Policy Archive · Episode 10

The Case of the Drone Disruption

Explore the real-world policies behind this case. Follow proposed and existing policy, potential gaps, and outcomes as they develop.

• Proposed Policy Proposed federal rule

  FAA Part 108 — Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations

  The FAA's proposed Part 108 would establish a new federal framework for routine unmanned aircraft operations beyond visual line of sight (BVLOS), including package delivery.

  Jurisdiction

  United States (Federal)

  Status

  Proposed federal rule

  Dates

  Docket FAA-2025-1908 (FR Doc 2025-14992 / 90 FR 38212). The FAA published the Part 108 Notice of Proposed Rulemaking on August 7, 2025. The original public-comment period closed October 6, 2025. The FAA later reopened the comment period for limited issues involving electronic conspicuity and right-of-way rules. That reopened period closed February 11, 2026. As of September 18, 2026, the proposal has not been published as a final rule.

  Latest update

  September 18, 2026

  Update date

  2026-09-18

  What it does: The FAA's proposed Part 108 would establish a new federal framework for routine unmanned aircraft operations beyond visual line of sight, commonly called BVLOS operations. Today, commercial drone operators conducting more complex BVLOS activities often rely on existing certification, exemption, or waiver processes. Part 108 is intended to provide a more predictable framework for routine and scalable operations, including package delivery. The proposal would establish operating requirements, safety responsibilities, airworthiness-related requirements, and authorization pathways for different types and scales of UAS operations.

  Potential impact: If finalized, Part 108 could make it easier for commercial drone operations to expand beyond the current waiver- and exemption-based framework while establishing new requirements operators would need to meet. The proposal includes different authorization pathways based on the type, scale, and risk of an operation. The FAA describes an operating-permit pathway intended to provide simpler access for certain smaller-scale and lower-risk operations, while more complex operations may require an operating certificate. For small businesses, the potential effect therefore may depend on the type and scale of operation, the cost of meeting applicable requirements, and whether the new framework makes routine BVLOS authorization more accessible than the existing process. Part 108 is principally an aviation safety and operational framework. Although expanded drone operations may have environmental effects, the proposal does not itself establish a comprehensive environmental regulatory system specifically for commercial drone delivery.

  Sources

  • Federal Register — Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations, 90 FR 38212
• Existing Policy Existing federal law

  FAA Reauthorization Act of 2024

  The FAA Reauthorization Act of 2024 (Public Law 118-63) directs continued UAS integration and programmatic NEPA approaches for large-scale distributed unmanned aircraft operations, alongside existing Part 107 and Part 135 operating regulations.

  Identifier

  Public Law 118-63

  Jurisdiction

  United States (Federal)

  Status

  Existing federal law

  Dates

  Became Public Law No. 118-63 on May 16, 2024. 14 CFR Part 107 and 14 CFR Part 135 are existing FAA regulations that implement commercial UAS and package-delivery operating requirements under the broader federal framework.

  Latest update

  May 16, 2024

  Update date

  2024-05-16

  What it does: FAA Reauthorization Act of 2024 (Public Law 118-63): The Act directs the FAA to continue integrating unmanned aircraft into the national airspace system and addresses environmental review and noise certification for UAS. It also directs the FAA to examine and integrate programmatic approaches to environmental review under the National Environmental Policy Act, helping establish a broader framework for evaluating environmental effects as commercial drone operations expand. 14 CFR Part 107 — Small Unmanned Aircraft Systems: Part 107 establishes baseline federal operating rules for small unmanned aircraft systems, including requirements governing remote pilots and the conditions under which small drones may operate. Operations that go beyond Part 107's ordinary limitations may require additional FAA authorization. 14 CFR Part 135 — Commercial Package Delivery: For small drones carrying another person's property for compensation beyond visual line of sight, the FAA currently uses its Part 135 air-carrier certification framework. A Part 135 certificate does not by itself authorize every aspect of a drone-delivery operation. Operators may also require airspace authorization, exemptions or waivers, operating procedures, safety validation, environmental review, and compliance with applicable state and local requirements. Together, these policies demonstrate that commercial drone delivery is not an unregulated activity. Federal policy already addresses who may conduct certain drone operations, how those operations may be authorized, and how environmental review can be incorporated into FAA decision-making.

  Potential impact: The existing framework allows commercial drone delivery while requiring operators to satisfy aviation-safety and other applicable regulatory requirements. At the same time, much of this framework is concerned with whether and how drones may operate safely in the national airspace system. That is different from establishing environmental standards specifically designed around the environmental effects of commercial drone-delivery operations.

