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Unlocking the Skies: BVLOS NPRM and Critical Infrastructure Protections Head to the White House

Written by USI | May 15, 2025 1:49:58 PM

On May 14, 2025, the Trump Administration took a major step toward advancing U.S. leadership in commercial drone technology by moving two critical regulations—Beyond Visual Line of Sight (BVLOS) operations and Section 2209 critical infrastructure protections—to the White House for review. This move, applauded by the Commercial Drone Alliance (CDA), could reshape the future of drone operations across industries from healthcare to energy.

Why Do These Rules Matter?

BVLOS: Expanding Operational Horizons

BVLOS operations allow drones to fly beyond the pilot’s direct line of sight, a capability essential for scaling applications like:

  • Medical supply deliveries to remote areas
  • Infrastructure inspections over long distances
  • Agricultural monitoring and precision farming

Without BVLOS, operators must rely on visual observers or apply for waivers—both costly and time-consuming. A finalized BVLOS rule would streamline operations, reduce costs, and unlock new business models.

Section 2209: Protecting What Matters Most

Mandated by the 2016 FAA Extension Act, Section 2209 empowers the FAA to restrict drone flights near sensitive infrastructure like:

  • Power plants
  • Airports
  • Government facilities

This rule is crucial for national security and public safety. It provides a clear framework for designating no-fly zones while still allowing commercial operators to conduct safe, authorized missions near critical sites.

“From drones delivering your packages to conducting critical infrastructure inspections, unmanned aircraft represent the future of aviation. As part of my innovation agenda, we’ve put forward two long-overdue rules that will speed up deployment and enhance safety,” said U.S. Transportation Secretary Sean P. Duffy.

What Is an NPRM and How Does it Work?

A Notice of Proposed Rulemaking (NPRM) is a formal process used by federal agencies like the FAA to propose new regulations. Here’s how it works:

  1. Proposal: The agency drafts a rule and publishes it in the Federal Register.
  2. Public Comment: Stakeholders—including companies, advocacy groups, and individuals—submit feedback.
  3. Review and Revision: The agency reviews comments and may revise the rule.
  4. Final Rule: After revisions, the final rule is published and becomes law.

Agencies are required to review all public comments, and thoughtful, evidence-based input—especially when grounded in real-world experience or supported by data—can play a pivotal role in shaping the final rule.

For the drone industry, the NPRM process is vital. It ensures transparency, allows for industry input, and helps create balanced regulations that foster innovation while protecting public interests. 

Next Steps

With the BVLOS and Section 2209 rules now under White House review, the industry is closer than ever to a regulatory framework that supports safe, scalable drone operations. 

"A sensible BVLOS Rule is critical to the safety and scalability of drone technology," says Matt Hernandez, Vice President of Enterprise Partnerships at USI. "I look forward to seeing how this upcoming rule can accomplish both goals."

The next step? A swift review by the Office of Information and Regulatory Affairs (OIRA), followed by an NPRM that invites public input. For drone professionals, this is a moment to engage, advocate, and prepare for a more open and innovative airspace.