Part 108 Update: DOT Denies Comment Period Extension; Comments Due Oct. 6

On September 26, 2025, the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) put a notice on public inspection denying two requests for the agencies to extend the comment period for the Notice of Proposed Rulemaking (NPRM).[1] Accordingly, the comment period for the NPRM, which amounts to 180 pages in total, will close on October 6, 2025.

Occasionally agencies will consider late-filed comments,[2] even after the comment period has closed;[3] however, based on the FAA’s and TSA’s explanation in the notice, late-filed comments are unlikely to be considered in this rulemaking. The notice states that meeting the 240-day deadline for publication of a final rule imposed by Executive Order 14307, “Establishing Drone Dominance,”[4] will require extraordinary measures that do not make it practicable to extend the comment period or subdivide the NPRM into separate rulemakings. The notice also states, “While FAA and TSA recognize the importance of the proposed rule, the agencies find the 60-day comment period provides ample opportunity for commenters to submit complete and thoughtful comments.”

Tyler Conklin, of the Adams & Reese Aviation & Aerospace team, published a blog post summarizing the NPRM on August 5, 2025. To recap, Part 108, as proposed in the NPRM, includes permitting and certification requirements for a variety of drone operations beyond visual line-of-sight, including: package delivery, agriculture, aerial surveying, civic interest, operations training, demonstration, recreation, and flight testing. Notably, the proposed rule also includes security-related provisions, including updates to TSA regulations to impose security requirements on such operations.

Operations will typically take place at or below 400 feet above ground level in FAA-approved areas, where automated data service providers (ADSPs) will collect and disseminate data to mitigate risk of conflicts among aircraft. These ADSPs will be approved and regulated by the FAA, and operators could also serve as their own ADSPs. The NPRM also proposes to streamline airworthiness approvals by allowing drones weighing up to 1,320 pounds to forego the traditional certification process for receiving airworthiness certificates. Rather, they will be accepted by the FAA through a new process if they conform with industry consensus standards.

Interested parties should ensure to comment on any concerns with or support for the NPRM on the FAA’s regulatory docket for the rule and reach out to aviation counsel for assistance with documenting particular issues in advance of the closure of the comment period on October 6.

About Our Authors

Courtney Freeman and Tyler Conklin are leading members of the Adams & Reese Aviation & Aerospace Team. Prior to joining Adams & Reese, Courtney was a senior member of the Office of the Chief Counsel at the FAA, where she led the teams that provided the legal architecture for emerging aviation technologies, including drone operations, Advanced Air Mobility (AAM), and other initiatives. Tyler formerly served as in-house counsel at Atlas Air, Inc., where she was the legal focal for the Flight Operations Department of the leading international cargo airline.

Tyler and Courtney’s prior experience affords direct insight into complex legal, operational, and commercial issues, which they apply to help clients navigate risks, solve problems, and capitalize on opportunities.

ENDNOTES

1. Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations; Denial of Extension of Comment Period, 90 Fed. Reg. 46,532 (Sept. 29, 2025), (The NPRM was published at 90 Fed. Reg. 38,212 (Aug. 7, 2025).
   
   
2. See 14 CFR § 11.45, where the FAA notes, “Make sure that your comments reach us by the deadline set out in the rulemaking document on which you are commenting. We will consider late-filed comments to the extent possible only if they do not significantly delay the rulemaking process.”
   
   
3. 90 Fed. Reg. 38212, published August 7, 2025.
   
   
4. See Sec. 4 of E.O. 14307, available at https://www.whitehouse.gov/presidential-actions/2025/06/unleashing-american-drone-dominance/.