Part 108 is a proposed FAA regulation that would create a standard framework for routine beyond-visual-line-of-sight (BVLOS) drone operations. It is intended to replace the current case-by-case Part 107 waiver process for BVLOS flights.

When was the Part 108 NPRM published?

The Notice of Proposed Rulemaking was published on August 7, 2025 (90 FR 38212, FAA Notice No. 25-07, Docket FAA-2025-1908).

When will the final Part 108 rule take effect?

As of mid-2026, no final rule has been published. The rule was sent to OIRA for final review on July 10, 2026, which is typically the last step before publication. The effective date will depend on the final rule text and any compliance periods it includes.

Can I fly BVLOS today without Part 108?

Yes, but only through the existing Part 107 waiver process. You must obtain a waiver from the FAA for the specific operation, which generally requires detailed operational, risk, and technical documentation.

What topics were reopened for comment in early 2026?

The FAA reopened the comment period from January 28 to February 11, 2026 to gather additional input on ADS-B, electronic conspicuity, and detect-and-avoid systems.

Will Part 108 apply to recreational flyers?

The proposed rule is primarily aimed at commercial and public aircraft operations under Part 107. Recreational flyers generally must keep their drones within visual line of sight unless operating under a specific exception or community-based organization guideline that allows otherwise.

What is detect-and-avoid?

Detect-and-avoid, sometimes called DAA, is a capability that allows a drone to sense and avoid other aircraft without a human pilot seeing them directly. It is one of the key technologies the FAA is evaluating for safe BVLOS operations.

How should businesses prepare for Part 108?

Businesses should document their current operations, understand the waiver process, follow the FAA docket, and evaluate detect-and-avoid and Remote ID solutions. Fleet planning should also account for equipment that can meet the likely technical requirements of the final rule.

Part 108 BVLOS: Where the Rule Stands in 2026

Fast-moving regulatory area

This is a fast-moving area. Last verified August 2026 — check faa.gov and the Federal Register for the current position.

Beyond-visual-line-of-sight flight is the most anticipated change in U.S. drone regulation. For years, operators have needed individual FAA waivers to fly BVLOS, which limited the economics of drone delivery, infrastructure inspection, and large-area mapping. The proposed Part 108 rule is meant to create a standard framework for routine BVLOS operations. As of mid-2026, the rule is close to the finish line but not yet final. This page explains the timeline and what operators should do while waiting.

1. Quick answer

Part 108 is not yet law. The FAA published the proposed rule on August 7, 2025, collected comments, and sent the rule to OIRA for final review on July 10, 2026. Until the final rule is published and takes effect, routine BVLOS operations still require a Part 107 waiver. If you want to fly BVLOS today, you must use the waiver process.

2. The NPRM: August 2025

The FAA issued the Notice of Proposed Rulemaking for Part 108 on August 7, 2025. The docket is FAA-2025-1908, and the notice appeared in the Federal Register at 90 FR 38212. The proposal outlined a structure for BVLOS operations that would move beyond the current waiver model and toward performance-based rules.

The NPRM addressed several core issues: how drones would avoid other aircraft, how operators would manage airspace risk, what equipment and training would be required, and how the FAA would certify or approve certain operational capabilities. It also explored concepts such as "shielded" operations, where the flight is confined to areas with low risk of crewed aircraft encounters.

The Part 108 NPRM was published in the Federal Register on August 7, 2025 as "Operation of Small Unmanned Aircraft Systems Over People and Beyond Visual Line of Sight."

Source: federalregister.gov

3. Comment periods and industry feedback

The initial comment period ran for 60 days and closed on October 6, 2025. The FAA received more than 3,000 comments from drone operators, manufacturers, pilot associations, and public safety agencies. The volume reflects how important this rule is to the industry.

In response to the feedback, the FAA reopened the comment period from January 28 to February 11, 2026. The reopening focused specifically on three technical areas: ADS-B, electronic conspicuity, and detect-and-avoid systems. These are the technologies that will determine whether drones can safely share the airspace with crewed aircraft without a human pilot watching the sky.

ADS-B, or Automatic Dependent Surveillance-Broadcast, is a system crewed aircraft use to broadcast their position. Electronic conspicuity is a broader concept that makes a drone visible to other airspace users. Detect-and-avoid is the capability to sense and avoid other aircraft automatically. Commenters debated whether drones should be required to carry ADS-B Out, whether they should only listen to ADS-B In, and whether other technologies could provide equivalent safety.

4. OIRA review: July 2026

On July 10, 2026, the FAA sent the Part 108 rule to the Office of Information and Regulatory Affairs (OIRA) for final review. OIRA is part of the Office of Management and Budget and reviews significant regulations before they are published. This step is normally one of the last before a rule appears in the Federal Register.

OIRA review can take weeks or months. During this phase, the rule may be revised based on interagency feedback. The public generally cannot see the draft text until the final rule is published. Once OIRA clears the rule, the FAA will publish it and set an effective date.

OIRA review status can be tracked through the Unified Agenda of Regulatory and Deregulatory Actions on reginfo.gov, though the detailed review text is not public until the rule is published.

Source: reginfo.gov

5. What operators must do now

Until the final rule takes effect, the existing rules apply. Any BVLOS operation still requires a Part 107 waiver. The waiver process is case-specific: the FAA reviews the proposed operation, the mitigation measures, and the risk to people and crewed aircraft. Waivers can take months to process and are often granted with conditions.

Operators should prepare for Part 108 even before it becomes final. Practical steps include:

Document your waiver history: Past waivers show your operational safety record, which may help under any new framework.
Evaluate your equipment: Remote ID, ADS-B In, and detect-and-avoid systems may become requirements or strong preferences under the final rule.
Follow the docket: Comments and FAA responses in docket FAA-2025-1908 give early signals of what the final rule will require.
Train crews: BVLOS operations require different procedures than VLOS flights. Crew resource management, lost-link procedures, and contingency planning become critical.
Talk to clients and insurers: Some contracts and insurance policies already ask whether an operation is conducted under a waiver or a published rule. Clear records protect your business.

6. What comes next

The most likely next step is publication of the final rule, followed by a compliance period. Industry observers expect the FAA to give operators time to upgrade equipment and training before enforcement begins. The rule may also include provisions for standardized risk categories, allowing simpler BVLOS operations in low-risk environments while retaining more scrutiny for complex ones.

For the U.S. drone industry, Part 108 is the biggest remaining regulatory milestone. When it is finalized, it will unlock operations that have been held back by the waiver bottleneck. Until then, patience, preparation, and strict compliance with the existing waiver process are the only practical options.

Drone Register is a private intermediary service. We are not affiliated with the FAA or any U.S. government agency. Read our editorial policy and sources.