Regulation

· Drones

Drone regulation is the body of statute, agency rules and guidance that decides who may own and fly uncrewed aircraft, where and how they may fly, and who may act against them. In the United States its central question is flight beyond the pilot's visual line of sight (BVLOS), which the FAA approves case by case through waivers until a standing rule replaces them.

The FAA's Part 108 BVLOS rule has waited at the White House since July 2026, while the FCC moves to open radio spectrum for drones. An FAA order eases tower inspections from 31 October 2026, FAA guidance clarified airport exercise flights, and a House committee advanced a drone safety-statement bill. Fifteen states sued over the FAA's nationwide environmental clearance for drone delivery, and state and local agencies gained counter-drone powers that 29 governors say many jurisdictions lack the training capacity to use. Separately, federal tests of drones for first responders could not score three of five Blue UAS-listed models in Manhattan. Abroad, rules range from Beijing's possession ban to approval of daily BVLOS medical deliveries in Zimbabwe, while the EU made a joint drone and counter-drone programme eligible for defence funding.

As of October 2026, Part 108 remained unsigned, the delivery lawsuit awaited a briefing schedule, and the FCC's spectrum vote was set for 29 October.

BVLOS flight and Part 108

The FAA's Part 108 rule would replace case-by-case BVLOS waivers with a standing, performance-based framework. It followed a June 2025 executive order directing routine BVLOS operations, whose 240-day deadline for the rule lapsed in February 2026. The final rule reached the White House Office of Information and Regulatory Affairs (OIRA) on 10 July 2026 and was still unsigned 87 days later, in early October 2026. FAA officials hope to publish it by the end of 2026, with a transition period of 6 to 12 months to follow.

Radio spectrum sits with a different regulator. The FCC scheduled a 29 October 2026 vote to open 50 MHz of the 800 MHz cellular band to commercial drones. Low-band spectrum generally carries farther, which is particularly relevant to BVLOS flight, but the order covers connectivity only, and operators would still need separate FAA authorisation to fly.

Administrative and legislative changes

Short of Part 108, the FAA has rewritten an internal processing order to ease specific operations. Under Order JO 7200.23E, effective 31 October 2026, Part 107 pilots can be authorised through FAADroneZone, rather than LAANC, to inspect cell towers, communications towers and high-rises above UAS Facility Map grid ceilings in controlled airspace without coordination with air traffic control, if the visual-line-of-sight flight stays within a 100-foot radius of the structure and no more than 100 feet above its top, keeps at least 2 nautical miles from any runway or heliport unless separately authorised, and meets cloud-clearance and visibility minimums. The order also adds a see-and-avoid waiver to every Part 91 drone approval.

Guidance issued on 9 October 2026 clarified how airport sponsors request drone authorisation for emergency-plan exercises: through FAADroneZone for Part 107 flights in controlled airspace, and through a Certificate of Authorization via CAPS for Part 91 flights in any airspace class. The update created no new operating rules and only clarified the existing process.

In Congress, the House Transportation and Infrastructure Committee approved the Drone Safety Statement Modernization Act (H.R. 10304) by voice vote on 15 September 2026. It would require manufacturers to present an FAA-defined safety statement when an operator first activates a small drone, replacing a 2016 provision that required only that the statement be available at delivery.

Drone delivery and environmental review

Drone package delivery holds a single nationwide environmental clearance. In July 2026 the FAA finalised a programmatic environmental assessment finding that delivery operations, with mitigation, would cause no significant environmental impact, so no full environmental impact statement was needed, and it intends to compare individual operators' applications against that baseline rather than review each afresh.

Fifteen states and Harris County, Texas, petitioned the Second Circuit on 28 September 2026 to set the assessment aside, arguing that skipping a full statement violated the National Environmental Policy Act. As of October 2026 the case awaited a briefing schedule and changed nothing for existing operators such as Amazon Prime Air, Wing and Zipline.

Public safety and counter-drone authority

State and local agencies have gained wider counter-drone authority, and governors say training has not kept pace. The Safer Skies Act, enacted in December 2025 within the fiscal 2026 National Defense Authorization Act, expanded the circumstances in which state and local agencies may detect and respond to threatening drones, once they meet federal training and certification requirements set in a July 2026 interim final rule. In a 6 October 2026 letter, 29 governors warned that "without sufficient training capacity, many jurisdictions will be unable to responsibly exercise the authorities Congress has provided," and asked for more seats at the FBI's National Counter-Unmanned Aircraft Systems Training Center.

Federal testing has also rated Blue UAS-listed drones for first responders. In a Department of Homeland Security assessment published in September 2026, 26 public safety pilots tested five such drones, and three of them could not be scored at Manhattan's Hudson Yards because they failed to hold position or to launch without a GPS lock. The Skydio X10D scored highest. DHS withheld from the public report the scores of "covered nation" drones flown alongside them, which reporting understood to mean Chinese-made aircraft, and framed the study as one of operator experience, not national security risk.

Outside the United States

Outside the United States, drone rules run from prohibition to approval of daily BVLOS operations. Beijing's rules from 15 November 2026 bar individuals and businesses from possessing or storing drones or key components anywhere in the city, going beyond a registration-only regime adopted in March 2026; officials said the goal was to "safeguard the security of the capital."

Zimbabwe's Civil Aviation Authority approved Drone Solutions International to fly daily BVLOS deliveries between regional health facilities and central labs after a six-month review.

On 28 September 2026, the Council of the European Union made DECODER, a joint programme to help member states "build, scale up, and deploy" drones and counter-drone systems, one of five defence projects eligible for funding under the European Defence Industry Programme. Approval conferred eligibility only, and as of September 2026 no funding had been awarded.

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