  Sources

  • GovInfo — FAA Reauthorization Act of 2024, Public Law 118-63
  • FAA — Package Delivery by Drone (Part 135)
• Existing Policy Existing federal environmental review

  FAA Environmental Review of Drone Package Delivery

  Commercial drone-delivery operations may undergo federal environmental review under NEPA, including the FAA's national Programmatic Environmental Assessment for Part 135 drone package-delivery operations.

  Identifier

  Final PEA / FONSI / ROD (July 28, 2026)

  Jurisdiction

  United States (Federal)

  Status

  Existing federal environmental review

  Dates

  The FAA signed the Finding of No Significant Impact/Record of Decision for its national Programmatic Environmental Assessment for drone package-delivery operations on July 28, 2026.

  Latest update

  July 28, 2026

  Update date

  2026-07-28

  What it does: Commercial drone-delivery operations may also undergo federal environmental review under the National Environmental Policy Act. The FAA has completed environmental assessments for individual drone-delivery proposals and has also completed a national Programmatic Environmental Assessment for Part 135 drone package-delivery operations. Environmental review allows the FAA to evaluate potential effects associated with proposed drone operations, including issues such as noise, wildlife, historic resources, and other environmental considerations. The national Programmatic Environmental Assessment provides a broader framework that the FAA can use when reviewing subsequent requests from individual drone operators. Additional project-specific environmental review may still be required where appropriate.

  Potential impact: This process means environmental effects are already part of federal consideration of commercial drone delivery. However, NEPA environmental review is primarily a process for evaluating environmental effects of federal actions. It is not the same thing as establishing a comprehensive set of substantive environmental standards specifically for commercial drone-delivery operations.

  Sources

  • FAA — Public Involvement and Environmental Review for Drone Operations
• Existing Policy Existing federal environmental framework (context)

  Environmental Regulation — Additional Context

  Jurisdiction

  United States (Federal)

  Status

  Existing federal environmental framework (context)

  Dates

  Clean Air Act Title II frameworks are existing federal law; contextual summary prepared for Episode 10 public content.

  Latest update

  September 18, 2026

  Update date

  2026-09-18

  What it does: Federal environmental law regulates emissions and environmental effects through different frameworks depending on the pollutant, source, and activity involved. Federal programs also include particular tax incentives, credits, emissions charges, and offset mechanisms, but those programs do not create a general system allowing large delivery companies to purchase credits instead of complying with environmental requirements that otherwise apply to their operations. The Clean Air Act, for example, contains separate federal frameworks for motor-vehicle and aircraft emissions, so emerging transportation technologies may interact with different regulatory pathways depending on their design, propulsion system, operation, and environmental effects.

  Sources

  • U.S. Environmental Protection Agency — Clean Air Act Title II: Emission Standards for Moving Sources — EPA
• Policy Gap Partial Gap

  Drone-Specific Environmental Policy

  Jurisdiction

  United States (Federal)

  Status

  Partial Gap

  What it does: Federal policy already regulates commercial drone operations and provides for environmental review of drone package delivery. The FAA's national Programmatic Environmental Assessment further establishes a framework for evaluating environmental effects as these operations expand. However, aviation operating requirements and environmental review do not necessarily amount to a comprehensive set of substantive environmental standards designed specifically for commercial drone delivery. As drone delivery expands, questions may therefore remain about whether environmental effects unique to or affected by large-scale drone operations require additional standards beyond existing aviation regulation and environmental-review processes.

  Potential Policy Question

  As commercial drone delivery expands, should federal policy establish additional environmental standards specifically for drone-delivery operations, or are existing aviation and environmental frameworks sufficient?

  Sources

  • FAA — Public Involvement and Environmental Review for Drone Operations
  • Federal Register — Proposed Part 108
• Policy Gap Partial Gap

  Technology-Based Environmental Regulation and Enforcement

  Jurisdiction

  United States (Federal)

  Status

  Partial Gap

  What it does: Federal environmental policy already contains detailed measurement, monitoring, calibration, and quality-control requirements in particular regulated contexts. These requirements help ensure that measurements used to determine environmental conditions or regulatory compliance are sufficiently reliable for their intended purpose. Emerging technologies, however, can affect both sides of the regulatory system: new technologies can create environmental effects that may fall within different regulatory frameworks, while newer sensors and automated monitoring technologies can increasingly be used to measure those effects. The resulting policy question is broader than drones alone: whether existing regulatory and measurement frameworks adapt consistently when both the regulated technology and the technology used to measure its effects are changing.

  Potential Policy Question

  How should federal policy ensure that environmental impacts from emerging technologies are measured reliably and regulated consistently across different technologies and regulatory pathways?

  Sources

  • U.S. Environmental Protection Agency — Clean Air Act Title II: Emission Standards for Moving Sources — EPA
  • FAA — Public Involvement and Environmental Review for Drone Operations