduction
Unmanned Aircraft Systems (UAS), Unmanned Aerial Vehicles (UAV), or “drones” have been around for decades now. However, it is only within the past decade that they have been used for commercial operations. In that time, the potential for the applications of UAS has grown exponentially, and does not show any sign of stopping. The Federal Aviation Administration (FAA) has only been regulating commercial drone operations since 2016 when the Part 107 rule was established. This rule is the legal framework for commercial drone use in the United States. The purpose of this rule was to increase safety while also increasing the size of the drone industry. While the rule has achieved its purpose, it has been outpaced by the growth of the sector. In fact, the drone industry is on a downslope with investment. This is because there was a peak in 2021 when there was a lot of “hype” surrounding the possibility of UAS for commercial use. Now, the industry is becoming stagnant because of regulatory constraints. The new Part 108 law will push the industry further forward than ever before (Boedecker, 2025).
Current Limitations to Part 107
The Part 107 law covering the use of Small UAS has many important sections pertinent to commercial operations. This includes right of way requirements, registration, visibility, and altitude. However, there are several key inclusions which have placed a bottleneck on the potential for these aircraft. These factors include keeping the UAS within visual line of sight (VLOS), a weight of less than 55 pounds, no operations at night, and flight over people. While these restrictions may have been necessary for safety nearly a decade ago, they now placed significant constraints on an industry itching for growth. The new Part 108 rule being created by the FAA is designed to expand the privileges of remote pilots under Part 107, and further allow for innovation that has not been allowed. Furthermore, the new rule will increase safety within the National Airspace System (NAS) for UAS integration with manned aircraft.
The Rule
There is a lot of excitement in the drone world surrounding the possibility of a new set of regulations for the industry. Unfortunately, it has been four years and counting since this rule was conceived. There are some elements that are guaranteed to be included.
Beyond Visual Line of Sight
First, beyond visual line of sight operations (BVLOS) will move from a case-by-case waiver to common occurrence. This is one of the most anticipated aspects of the new rule. Under the current regulations, the sUAS must be within the unaided visual site of the remote pilot in command or a visual observer at all times according to 14 CFR Part 107.31 (Federal Aviation Administration (FAA)/Aviation Supplies & Academics (Asa), 2024, 343). This places an extreme limitation on the potential of unmanned aircraft to do jobs such as delivery, pipeline and powerline inspection, agriculture, or drones as first responders. Remember, the primary goal of unmanned aircraft is to replace the “dull, dirty, and dangerous” jobs currently being done by pilots. Without the ability to go BVLOS, companies are stuck complying with outdated regulations while at the same time having the technology to safely execute their goals. Even though there are exemptions often made, it is a timely process that severely limits operation potential. Part 108 would eliminate this by creating a set of clear, standardized rules for operators to follow.
Swarming
Another major limitation of the current commercial rules for UAS is the ability for swarming. Swarming is when one pilot is operating more than one aircraft. Currently, there is a requirement of one remote pilot in command per aircraft. According to Part 107.35, “A person may not manipulate flight controls or act as a remote pilot in command or visual observer in the operation of more than one unmanned aircraft at the same time” (Federal Aviation Administration (FAA)/Aviation Supplies & Academics (Asa), 2024, 343). With the increase in automation, this is not a significant safety factor that needs to be considered. With the ability to “swarm,” several subsets of the UAS industry will grow significantly. Most notably, crop dusting with drones will become more efficient. Rather than one aircraft spraying at a time, operators could have several going at once. This is one of the jobs where unmanned aircraft are critical– it is dull, dirty, and dangerous.
Other Improvements
There are several other improvements to the regulations that will come out of the Part 108 being established such as automation and airspace integration. Ideally, this becomes a foundational part of aviation regulations and increases safety for decades to come. Another important topic is automation. With increasing levels of automation with UAS, there needs to be regulation on when and how it is used. There are different levels of automation – using technology to accomplish tasks without human intervention – used in unmanned aircraft. From what we would think of as a standard autopilot to complete “human-out-of-the-loop” where the aircraft performs the takeoff, mission, and landing within itself. Within these levels of automation, the FAA should limit the types of missions allowed (Mirot et al., 2023, 105-106). Finally, the new Part 108 rule may increase the integration of UAS into the NAS. As of right now, UAS and manned aircraft are kept separate with altitude restrictions. UAS cannot fly over 400 feet AGL (except around a structure) and manned aircraft generally do not fly below 500 feet AGL. Unmanned aircraft are also required to always give way to manned aircraft. This could change however by allowing certified UAS to fly at higher altitudes. The integration could involve ADS-B Out transmitters and avoidance detectors on UAS. This would be the first step to getting significant operations going within controlled airspace.
Operations: current and future
There are a lot of exciting things being done with UAS today, this is expected to increase tenfold with an expanded regulatory base for remote pilots and operators. Even now, there are test operations being conducted under waivers to the current rules. In the Dallas- Fort Worth area, Google Wing and Amazon are conducting drone deliveries BVLOS. This is being done within some of the busiest airspace in the country – the Dallas Fort Worth metroplex. The operation is also going successfully with no signs of slowing down.
In Rwanda, Zipline has a program delivering blood. In an area where refrigeration is sparse, Zipline has created a central hub that can get lifesaving medical supplies delivered within 15 minutes (Baker & MBABAZI, 2017). Previously, this would have taken hours or lives would have been lost. This is just a fragment of what could be accomplished with a new set of regulations.
In the future, UAS are expected to be used for pipeline patrol. In the United States, there are thousands of miles of pipeline that need to be inspected throughout the year. Traditionally, this is done by low flying manned aircraft. This is a dull and subsequently dangerous job many pilots use to build time for the airlines. This could easily be replaced by automated UAS which can do the job more efficiently and safely.
Conclusion
The Unmanned Aircraft market is just getting started. Many in the industry believe that there will be more advancement in the next ten years than the previous. A new regulatory foundation will open the door for advancement. By increasing the potential for Beyond Visual Line of Sight operation, swarming, automation, and airspace integration, many new jobs will be created. The industry is encountering a paradigm shift of advancement that very well may change the course of aviation as a whole. Now, it is up to the FAA to implement this change.
Sources
Baker, A., & MBABAZI, E. (2017). Zipline’s Drones Are Delivering Blood to Hospitals in Rwanda. Time Magazine. Retrieved June 29, 2025, from https://time.com/rwanda-drones-zipline/
Boedecker, H. (2025, April 14). 10 Years of Commercial Drone Funding – And Hard Times Ahead. Drone Industry Insights. Retrieved June 29, 2025, from https://droneii.com/commercial-drone-funding-a-phase-of-realignment
Federal Aviation Administration (FAA)/Aviation Supplies & Academics (Asa). (2024). Far/Aim 2025: Federal Aviation Regulations/Aeronautical Information Manual. Aviation Supplies & Academics, Incorporated.
Mirot, A., Forsythe, L., & Lederer, L. (2023). Fundamentals of Remotely Piloted Aircraft Systems. USI, INC.
Authors note
This article was written in the summer of 2025, before the NPRM for the part 108 rule was released. It does not reflect what is contained in the proposed rule or what will be the final regulations.
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