FAA Part 108 Explained: The Proposed BVLOS Drone Rule

What is FAA Part 108?

FAA Part 108 is a proposed rule for drone flights beyond visual line of sight (BVLOS). It would let operators fly BVLOS under an FAA operating permit or operating certificate instead of a Part 107 waiver, with operations supervisors and flight coordinators instead of licensed remote pilots, and aircraft accepted against industry consensus standards. The FAA published the proposal on August 7, 2025. As of October 7, 2026 there is no final rule, and Part 108 is not in effect.

Part 108 would be a new part of the federal aviation rules, 14 CFR Part 108, written for drones flying beyond visual line of sight. The FAA published it as a Notice of Proposed Rulemaking on August 7, 2025 (90 FR 38212), and the draft final rule has been under White House review since July 10, 2026. Until a final rule takes effect, most civil BVLOS flights still need a Part 107 waiver, a Section 44807 exemption, or a Section 927 waiver.

This guide explains what the proposal would require, using only the proposed rule text, the FAA's own BVLOS fact sheet, and other official documents. Section numbers (§108.x) refer to the proposed regulatory text, which can still change in the final rule. For the latest status, see our Part 108 NPRM tracker.

FAA Part 108 at a glance

Understanding Part 108 fundamentals

Every operation under Part 108 would need either an FAA operating permit or an FAA operating certificate (§108.100). Permits are for smaller fleets, lighter aircraft and less populated areas. Certificates are for larger operations and are required over the most populated areas.

Responsibility sits with the operator, the company or person holding the permit or certificate. Each operator except a recreational permit holder would name an operations supervisor, who has final authority for the safe operation (§§108.120(d), 108.475(f)(4)). Neither the operations supervisor nor the flight coordinator would need an FAA airman or remote pilot certificate. The operator trains and qualifies them.

The aircraft would not need traditional airworthiness certificates. Instead, the FAA would accept a manufacturer's declaration that its design meets FAA-accepted industry consensus standards. The FAA's fact sheet says certain aircraft "could weigh up to 1,320 lbs. including everything they're carrying."

Risk is managed mainly through population density. The proposal sorts every area into five population categories (§108.185), and the requirements step up as the category rises. Operations would stay at or below 400 feet above ground level (§108.175).

History and development timeline

The FAA established the UAS Beyond Visual Line-of-Sight Operations Aviation Rulemaking Committee (ARC) on June 8, 2021 (90 FR 38220). The committee brought together industry, aviation organizations and government to recommend performance-based BVLOS rules.

The ARC delivered its final report on March 10, 2022, with 70 recommendations. Those recommendations covered aircraft acceptance, personnel qualifications, right-of-way, and the role of third-party data services. The FAA bases the proposal's 1,320-pound maximum on the ARC's recommendations and JARUS kinetic-energy limits (90 FR 38270).

Section 930 of the FAA Reauthorization Act of 2024 (Public Law 118-63), signed May 16, 2024, directed the FAA to issue a proposed rule and then a final rule "establishing a performance-based regulatory pathway for UAS to operate BVLOS" (90 FR 38214). The proposal was due by September 16, 2024. The final rule is due "not later than 16 months after publishing the proposed rule" (49 U.S.C. 44811(c)), although the FAA's Unified Agenda lists January 16, 2026 as that deadline.

Executive Order 14307, signed June 6, 2025, ordered a proposed rule within 30 days and a final rule within 240 days "as appropriate." The FAA published the proposal on August 7, 2025. Comments closed October 6, 2025 with approximately 3,100 submissions, and the FAA reopened comments on electronic conspicuity and right-of-way from January 28 to February 11, 2026. The draft final rule reached the Office of Information and Regulatory Affairs (OIRA) on July 10, 2026.

