08/06/2025
BVLOS Drone Update:
The long anticipated NPRM of the proposed FAR Part 108 addressing drone operations and their rights-of-way versus other aircraft when operating below 400 feet altitude was released by advance copies to the BFA and other aviation partners today. The document is 730 pages long with a great deal of technical data as well as supporting materials designed to convince the aviation world why this move is necessary.
A preliminary review of the document, reveals that a tremendous amount of work has gone into the crafting of this NPRM and we expect that there was significant input from the drone community. The altitude for drones will remain at 400 feet and the complex portion of the document is how and where traffic deconfliction will be done. There’s a lot to digest amongst these pages, but it is clear that the FAA has listened to the concerns of the Balloon Federation of America, AOPA, and other air sports organizations.
One positive item is that ADS-B technology – which is hard to implement in balloons – is not the intended solution for ‘detect and avoid’. Instead – in order not to relinquish right of way – balloons and other aircraft operating below 400’ will need to carry a small hand-held transmitter. The details of that device are not contained in the NPRM but it seems clear the FAA are depending on future technological development to achieve this.
We anticipate that the NPRM will be released shortly to the public and there will be a 60 day response time for comments. The BFA is working hard to digest as much information as possible that reflects the effect on our sport. As soon as we are able, we will make that information available to you, as well as providing suggested guidelines for your comments to the FAA. Please watch your email and social media for updated releases including a new episode of the BFA’s “Inside the BFA” podcast for further information.
