FAA and NRC Issue Parallel Rules Reshaping UAS Airspace Access and Nuclear Licensing Hearings

FAA: New Privacy Records System for BVLOS Drone Operations

The Federal Aviation Administration has proposed a new system of records — designated DOT/FAA 860, "Unmanned Aircraft System Beyond Visual Line of Sight Operations--Parts 108/146" — to govern the collection, use, and maintenance of personal information from operators, manufacturers, and Automated Data Service Providers (ADSPs) who seek authorizations to conduct or support certain beyond visual line of sight (BVLOS) operations in the United States national airspace. The system is effective immediately upon publication, though routine uses will not take effect until December 3, 2026, the same date by which public comments must be submitted.

The notice explains that the system of records flows directly from the FAA's "Normalizing Unmanned Aircraft Systems BVLOS Operations" final rule, which was issued under the authority of 49 U.S.C. 44807 and further required by section 930 of the FAA Reauthorization Act of 2024 (Public Law 118-63), which added 49 U.S.C. 44811 directing the FAA to establish performance-based regulations for UAS BVLOS operations. Section 932 of that same law additionally required procedures to approve third-party service suppliers, including suppliers of UAS Traffic Management (UTM) services.

The underlying rulemaking established two new regulatory parts: Part 108, covering operations of unmanned aircraft systems beyond visual line of sight, and Part 146, covering ADSPs. According to the notice, Part 108 created a comprehensive framework enabling routine BVLOS operations without case-by-case waivers, setting standards for aircraft design, operators, and operational safety, and introduced two tiers of operating authority — permits for lower-risk, smaller-scale operations and certificates for higher-risk or enterprise operations. Part 146 established a certification structure for ADSPs that supply the digital traffic management and safety data necessary to support scalable BVLOS activity, including UTM.

To administer the system, the FAA developed an information portal for manufacturers, operators, and ADSPs. The notice details the specific data collected: from operators, the FAA collects contact information (names, physical addresses, email addresses, and telephone numbers), as well as UAS serial numbers and UAS registration numbers. For a small subset of operators — those who perform package delivery operations — citizenship information is also collected and may include birth certificates, passports, or naturalization documents, which could contain name, parents' names, place of birth, date of birth, certificate of naturalization number or passport number, marital status, and photograph. Upon submission, an application identification number is generated for tracking, and if approved, a permit or certificate number is issued. Manufacturers submitting declarations of compliance provide similar contact and aircraft information, with approved applications receiving a waiver number. ADSPs must obtain both organizational-level certificates and authorizations for the individual services they provide.

NRC: Final Rule Streamlining Contested Adjudications in Licensing

The Nuclear Regulatory Commission has issued a final rule revising its rules of practice and procedure to streamline contested adjudications in NRC licensing proceedings, effective December 3, 2026. The rule applies to contested adjudicatory proceedings noticed on or after that effective date and amends 10 CFR parts 2, 51, 52, 53, and 54.

The rule responds to two distinct mandates. The ADVANCE Act of 2024 (Public Law 118-67), signed into law in July 2024, requires the NRC to provide "efficient and timely proceedings" for a broad category of licensing actions under section 505(b), and under section 207(c) directs the NRC to complete any necessary public licensing hearings and related processes for certain reactor combined license applications not later than two years after docketing the application, to the maximum extent practicable. Subsequently, Executive Order 14300, "Ordering the Reform of the Nuclear Regulatory Commission," issued May 23, 2025, directed the NRC at section 5(j) to streamline its public hearing process; at section 5(a) to establish fixed deadlines for evaluation and approval of specified licensing actions; at section 5(d) to establish an expedited approval pathway for reactor designs tested and demonstrated by the Department of Defense or the Department of Energy; and at section 5(e) to establish a process for high-volume licensing of microreactors and modular reactors.

The rule's major provisions include revisions enabling the NRC to generally complete adjudications within 11 to 13.5 months, or faster for expedited proceedings; a requirement for evidentiary hearings to begin as soon as practicable upon admission of contentions; strict deadlines for completion of hearings; tailored hearing schedules that correspond to the staff's review schedule to the maximum extent practicable; a reduction in discovery burden on all parties to focus on information of highest value; revisions to accelerate Commission review of appeals; and elimination, refinement, or addition of provisions to accommodate the schedule directives of the ADVANCE Act and E.O. 14300.

The NRC characterizes the rule as a deregulatory action. Over a five-year analysis period spanning 2026 through 2030, the revisions are projected to yield combined cumulative undiscounted net savings of $67.4 million. Using 2025 as the base year, the net present value of those savings is $61.7 million discounted at 3 percent, or $55.2 million discounted at 7 percent. Projected annualized cost savings are $13.5 million discounted at 3 percent and $13.5 million discounted at 7 percent. The NRC states that implementation and transition costs are expected to be minimal.

What to Watch

Both actions share a key date: December 3, 2026. For the FAA's proposed privacy system, that is the deadline for public comments and the date on which routine uses of the new DOT/FAA 860 records system become effective. For the NRC's final rule, it is the effective date of the streamlined adjudication procedures, which will govern all contested licensing proceedings noticed on or after that date.

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