Key differences from Part 107

Part 107 is built around one person: the remote pilot in command. The remote pilot in command, the person at the controls and any visual observer must all be able to see the drone with unaided vision, and either the pilot and the person at the controls or the visual observer must exercise that ability throughout the flight (§107.31). FAA guidance allows brief moments of looking away, such as checking the controller, as long as they can still see the drone or quickly bring it back into view (AC 107-2A, section 5.9). One person may not act as remote pilot in command of more than one drone at a time (§107.35). Both rules can be waived under §107.205, but only case by case. The eCFR text of Part 107 is the official version.

Part 108 is built around the operator. The flight coordinator watches the flight and can send commands or start emergency actions (§108.5), while the aircraft flies itself. The FAA chose the term "flight coordinator" instead of "pilot" to show that the role "would not share the exact same roles" as a pilot (90 FR 38254).

Multiple aircraft are allowed, but not by default. The proposal sets a one-to-one ratio of aircraft to flight coordinator. A higher ratio needs a method acceptable to the FAA and can never exceed the manufacturer's stated ratio (§108.210).

Authorization also works differently. A permit covers one type of operation, so an operator who does both delivery and surveying needs two permits (§108.400(e)). One certificate can cover several types (§108.515(d)). Under either, every operating area still needs FAA approval (§108.165). For a full side-by-side, see our Part 108 vs Part 107 comparison.

Related regulatory changes

The proposal does not only add Part 108. It also changes existing rules, including Part 48 registration, Part 45 marking, Part 89 Remote ID, §91.113 right-of-way and Part 107, and it adds a new Part 146 for automated data service providers.

Remote ID integration

Part 108 aircraft would have to meet the standard Remote ID requirements of 14 CFR Part 89, built into the aircraft (§108.200(a)(1)). They would also broadcast additional message elements: a status showing the aircraft is operating beyond visual line of sight, whether it is flying without a flight coordinator, and its takeoff location (§108.200(a)(3)). Our Remote ID guide covers today's rules.

A separate change in the same proposal would let small drone owners list one broadcast module on several of their registrations (§48.110). That change helps Part 107 fleets. It does not relax the built-in Remote ID requirement for Part 108 aircraft.

Registration modifications

Every Part 108 aircraft would register under Part 47, the same system used for crewed aircraft, and receive an N-number regardless of weight (§48.1(c); 90 FR 38232). The operator's name would also have to be displayed on the aircraft (§108.35(b)).

Part 107 restrictions

The proposal would amend §107.1 so Part 107 no longer applies to BVLOS flights. The FAA's reasoning: "it no longer makes sense to provide waivers to the part 107 rules for this type of activity. Any relief sought should be done under the auspices of part 108" (90 FR 38319).

The FAA would also remove the carriage of property or packages for compensation or hire from Part 107, which today allows it in limited cases within line of sight (90 FR 38319). Package delivery would move to Part 108. A smaller technical change would delete the §107.205 waiver for §107.41 airspace, since LAANC and DroneZone authorizations have replaced it.

Personnel roles and responsibilities

The proposal names two required roles and leaves other positions to the operator. The FAA identified seven personnel categories from past waivers and exemptions and asked for comments on them (90 FR 38255).

Operations supervisor

The operations supervisor is responsible for the overall safety of the operation and has final authority over it (§108.120(d)). The FAA's fact sheet adds that this includes "ensuring all personnel are properly trained and knowledgeable."

The supervisor qualifies through training, experience, or expertise (§108.305). The preamble gives military drone experience and academic background as examples (90 FR 38253). The FAA would not certificate the supervisor, and the operator must tell the FAA within 10 days when the supervisor changes (§108.305(b)). Recreational permits do not need one (§108.475(f)).

Flight coordinator

A flight coordinator must be designated before each flight when the manufacturer's operating instructions require one (§108.310(a)). Anyone who directs an aircraft in flight must be qualified and authorized by the operator as a flight coordinator, except a trainee gaining supervised experience (§108.310(b)).

