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FAA final rule lets Part 135 drone operators use a maker's inspection program or one of their own

The FAA rule went on public inspection at the Federal Register on November 9 and is scheduled to publish November 10. It opens the Part 91 inspection program options to unmanned aircraft flown under Part 135, the air carrier rules used for commercial drone package delivery.

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Wing delivery aircraft carrying a Walmart package in flight (file photo; the rule covers all Part 135 drone operators, not one company)
Wing delivery aircraft carrying a Walmart package in flight (file photo; the rule covers all Part 135 drone operators, not one company). Image: Wing / Walmart

Decision brief

This is a maintenance rule for drone operators, not a flying rule for pilots. The proposal the FAA adopted left out aircraft flown under Part 107. For Part 135 drone operators, the FAA says the rule adds options without adding burden, because its exemptions already generally require them to follow the manufacturer's inspection instructions. The rule takes effect 60 days after it publishes.

Effective
Jan 9, 2027

60 days after the scheduled November 10 publication

Who it covers
Part 135 drones

The proposal left out Part 107 aircraft

Reporting window
96 hours

Up from 72 for Part 91 subpart K mechanical reliability reports, with an electronic filing option

The rule

A final maintenance rule, signed and on public inspection.

The FAA has issued a final rule that changes how some drones are inspected. The document went on public inspection at the Federal Register on November 9 and is scheduled to publish November 10. It takes effect 60 days after publication, which would be January 9, 2027. FAA Administrator Bryan K. Bedford signed it. The rule, RIN 2120-AL20 in docket FAA-2024-0025, finishes a proposal published on January 31, 2024.

For unmanned aircraft flown under Part 135, the rule lets owners and operators follow the inspection rules in Part 91. The FAA says that means they can choose an inspection program the manufacturer recommends, or one the registered owner or operator sets up and the FAA approves. The proposal, which the FAA adopted as written for these parts, left out Part 107 aircraft. Part 135 is the framework the FAA uses for commercial drone package delivery. The agency calls Part 135 certification the only path for small drones to carry someone else's property for pay beyond visual line of sight.

Why the FAA did it

Exemptions already point drones to the maker's inspection instructions.

The FAA says it has let drones fly under Parts 91 and 135 through exemptions and waivers. Those generally require them to follow the manufacturer's inspection instructions, or to fold those instructions into an approved program. The agency says the rule adds no burden for drone operators, because following the manufacturer's program is in general already required under those exemptions. It did not put a number on costs or benefits for unmanned aircraft. The rule gives single-engine turbine-powered airplanes the same choices. It also extends the deadline for mechanical reliability reports under subpart K of Part 91 from 72 hours to 96, and adds the option to file them electronically. The FAA puts the annual net savings from the manned-aircraft changes at $57.02 million, using a 7 percent discount rate.

Where drone delivery is availableThe Part 135 operators flying now and where.

Part 108

The FAA expects fewer drone flights under Part 135 once the BVLOS rule is done.

The FAA received 21 comments. One asked it to share UAS safety data and its approval process for drone inspection programs with industry. The FAA said the request was outside the rule's scope. It added that the process applies only to UAS operations under Part 135, which it said are "a minority of such operations that will only decline in number" once its Part 108 rule for beyond-visual-line-of-sight flight is finished. That rule, RIN 2120-AL82, was still listed as Pending Review at the White House Office of Information and Regulatory Affairs when we checked on November 9.

Part 108 at OIRAThe final BVLOS rule's review status.

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