Is drone delivery legal?

FAA Part 107 governs commercial small UAS operations (under 55 lbs), requiring remote pilot certification, daytime-only operations (with waivers for night), maximum altitude of 400 feet AGL, visual line-of-sight, and registration. Waivers available for BVLOS, night operations, and other restricted operations.

The US Federal Aviation Administration's 14 CFR Part 107, the operating-rules framework for small unmanned aircraft systems (under 55 lb) flown commercially in US airspace. Effective Aug 29, 2016, it sets the Remote Pilot Certificate, operating limits (daylight/civil-twilight, visual-line-of-sight, 400 ft AGL, one-pilot-one-aircraft), and waiver pathways. Amended Apr 21, 2021 by the Remote ID rule and the Operations Over People / night-operations final rules. Beyond-visual-line-of-sight (BVLOS) operations are governed by waiver and by the proposed Part 108 framework (NPRM published Aug 7, 2025).

NIST published the AI Risk Management Framework in January 2023, providing voluntary guidelines for managing risks associated with AI systems. Includes functions: Govern, Map, Measure, Manage. 2026 updates include Agentic Profile for autonomous AI systems with tool-use capabilities and critical infrastructure profile covering autonomous robots and vehicles.

FAA Remote ID rule requires all drones requiring registration (over 250g) to broadcast identification and location data. Drones must either have built-in Standard Remote ID or use an external broadcast module. Non-compliance constitutes illegal operation. Applies to both recreational and commercial (Part 107) operations.

NIST CSF 2.0, released February 2024, expanded the cybersecurity framework to cover all critical infrastructure sectors including autonomous vehicles, robotics, and AI systems. Adds Govern function to original five functions (Identify, Protect, Detect, Respond, Recover). Voluntary framework widely adopted by AV manufacturers and robot companies.

FAA established Part 21.17(b) as the certification basis for powered-lift eVTOL aircraft. Joby Aviation is the FAA reference case, having reached Stage 4 certification and TIA testing. Archer Aviation is following a similar path for its Midnight eVTOL. Joby targeting late 2026 type certificate.

Executive Order 14304 directs the FAA Administrator to repeal the prohibition on overland supersonic flight in 14 CFR 91.817, establish an interim noise-based certification standard, and define acceptable noise thresholds for takeoff, landing, and cruise. Foundation for FAA’s 2026 proposed rule on supersonic overland flight.

Presidential Executive Order ordering FAA to publish final BVLOS rule by February 2026, streamline drone certification, and promote US drone manufacturing competitiveness. Directs federal agencies to support domestic drone industry and counter foreign competition.

FAA proposed performance-based regulations enabling BVLOS drone operations up to 400 feet AGL for UAS weighing up to 1,320 pounds. Requires operator certification via Operating Permit or Operating Certificate. Final rule expected February 2026.

The National Defense Authorization Act for 2026 grants state, local, and tribal law enforcement agencies limited authority to deploy counter-UAS technology under defined conditions. Certified agencies are exempt from the Wiretap Act and 18 U.S.C. Section 32 when mitigating credible drone threats.

The Department of Homeland Security established a permanent Counter-UAS office with initial $115M funding to coordinate federal drone threat response and protect critical infrastructure.

FAA reopened the comment period for its proposed rule normalizing UAS BVLOS operations, published in the Federal Register on January 28, 2026. The rule provides requirements for UAS certification, weight, and equipage for beyond-visual-line-of-sight flights.

FAA proposed Part 108 to normalize BVLOS drone operations, enabling operators to control fleets of drones flying beyond visual line of sight in larger areas and along longer routes. Executive Order Unleashing American Drone Dominance ordered FAA to publish final BVLOS rule by February 2026. Comment period reopened January 2026.

The House passed H.R. 3410, the bipartisan Supersonic Aviation Modernization Act, requiring FAA to permit civil supersonic overland (CSO) flights without a Special Flight Authorization as long as no sonic boom reaches the ground. Directs FAA to finalize noise certification standards for supersonic aircraft.

NIST released a profile for trustworthy AI in critical infrastructure, covering autonomous robots and vehicles with multimodal sensing, redundant safety systems, and deterministic fail-safe controllers. Also addresses AI agents for autonomous cybersecurity incident response with tested guardrails.

FAA published a proposed rule to repeal the 1973 ban on civilian supersonic flight over the US, establishing a noise-based operational certification standard. Requires sonic boom overpressure not exceeding 0.11 psf at ground level. A companion Part 36 rule will define LTO noise thresholds. Final rules expected by mid-2027.

The FCC proposed fines totaling approximately $200,000 against eight companies for selling alleged rebrands of restricted drones, indicating increased national security focus on drone supply chains.

The FAA's dedicated BVLOS rule for unmanned aircraft. NPRM released 2025-08-07 (Docket FAA-2025-1908); comment period reopened January 2026; not finalized as of mid-2026. Will normalize routine BVLOS drone operations (delivery, infrastructure inspection) without case-by-case waivers.

The US FAA's 14 CFR Part 135 operating requirements for commuter and on-demand air carriers. Drone-delivery operators obtain Part 135 air-carrier certification to fly commercial beyond-visual-line-of-sight delivery routes; Zipline received Part 135 certification in 2022. Part 135 certification is distinct from the specific FAA BVLOS exemptions that later removed visual observers on particular routes.