To qualify, a person needs at least 5 hours of operating experience in the specific make and model, gained under the direct supervision of a qualified flight coordinator, an operations supervisor, or another person the operator designates (§108.310(e)). To stay current, they need 5 hours as a flight coordinator on that make and model within the preceding 12 calendar months (§108.310(f)). Recreational permits skip both experience rules (§108.475(f)(2)). Recurrent training is every 24 calendar months (§108.315(d)). Track those hours in your flight logs from day one.

Supporting personnel and security checks

Operators can add other positions, such as maintenance or loading staff, as their operations require (§108.300). There is no single list of mandatory extra roles.

A Transportation Security Administration security threat assessment would apply to "covered persons" (§108.335). That includes operations supervisors, flight coordinators, and staff with unescorted access to the aircraft or its cargo, or access to its controls or flight path. It is not a requirement for every employee.

Core operational concepts

Four ideas from the proposal show up in almost every section: airworthiness acceptance, operational intent, detect and avoid, and conformance monitoring.

Airworthiness acceptance

Airworthiness acceptance replaces the traditional airworthiness certificate for Part 108 aircraft (90 FR 38232). It works in two steps. Standards bodies submit consensus standards to the FAA for acceptance as a means of compliance (§108.705). A manufacturer then builds to an accepted standard and submits a declaration of compliance, and FAA acceptance of that declaration is the airworthiness acceptance (§108.715; 90 FR 38296).

The FAA would not inspect each aircraft. The manufacturer must inspect and test each unmanned aircraft system it produces (§108.735), run a quality assurance system (§108.730), and keep a continued operational safety program (§108.740).

Eligibility is limited by where the aircraft is made. Under proposed §108.700(b)(1), the UAS must be manufactured in the U.S. or in a country with a bilateral airworthiness or aviation safety agreement addressing UAS, or an equivalent agreement.

Operational intent

Operational intent is the planned volume of airspace and time for a flight, as defined in §108.5. Strategic deconfliction compares operational intents before takeoff so planned flights do not overlap (§108.190(c)). The operator would also have to maintain a target average conformance to its activated operational intents (§108.190(c)(2)).

Detect and avoid systems

Detect and avoid is the aircraft's "ability... to see, sense, or detect aircraft or other hazards and to make a flight adjustment to avoid a collision hazard" (§108.5). Outside shielded areas, Part 108 aircraft would have to yield to aircraft departing from or arriving at an airport or heliport, and to aircraft broadcasting their position with ADS-B Out or qualifying electronic conspicuity equipment (§108.195(a); FAA fact sheet).

Detecting aircraft that are not broadcasting is required only in Class B and C airspace and over Category 5 population areas (§108.180(b); §108.185(d)(5)(ii)). The proposal does not mandate a specific sensor. Under proposed §108.195(a)(2) and the matching §91.113 change, the drone would otherwise hold right-of-way over crewed aircraft that are not broadcasting, except in Class B or C airspace, over Category 5 areas, and when the crewed aircraft is taking off or landing at an airport or heliport. That provision drew more than half of the approximately 3,100 comments, according to the FAA's reopening notice, and it is the only topic the FAA reopened for comment (91 FR 3695).

Conformance monitoring

Conformance monitoring checks whether an aircraft stays inside its operational intent. When the aircraft exits its operational intent, the system must alert the crew and share that status with other affected airspace users and the FAA (§108.190(d)).

Strategic deconfliction and conformance monitoring would come from automated data service providers certified under the new Part 146 (§108.190(e)). The FAA fact sheet says an operator "could be its own data service provider or contract with another company."

Operating requirements and restrictions

The proposal sets hard numbers for altitude, crew fatigue, alcohol, reporting and records.

Altitude and airspace

Part 108 flights would stay at or below 400 feet above ground level (§108.175(a)). In Class G airspace, there are three exceptions: temporarily transiting steeply changing terrain, flying within 400 feet of a structure and no higher than 400 feet above its top, or briefly climbing to 450 feet to avoid a collision.

