FAA’s New Part 108 Privacy Act Notice: Comments Due December 3

The FAA has published a new Privacy Act notice for the records behind Part 108 beyond visual line of sight operations and Part 146 Automated Data Service Providers. For operators, manufacturers and data-service companies, it answers an important practical question: what personal information will the agency collect, and who can receive it?

The November 3 Federal Register notice creates DOT/FAA 860, “Unmanned Aircraft System Beyond Visual Line of Sight Operations—Parts 108/146.” This is a System of Records Notice, or SORN — not a new operating rule. It does not add a flight restriction or change where you can fly. It explains how the FAA will collect, use, maintain and disclose personally identifiable information in its BVLOS authorization system.

Why the FAA needs a new records system

Part 108 establishes permits for lower-risk, smaller-scale BVLOS operations and certificates for higher-risk or enterprise operations. Part 146 establishes certification for Automated Data Service Providers, or ADSPs, which supply digital traffic-management and safety data. The FAA says its information portal will serve operators, manufacturers and ADSPs.

A Privacy Act SORN describes records retrieved by a person’s name or another personal identifier. It also explains the system’s purposes, disclosures outside the agency and procedures for people to request or challenge records about themselves.

What information the FAA will keep

For Part 108 operators, the listed records include contact information, the principal base of operations if different, the operations supervisor’s name, application ID, permit or certificate number, and UAS serial and registration numbers.

Package-delivery operators form a small subset for which the FAA says it will collect citizenship information. That could include a birth certificate, passport or naturalization document, along with details such as date and place of birth, parents’ names, marital status and photograph. The notice does not explain why this requirement applies only to that subset.

Manufacturer records include contact and application information, waiver number, and aircraft make, model, series, serial number and manufacture date. ADSP records include application, certification and service-authorization numbers plus contact details. Corporate applicants must identify stockholders owning 5% or more of total voting stock; non-corporate applicants must identify people with a financial interest. Accountable executives’ contact information is also covered.

What can be disclosed?

Two public-facing provisions stand out. For Part 108, the FAA may publish waiver applications and decisions, including previous, pending, existing or denied waiver history and special provisions. Individual or business names may be shared as needed, but email addresses and telephone numbers will not be disclosed under this routine use. Airspace authorizations are also excluded unless one is listed or summarized in a waiver’s terms.

For Part 146, the FAA plans a public webpage listing each certified service provider’s name, certification service type, and the service type and category of each authorized service.

Other routine uses allow relevant disclosures for FAA enforcement, NTSB investigations, investigations by government agencies, critical-infrastructure threat detection, and TSA security measures, threat assessments and vetting. The notice also contains broader DOT provisions covering litigation, contractors, breach response and other government functions.

Comments are due December 3

Comments are due December 3, 2026, under docket DOT-OST-2026-3862. The FAA may publish an amended notice after reviewing them. Be careful with personal details in a submission: DOT says comments will be posted without change, including any personal information provided.

One timing detail deserves attention. Although the summary says DOT “proposes” the system, the dates section says the system is effective immediately, while its routine uses become effective December 3. The notice also says records-retention schedules are still being drafted for submission to the National Archives by the latter part of fiscal year 2027; until approved, records will be treated as permanent.

The Part 107 foundation still matters

For most commercial pilots, tomorrow’s Part 108 BVLOS work still sits on top of today’s Part 107 foundation. Drone U’s online Part 107 course builds the airspace, weather and operating knowledge pilots need — and students have been known to take the course in three days and pass the test.

Sources: Federal Register: DOT/FAA 860 Privacy Act System of Records Notice; Regulations.gov docket DOT-OST-2026-3862

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