Regulatory Brief // 14 CFR Part 108

Part 108: The FAA's Plan for Flying Beyond Visual Line of Sight

A plain-language guide to the proposed rule that would make routine BVLOS drone flights possible without a waiver for each operation.

Proposed · Not in effect

Where Part 108 stands today

The FAA has not published a final Part 108. The final rule has been at the White House Office of Information and Regulatory Affairs (OIRA) since July 10, 2026, and was still listed as pending review in early October. The FAA has said it hopes to publish by the end of 2026. Until then, BVLOS flights still need an existing FAA approval, most often a Part 107 waiver.

Status as of October 14, 2026. Check the FAA and the Federal Register for updates.

The basics

What is Part 108?

Part 108 is a new section of the Code of Federal Regulations that would govern drone flights beyond the pilot's visual line of sight, mostly below 400 feet above ground.

Today, Part 107 requires the remote pilot to keep the aircraft in sight. Flying beyond that means asking the FAA for a waiver, one operation at a time. Part 108 would replace that case-by-case approach with published requirements. An operator that meets them could apply for a permit or certificate and fly under it.

Congress required the FAA to create this framework in the FAA Reauthorization Act of 2024, and a June 2025 executive order (EO 14307) pushed for a final rule within 240 days. The FAA's proposal builds on the 2021 recommendations of its BVLOS Aviation Rulemaking Committee, which produced roughly 70 recommendations and a draft Part 108.

Sources: FAA proposed rule (PDF), Penn State GEOG 892, Pillsbury

Timeline

How we got here

  1. Executive Order 14307 directs the FAA to issue a proposed BVLOS rule within 30 days and a final rule within 240 days.

  2. The proposed rule, "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations," is published in the Federal Register (90 FR 38212, Docket FAA-2025-1908, RIN 2120-AL82). It also proposes a companion Part 146 for data service providers.

  3. The 60-day comment period closes after thousands of public comments.

  4. The FAA reopens comments on a narrow topic: electronic conspicuity and right-of-way. That window closes February 11, 2026.

  5. The executive order's 240-day target for a final rule passes without one.

  6. The FAA sends its final rule to OIRA for review. Review of a significant rule can run up to 90 days, and extensions are common.

  7. The FAA says it hopes to publish. Operators should expect compliance dates months after publication.

Sources: DARTdrones, The Drone U, Drone Authority, The Flight Brief, DroneBundle

Key proposals

What the proposed rule would do

Permits and certificates

Every Part 108 operator needs one. Permits cover smaller, lower-risk work. Certificates cover larger fleets, bigger aircraft, or higher-risk flights and require a safety management system.

Aircraft up to 1,320 lb

Aircraft would be accepted through a performance-based airworthiness process rather than a traditional type certificate. Part 107 caps aircraft at 55 lb.

Low-altitude flight

Operations would take place primarily below 400 feet above ground level, with limits that depend on how many people live below the flight path.

New crew roles

An operations supervisor holds overall safety responsibility. A flight coordinator watches individual aircraft and can step in. The FAA would not issue an airman certificate for either role.

Remote ID and lighting

Aircraft would broadcast Remote ID and carry lighting. In certain airspace they would need to detect other aircraft that are not broadcasting their position.

Part 146 data services

Third-party providers of strategic deconfliction and conformance monitoring would be certified under a new Part 146. TSA is also proposing security requirements for personnel.

Sources: FAA proposed rule (PDF), AirData, DroneXL, DLA Piper

Operating permits

Permit categories as proposed

The proposal lists eight kinds of permitted operations, each with its own limits. Figures below come from industry summaries of the proposed rule and may change in the final version.

OperationFleet limitMax weightPopulation limit
Package delivery100 aircraft55 lbCategory 3 or lower
Agriculture10 aircraft1,320 lbCategory 1
Aerial surveyingUnder 25110 lbCategory 3 or lower
Civic interestUnder 25110 lbCategory 3 or lower, government contract
UAS trainingUnder 101,320 lbCategory 1
DemonstrationUnder 50110 lbCategory 2 or lower
Flight testNot specified1,320 lbCategory 1
Recreational1 aircraft55 lbCategory 3 or lower

Population categories are based on LandScan data, with Category 1 the least populated. Source: DroneXL, summarizing the FAA proposed rule.

Side by side

Part 107 and Part 108

Part 107 (in force)

  • Remote pilot certificate required
  • Aircraft under 55 lb
  • Visual line of sight, unless waived
  • BVLOS by individual waiver

Part 108 (proposed)

  • No FAA airman certificate; the operator is accountable for training
  • Aircraft up to 1,320 lb
  • BVLOS by rule, primarily below 400 ft
  • Permit or operating certificate required

Sources: 14 CFR Part 107 (eCFR) and the FAA proposed rule.

Open questions

What is still being debated

  • Right of way. The proposal would require crewed aircraft that are not broadcasting their position to yield to Part 108 drones. Reporting ties this contested provision to the missed deadline, and the FAA reopened comments on it.
  • Transition from waivers. Industry groups say the proposal does not explain how operators with Part 107 BVLOS waivers move to Part 108. It would also end new Part 107 BVLOS waivers.
  • Automation over piloting. The design favors highly automated flights supervised by a flight coordinator, which operators who fly with a pilot in the loop say leaves them without a path.
  • Population density. Several operators object to using population density as the main measure of risk.
  • Security rules. TSA's companion proposal drew objections from commercial drone groups, who asked for a different approach.

Sources: DLA Piper, Commercial UAV News, Sky Trade

What to do now

Planning for Part 108

  • Keep flying under Part 107 and any waivers you hold. Nothing in Part 108 applies yet.
  • Treat the proposed rule as a preview. The final text may change numbers, categories, and definitions.
  • If you want to fly BVLOS commercially, start building documented training, procedures, and flight records. Under the proposal, the operating organization carries responsibility for them.
  • Watch the Federal Register and FAA UAS pages for the final rule and its compliance dates.

This page is general information and not legal advice. Confirm requirements with the FAA before you operate.

References

Sources

Government

Academic

Drone industry

Legal analysis

NC Drones LLC // Professional UAS Services

Start with Part 107

Part 107 is the foundation for commercial flying today. NC Drones offers a Part 107 exam preparation course taught by a certified instructor.

See the Part 107 Course Contact Us

(828) 289-0217 · contact@ncdroneco.com