Shielded areas are a separate idea. A shielded operation is allowed only in an area where no crewed aircraft are expected to operate. Shielded areas include areas within 50 feet of power lines, substations, railroad tracks, bridges and pipelines when the infrastructure owner gives permission, and any other area the FAA designates (§108.205). Inside one, the drone would not have to yield right-of-way (§108.195(a); 90 FR 38245). Controlled airspace rules still apply (90 FR 38247).

Personnel duty limits

Operations personnel would be limited to a 14-hour duty day and a 50-hour duty week (§108.330). They need a 10-hour continuous rest period within the 24 hours before reporting for duty, and at least one full day off each week they are scheduled. Recreational permits are exempt from these duty and rest rules (§108.475(f)(6)).

No one may serve, or try to serve, in an operations personnel position within 8 hours of drinking alcohol, while under the influence of alcohol, while using any drug that affects their faculties in a way contrary to safety, or with an alcohol concentration of 0.04 or greater (§108.325(a)). Alcohol concentration means grams of alcohol per deciliter of blood or per 210 liters of breath.

Documentation and reporting

Section 108.45(h) sets the reporting deadlines:

Records come under §108.40. Flight records include the time, date and duration, the registration number, the type of operation, the flight path, and the personnel assigned. Flight data must be kept at least 24 months. Time in service and life-limited parts are kept for the life of the aircraft. Personnel and training records are kept for the length of employment plus 12 months.

Operations manual requirements

Every operator except recreational permit holders would keep a company operations manual (§108.135; §108.475(f)). Its required contents include personnel duties, preflight procedures, weight and balance, accident notification, records and reports, maintenance procedures, emergency procedures, recovery of aircraft that fail to return, and hazardous materials recognition.

Aircraft design and safety standards

Subpart H of the proposal sets design requirements every Part 108 aircraft would have to meet. The size, weight and speed limits apply unless the FAA authorizes otherwise (§108.805).

Performance specifications

The aircraft must take a safe preset action when it loses its command and control link (§108.815(b)), and must be able to detect and avoid crewed aircraft that broadcast their position (§108.825). Each aircraft also needs a flight data recorder that captures data from power-up to shutdown in a format the FAA and NTSB can read (§108.900).

Redundancy and reliability

The proposal does not ask for redundancy in general terms. It sets specific failure requirements instead, such as a rule that no single failure in the power system may cause loss of flight or control (§108.840(b)). Operators would also need a battery monitoring program (§108.620).

Maintenance and inspection

Repairs and alterations must follow the manufacturer's instructions (§108.625). Swapping in identical or manufacturer-listed parts does not count as a repair or alteration (§108.625(b)).

When a life-limited part reaches its limit, the operator must keep it from being reinstalled, for example by tagging or recording it, storing it separately, or mutilating it (§108.615(c)). Good maintenance scheduling and equipment records make these rules routine instead of a scramble.

Permitted vs certificated operations

The proposal lists eight permit types (§108.400(a)) and four certificate types (§108.500(a)). Package delivery, agriculture, aerial surveying and civic interest exist under both. The dividing line is fleet size, aircraft weight and population category.

Permitted operations

Sources: §§108.440 to 108.475. Training and demonstration fleets can be larger with FAA authorization, and flight test limits can be changed by the FAA. Recreational flights must stay within 10 nautical miles of the flight coordinator.

A permit lasts 24 months (§108.410(a)). An operator can apply for the next permit up to 120 days before the current one expires (§108.410(c)). Permit holders cannot carry hazardous materials, except in special operations under 49 CFR 175.9(b) such as crop spraying (§108.400(d)).

Certificated operations

Certificates have no fleet cap and are required to fly over Category 4 or 5 areas (§108.185(d)(4)). The exceptions are an FAA authorization and civic interest flights to the extent necessary to safeguard lives under imminent threat (§§108.185(a), 108.455(f)). They carry extra obligations: an accepted training program (§108.540), validation tests (§108.545), communication and ground risk assessments (§108.550), and a safety management system meeting 14 CFR Part 5 (§108.560).

