Based on the proposed rule (NPRM, docket FAA-2025-1908) as of July 2026. Part of our Part 108 readiness series.
The proposal keys the mandate to airspace and population density: controlled airspace (Class B, C, D, surface-area Class E) requires both certificated strategic deconfliction and conformance monitoring; denser population areas (Category 3 and up) require strategic deconfliction; sparse Category 1 and 2 operations require neither. An operator can self-provide these services, but self-provision needs the same Part 146 certificate a third party would need; the large delivery networks that received FAA letters of acceptance in July 2024 effectively pioneered that path.
The line the proposal draws is functional, not architectural: a service is regulated under Part 146 when an operator uses it to show compliance with a regulatory requirement. The FAA expressly excludes ordinary business tooling from the framework, naming fleet management services as its example: software operators use "to fulfill a business need, not a safety objective" sits outside Part 146 regardless of how sophisticated it is. The same capability can sit on either side of the line depending on what an operator uses it to demonstrate, which is why precision matters when vendors describe what their products do in a Part 108 context.
Part 146 grades certification by the criticality of what a service supports. Level 1 (supporting Part 108 operations without regulatory relief) certifies by declaration of compliance, one-time, with no renewal. Level 2 adds documentation requirements; Level 3 adds evidentiary data and quality-of-service proof. The FAA expects most providers to sit at Level 1. Certificated providers also carry real obligations regardless of level: a cybersecurity program, data-exchange interoperability with authentication and integrity safeguards, breach reporting, data retention, and a software-update regime.
Because the ADSP layer is where part of your future BVLOS operating cost and vendor stack lives. If your missions touch controlled airspace or populated areas, the proposal means budgeting for certificated services the way you budget for insurance, and the readiness checklist starts with classifying exactly that. If your flying is sparse-area, the proposal asks nothing of you here.
Hover's lane in all of this is the business side of the line: live video from the field for the people running the operation.
An Automated Data Service Provider: under the proposed Part 146, an entity certificated by the FAA to provide the data services that BVLOS operations depend on for regulatory compliance, such as strategic deconfliction, conformance monitoring, detect-and-avoid data, and micro-weather.
Under the proposal: operations in controlled airspace (Class B, C, D, surface-area Class E) must use certificated strategic deconfliction and conformance monitoring; operations near denser population areas (Category 3 and up) must use certificated strategic deconfliction; operations in sparse Category 1 and 2 areas need neither.
Yes, but self-provision does not escape certification: under the proposal, an operator providing its own compliance-bearing data services needs the same Part 146 certificate and authorization a third-party provider would need. The large delivery networks that received FAA letters of acceptance in 2024 effectively pioneered this self-provided path.
No. The proposal draws a functional line: a service falls under Part 146 only when an operator uses it to show compliance with a regulatory requirement. The FAA expressly excludes ordinary business tools from regulation, naming fleet management services as an example of software that serves a business need rather than a regulatory safety function. The same product category can sit on either side of the line depending on what it is used to demonstrate.
Three levels by the criticality of what the service supports: Level 1 (supporting Part 108 operations without regulatory relief) certifies by a declaration of compliance; Level 2 adds documentation requirements; Level 3 adds evidentiary data and quality-of-service proof. The FAA expects most providers at Level 1.
Part 146 is still a proposal, so no certificates exist yet. The closest precedent: the FAA issued ADSP letters of acceptance to Zipline and Wing in July 2024, prefiguring the framework the rule would formalize.
FAA/TSA joint NPRM "Normalizing UAS Beyond Visual Line of Sight Operations" (docket FAA-2025-1908), including the Part 146 regulatory text and preamble, as of July 2026. This page describes the PROPOSED rule; scope and definitions may change in the final rule.
This page is for general orientation and may not reflect the latest regulatory changes. It is not legal advice: confirm current rules, fees, and permitted zones with your country's civil aviation authority before you fly.