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Comment open through Dec 3PolicyRule watch3 min read

A new FAA privacy notice covers Part 108 drone permits and says the BVLOS rule was issued. OIRA still lists it under review.

A Privacy Act notice published November 3 sets up DOT/FAA 860, the records system for Part 108 operators and manufacturers and Part 146 data service providers. It lists citizenship documents for package delivery operators. Comments are due December 3.

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More onDrone deliveryPart 108

Read the Federal Register notice by Dec 3
Illustration: a drone over a long utility corridor, the kind of route Part 108 is meant to cover (not an FAA image)
Illustration: a drone over a long utility corridor, the kind of route Part 108 is meant to cover (not an FAA image).

Decision brief

This is a privacy notice, not the BVLOS rule, and the rule text is still not public. It shows what the FAA's Part 108 and Part 146 applications will ask for and what the FAA may share. Comments on the notice are due December 3 in docket DOT-OST-2026-3862.

Comments due
Dec. 3, 2026

Docket DOT-OST-2026-3862

System
DOT/FAA 860

Parts 108 and 146. New system, effective immediately; routine uses Dec. 3

Rule status
Pending Review

OIRA, RIN 2120-AL82, received July 10, 2026

The notice

A records system for Part 108 and Part 146 applicants.

The Department of Transportation published a Privacy Act notice in the Federal Register on November 3 for a new FAA records system, DOT/FAA 860. It covers beyond visual line of sight (BVLOS) operations under Parts 108 and 146. The system holds information from operators, manufacturers, and automated data service providers (ADSPs) when they ask for authority to conduct or support certain BVLOS operations, to the extent they are individuals. Comments are due December 3 in docket DOT-OST-2026-3862. The notice says the system takes effect immediately and its routine uses take effect December 3.

The rule

The notice says the rule was issued. OIRA still shows it under review.

The notice describes the BVLOS rule in the past tense. It says the final rule "was issued" and that the rulemaking "established parts 108" for BVLOS operations and 146 for ADSPs. It says Part 108 has two tiers: "permits for lower-risk, smaller-scale UAS operations and certificates for higher-risk or enterprise UAS operations." On the morning of November 3, OIRA's register still listed the final rule, RIN 2120-AL82, as received July 10, 2026, Pending Review. No final rule has appeared in the Federal Register.

What is collected

Contact and aircraft data, and citizenship papers for delivery operators.

The notice says the FAA built an information portal for operators, manufacturers, and ADSPs. Operators give a name, address, email, phone number, the address of the principal base of operations, the operations supervisor's name, and UAS serial and registration numbers. For "a small subset of operators who perform package delivery operations," the FAA collects citizenship information. That could include a birth certificate, passport, or naturalization document, with parents' names, place and date of birth, marital status, and a photograph. Manufacturers may have to submit compliance data, "including noise and cybersecurity information." ADSPs need an organizational certificate and an authorization for each service. Corporate ADSPs list each stockholder with 5% or more of the voting stock.

What is shared

Waiver decisions may be public. Contact details are not.

The notice lists what may be shared. Part 108 waiver applications and decisions may go to the public, with names "as needed." Email addresses and phone numbers will not be disclosed under that use. Airspace authorizations will not be either, except as listed or summarized in a waiver's terms. The FAA's public web page for Part 146 lists each certified provider's name and service types. Records may also go to law enforcement, the NTSB, and TSA, including "for the purpose of vetting individuals and operators." The FAA plans to send retention schedules to the National Archives by the latter part of fiscal year 2027. Until they are approved, the notice says all records "will be treated as permanent."

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