Each certificate type still has limits. Package delivery certificates can serve all five population categories with aircraft up to 110 pounds (§108.565(c)). Agriculture certificates stop at Category 3 unless the FAA authorizes otherwise (§108.575(c)). Surveying and civic interest flights with aircraft over 110 pounds stop at Category 4 unless the FAA authorizes otherwise (§§108.580(b), 108.585(c)), and civic interest flights may go further to the extent necessary to safeguard lives under imminent threat (§108.585(d)). Our permitted operations guide walks through each type.

Operational limitations

Population categories are calculated from Oak Ridge National Laboratory's LandScan USA data as of August 1 each year, using day or night data as appropriate. An operation's requirements depend on the highest category it flies over, and each category excludes areas that qualify for a higher one (§108.185(c)):

Category 1 flights must stay at least 50 feet from exposed, non-participating people unless the FAA authorizes otherwise. Category 3 and up require strategic deconfliction, Category 4 requires a certificate, and Category 5 adds detect and avoid for non-broadcasting aircraft (§108.185(d)). No Part 108 flight may pass over an open-air assembly of people without FAA authorization (§108.185(b)).

Industry applications and opportunities

Each use case below maps to a specific operation type in the proposal. That mapping, not the marketing label, decides which limits apply to you.

Infrastructure inspection

Inspection falls under the aerial surveying operation type, which covers "photography, videography, mapping, inspecting, or patrolling operations" (§108.450(a)). A surveying permit allows aircraft up to 110 pounds, fewer than 25 active aircraft, and Category 3 areas.

The shielded-area rule matters most here. An area within 50 feet of power lines, substations, railroad tracks, bridges or pipelines can be a shielded area when the owner gives permission, but a shielded operation is allowed only where no crewed aircraft are expected to operate (§108.205). Proximity and permission alone are not enough. That is directly relevant to utility work and to construction inspection along linear assets.

Agricultural applications

The agriculture operation type covers dispensing: "aerial seeding, dusting, spraying, fertilizing, crop improvement, or pest control" (§108.445(a)). Camera-only work such as crop scouting is not in that definition, and photography and mapping fall under aerial surveying (§108.450(a)).

An agriculture permit allows aircraft up to 1,320 pounds but only fewer than 10 active aircraft and only in Category 1 areas. Operators need agricultural training and must record each customer, date and material dispensed (§108.40(a)(3)). See our drones in agriculture guide for the wider picture.

Emergency services

Civic interest is narrower than the name suggests. It covers forest and wildlife conservation, and operations in support of public safety such as fire, accident and disaster response, coordinated with the agency running the incident (§108.455(a)). The operator must be under contract to a federal, state, local, tribal or territorial government (§108.455(d)).

Civic interest flights may go over any population density to the extent necessary to safeguard lives under imminent threat (§108.455(f)). Agencies flying their own public aircraft operations would keep using Part 91 and their certificate of authorization (90 FR 38276).

Commercial delivery

Package delivery operators need hazardous materials recognition training every 24 calendar months for anyone handling cargo (§108.440(b)), must brief customers on the delivery method (§108.440(d)), and need a TSA limited security program (§108.440(i)). A permit caps operations at 55-pound aircraft and fewer than 100 active aircraft in Category 3 areas or lower.

Permit holders could not carry anything regulated as a hazardous material, unless operating under the 49 CFR 175.9(b) exceptions (§108.400(d)). Delivering hazmat would need a package delivery certificate whose FAA hazardous materials authorization permits it (§108.570).

Implementation timeline and next steps

The FAA published the Part 108 proposal on August 7, 2025 in Docket FAA-2025-1908. The draft final rule has been under OIRA review since July 10, 2026, and OIRA still listed it as "Pending Review" on October 7, 2026.

