FAA proposed Part 108 BVLOS and DoD Directive 3000.09

Civil uncrewed-aircraft BVLOS and DoD weapon-system autonomy are published under different titles. They do not substitute for each other. This page keeps the live names: the FAA/TSA notice of proposed rulemaking titled Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations, which would create 14 CFR Part 108, and DoD Directive 3000.09, Autonomy in Weapon Systems. Official pages still say unmanned aircraft systems, BVLOS, autonomy, Artificial Intelligence and AI where those documents use them. Super Intelligence (SI) is this site’s own-voice term for current U.S. executive-branch policy; it does not rewrite the NPRM or the directive.

For the weapon-system rule in full, see Autonomy and DoD Directive 3000.09 explained. For manned-aircraft AI certification status, see Does the FAA certify AI today?. For powered-lift type certification, see Rotorcraft and eVTOL autonomy.

What the Part 108 proposal is, and is not

On 7 August 2025 the FAA and TSA published an NPRM, docket FAA-2025-1908, Notice 25-07, RIN 2120-AL82. The action proposes performance-based regulations to enable the design and operation of unmanned aircraft systems (UAS) at low altitudes beyond visual line of sight (BVLOS) and for third-party services, including UAS Traffic Management (UTM). The FAA Reauthorization Act of 2024 directs the development of this proposed rule.

The FAA news release presents it as a proposed rule. Previously, operators would have to get individual waivers or exemptions. The BVLOS fact sheet says aircraft would not require traditional FAA airworthiness certificates. The rule would establish a process for accepting the airworthiness of an aircraft based on industry consensus standards. Lower-risk operations would require an FAA permit; higher-risk operations would require an operating certificate.

The NPRM PDF is explicit that type certification may not be the most appropriate regulatory regime for the safe operation of proposed part 108 aircraft, and that the airman certification structure of manned aviation may not be appropriate either. Proposed § 108.1 would apply to persons who conduct, or intend to conduct, UAS BVLOS operations in U.S. airspace, among other listed roles.

It is still a proposal. OIRA lists RIN 2120-AL82 at Final Rule Stage with an agenda Final Rule date of 07/00/2026. The EO 12866 review record shows the package Received Date: 07/10/2026 at stage Final Rule. A Federal Register reopening of the comment period on 10 February 2026 still called the 7 August 2025 document a notice of proposed rulemaking. We did not find a Federal Register final rule for Part 108 on 14 October 2026.

Where the NPRM talks about autonomy — and where it does not name AI

The NPRM PDF discusses the increasing autonomy of UAS, particularly those anticipated for use under this proposal, and says the role of the pilot has and will continue to decrease. Industry has increasingly come to rely on technology, rather than human interaction or intervention, to ensure safe operation. Proposed definitions in § 108.5 include DAA (detect and avoid), conformance monitoring and strategic deconfliction.

We searched the FAA-hosted NPRM PDF for the phrases “artificial intelligence” and “machine learning” and found no matches. Do not treat proposed Part 108 as an airborne-AI advisory circular. The FAA AI Safety Assurance Roadmap remains a separate, manned-aircraft-oriented principles document.

What 3000.09 actually covers

DoD Directive 3000.09 (media.defense.gov copy) establishes policy and assigns responsibilities for developing and using autonomous and semi-autonomous functions in weapon systems. An autonomous weapon system is a weapon system that, once activated, can select and engage targets without further intervention by an operator. Policy requires systems to be designed to allow commanders and operators to exercise appropriate levels of human judgment over the use of force.

Paragraph 1.1.b lists what this directive does not apply to, including Unarmed platforms and Autonomous or semi-autonomous systems that are not weapon systems. A civil package-delivery UAS, an agricultural survey drone, or an unarmed DoD logistics aircraft is not brought under 3000.09 by those exclusion sentences.

JATIC’s public FAQ says its products may help provide the necessary documentation required for certain DoD processes such as DoD Directive 3000.09. That is a documentation statement, not a Part 108 finding. See the JATIC listing.

How to read the two together

Analysis, not sourced fact: a defense program flying an unarmed UAS in the NAS still has to ask which civil rule applies (today: part 107, waivers, or exemptions; tomorrow, if finalized: part 108). Separately, if the same airframe is a weapon system, 3000.09 is the DoD issuance to read. Completing one file does not, on any page we cite, satisfy the other.

Questions

Is proposed Part 108 a final FAA regulation?

No. The 7 August 2025 Federal Register document is a proposed rule. OIRA still lists a Final Rule package received 07/10/2026. We did not find a published final Part 108.

Does DoD Directive 3000.09 govern civil BVLOS package delivery?

The directive does not apply to unarmed platforms and systems that are not weapon systems. Package delivery is a use the NPRM intends to cover on the civil side.