Another Missed Deadline: The BVLOS NPRM Still Awaits Publication

(News and Commentary) Today marks exactly 31 days since President Trump’s executive orders on drone technology were published, making this the first day past the ambitious 30-day deadline for the FAA to issue the much-anticipated Beyond Visual Line of Sight (BVLOS) Notice of Proposed Rulemaking (NPRM). As the drone industry holds its collective breath, the question remains: is today the day the long-awaited Part 108 rule finally sees the light of day, or are we witnessing yet another missed deadline in the protracted saga of U.S. drone rulemaking?

The Executive Order’s Bold Promise

When President Trump signed the “Unleashing American Drone Dominance” executive order on June 6, 2025, the drone industry took notice of an unprecedented level of presidential attention to BVLOS operations. The order placed BVLOS as the first bullet point in the administration’s drone strategy, mandating that the Secretary of Transportation, acting through the FAA Administrator, issue a proposed rule enabling routine BVLOS operations within 30 days.

The executive order’s language was unambiguous: establish clear performance and safety metrics within 30 days, with a final rule to follow within 240 days. This represented one of the most aggressive timelines ever established for major aviation rulemaking, compressing what typically takes years into months.

A Pattern of Missed Deadlines

Unfortunately, this latest deadline joins a growing list of missed commitments surrounding BVLOS rulemaking. The FAA Reauthorization Act of 2024, signed into law on May 16, 2024, mandated the publication of an NPRM by September 16, 2024. That deadline came and went without action from the FAA, despite Congressional pressure and industry advocacy.

The pattern is particularly frustrating given the comprehensive groundwork already laid. The BVLOS Aviation Rulemaking Committee (ARC), established in June 2021, delivered its extensive 381-page report with 70 recommendations in March 2022. This report provided a detailed roadmap for enabling safe BVLOS operations, including risk-based standards, simplified approvals for low-risk operations, and airspace integration pathways.

Industry Frustration Mounts

The repeated delays have created a palpable sense of frustration within the drone industry. As industry leaders noted in October 2024, “The deadline to issue an NPRM has passed, and it is now our understanding that the proposed rule may not be issued until January 2025, at the earliest”. That prediction has now proven overly optimistic, as we’ve moved well past January and into July 2025.

Vic Moss, CEO and Co-Founder of the Drone Service Providers Alliance, had expressed enthusiasm in an earlier article about the presidential attention to BVLOS operations, noting that “It’s exciting to see President Trump so excited about ‘Part 108′”. Industry advocacy groups AUVSI and the Commercial Drone Alliance heralded the orders as clear progress.  However, even this level of executive engagement appears insufficient to overcome the regulatory inertia that has plagued BVLOS rulemaking for years. Apparently even the president’s executive order is toothless.

The Stakes Continue to Rise

The current waiver-based system for BVLOS operations has proven “not sustainable” according to industry leaders Michael Robbins of AUVSI and Lisa Ellman of the Commercial Drone Alliance. Each day of delay represents lost opportunities for American businesses and public safety organizations that could benefit from routine BVLOS operations.

Critical applications remain constrained:

• Infrastructure inspection companies must continue operating under restrictive individual waivers
• Agricultural monitoring operations face limitations in covering large farm areas efficiently
• Emergency response capabilities remain hampered by visual line of sight requirements
• Drone delivery services struggle to achieve economic viability under current restrictions

The Global Competitive Disadvantage

These delays are occurring as international competitors advance their own drone capabilities. Industry advocates have consistently warned that “outdated regulations and regulatory paralysis threaten America’s security and aviation leadership”. Countries like China are rapidly expanding their drone industries while the U.S. remains mired in regulatory uncertainty.

What Happens Next?

As of today, July 7, 2025, the FAA has not published the BVLOS NPRM despite the executive order’s clear directive. Industry stakeholders are left to wonder whether the agency will provide an explanation for the delay or simply allow another deadline to pass without acknowledgment.

The U.S. Chamber of Commerce and other industry organizations have already submitted formal requests to OIRA to “promptly conduct and complete the interagency review process” for the BVLOS rule. These efforts underscore the private sector’s frustration with the seemingly endless delays.

Is Today the Day?

The answer, unfortunately, appears to be no – although hope springs eternal. As this article is being written (10:30 am EST, July 7, 2025), there is no indication that the FAA has published the BVLOS NPRM today. The Federal Register, where such rules must be published, shows no evidence of the long-awaited Part 108 proposed rule.

This represents yet another missed deadline in a series that stretches back over a decade. The FAA first acknowledged the need for BVLOS rules in its 2016 UAS Integration Roadmap. Nearly nine years later, the industry continues to wait for basic regulatory clarity.

The Cost of Continued Delay

Each missed deadline carries real consequences. Drone companies struggle with investment decisions when regulatory timelines remain uncertain. Public safety organizations cannot fully deploy life-saving technologies. Infrastructure companies face continued operational inefficiencies. And perhaps most critically, American technological leadership in the drone sector continues to erode.

The executive order’s 240-day timeline for a final rule now appears increasingly unrealistic. Even if the NPRM were published today, the typical rulemaking process—including public comment periods, review, and revision—would likely extend well beyond the February 2026 deadline established by the executive order.

Looking Forward

The drone industry’s patience with regulatory delays is wearing thin. We’re not waiting for a final, carved in stone addition to the constitution: this is just a draft rule. The BVLOS NPRM represents a critical first step in a longer process, and further delays only compound the challenges facing American drone operations.

Today may have been another missed deadline, but the industry’s need for regulatory clarity remains urgent. Whether OIRA and the FAA will finally act in the coming days or weeks remains to be seen. What is clear is that the cost of continued delay—measured in lost economic opportunity, diminished public safety capabilities, and eroded American competitiveness—continues to mount with each passing day.

The question is no longer whether the BVLOS NPRM will eventually be published, but rather how much longer the American drone industry will have to wait for the regulatory framework it desperately needs to thrive.