Public comment period

Comments closed October 6, 2025, and the FAA denied requests to extend that deadline. It reopened comments from January 28 to February 11, 2026, limited to electronic conspicuity and right-of-way (91 FR 3695). The FAA's reopening notice says it received approximately 3,100 comments, more than half of which discussed right-of-way.

Final rule and effective date

No final rule has been published. Executive Order 14307 asked for a final rule within 240 days of June 6, 2025, which was February 1, 2026. That date has passed, and so has the January 16, 2026 date the FAA's agenda lists as the statutory deadline. The FAA's own Unified Agenda entry targeted July 2026, which has also passed.

The final rule will set its own effective date and any later compliance dates. For transitions, the NPRM says certain operations now flown under waivers or exemptions, "such as agricultural, package delivery, aerial surveying, photography, and flight testing," "would transition to the operations under part 108 when their exemptions expire, and a reasonable transition can occur" (90 FR 38225).

What you can fly today

Until Part 108 takes effect, most civil BVLOS flights need one of three authorizations. A Part 107 waiver of §107.31 is one, and the FAA says BVLOS waivers have been among the most common types it grants (90 FR 38220). Our BVLOS waiver guide covers the application.

A Section 44807 exemption covers relief a waiver cannot give, such as aircraft over 55 pounds. A Section 927 waiver is a newer path for operations that meet FAA eligibility considerations. Public agencies can also fly under a certificate of waiver or authorization.

Preparing for Part 108 compliance

The organizational requirements in the proposal take the longest to build. Start there, and use our Part 108 requirements checklist to track each item.

Personnel development

Pick an operations supervisor and write down how they qualify: training, experience, or expertise (§108.305). For flight coordinators, start logging make-and-model hours now, since 5 hours of supervised experience and 5 hours in the past 12 months are the proposed bar (§108.310). Certification and currency tracking turns that into a report instead of a hunt.

Technology evaluation

Ask your aircraft manufacturer whether it plans to file a declaration of compliance once a final rule exists. No aircraft can hold Part 108 airworthiness acceptance before then, and the made-in eligibility rule in §108.700(b)(1) may affect your current fleet.

Hold off on buying detect-and-avoid hardware against the proposed text. The right-of-way and electronic conspicuity sections are the only ones the FAA reopened for comment, so wait for the final text.

Operational planning

Draft a company operations manual against the §108.135 list. Map your usual operating areas to the five population categories. If you plan to seek a certificate, start a safety management system built on 14 CFR Part 5, with a real hazard log and compliance records behind it.

Frequently Asked Questions

When will Part 108 take effect?

There is no official date. The FAA proposed Part 108 on August 7, 2025, and the draft final rule has been under OIRA review since July 10, 2026. The final rule will set its own effective date. Until then, most civil BVLOS flights need a Part 107 waiver, a Section 44807 exemption, or a Section 927 waiver.

Do I need a Part 107 license to operate under Part 108?

No. The FAA's fact sheet says "neither position would require holding an FAA-issued airman or remote pilot certificate," referring to the operations supervisor and flight coordinator. The operator trains and qualifies them (§§108.305, 108.310, 108.315). Part 107 knowledge still helps, but it is not a requirement. Our Part 108 drone license guide covers exactly what each role needs.

What's the difference between permitted and certificated operations?

Permits cover smaller fleets, lighter aircraft and less populated areas, last 24 months, and cover one operation type each. Certificates have no fleet cap, are required over Category 4 and 5 areas (except civic interest flights to the extent necessary to safeguard lives under imminent threat), can cover several operation types, and require a training program, validation tests and a safety management system.

Will Part 108 eliminate the need for BVLOS waivers?

Not yet, because Part 108 is still a proposal. Once a final rule takes effect, the NPRM would take BVLOS out of Part 107 so new Part 107 BVLOS waivers would no longer be the path. Under the proposal, the FAA could also waive many individual Part 108 requirements, and it notes that "many of the proposed requirements of part 108 are subject to waiver" (90 FR 38220).

Ready for Part 108 Compliance?

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