Part 108 vs Part 107: Complete Comparison Guide for Drone Operators

Part 108 vs Part 107: What's the Difference?

Part 107 is the current rule for commercial drone flights within visual line of sight (VLOS), built around a certificated remote pilot. Part 108 is a proposed rule for beyond visual line of sight (BVLOS) flights, built around an operator holding an FAA permit or certificate. Part 107 stays in place for VLOS work. Part 108 would make routine BVLOS possible without the waivers or exemptions operators rely on today. As of October 7, 2026, Part 108 is still a proposal and is not in effect.

The FAA published its Notice of Proposed Rulemaking for Part 108 in the Federal Register on August 7, 2025 (90 FR 38212). The draft final rule has been under White House review since July 10, 2026, and our Part 108 NPRM status tracker covers where it stands.

If you want the whole rule rather than the comparison, start with our FAA Part 108 explainer.

This comparison uses only official sources: the current eCFR text of Part 107, the proposed Part 108 rule text, and FAA guidance. Section numbers for Part 108 (§108.x) refer to the proposal and can change in the final rule.

Part 108 vs Part 107: quick comparison table

Fundamental difference: VLOS vs BVLOS

The core distinction between Part 107 and Part 108 is whether anyone on the crew has to see the drone.

Part 107: Visual Line of Sight

Under Part 107, the remote pilot in command, the person manipulating the controls and the visual observer, if one is used, must all be able to see the aircraft throughout the flight, without vision-enhancing devices other than corrective lenses (§107.31(a)). This means:

• That ability must be exercised throughout the flight by either the remote pilot in command and the person at the controls, or a visual observer (§107.31(b)). FAA guidance allows brief moments of looking away, such as checking the controller or scanning the airspace, as long as the person can still see the drone or quickly bring it back into view (AC 107-2A, section 5.9)
• Operations are limited to the range where you can maintain visual contact
• BVLOS requires a waiver of §107.31, and the FAA aims to decide waiver requests within 90 days
• Larger or more complex BVLOS operations rely on exemptions instead

Part 108: Beyond Visual Line of Sight

Part 108 would create a standing framework for BVLOS. The proposed rule would enable:

• Routine BVLOS flights under an operating permit or certificate
• Aircraft that fly themselves, with "simplified user interaction" and no need for manual flight control (§108.810)
• Defined operation types, such as package delivery, agriculture, aerial surveying and civic interest
• Safety through population density limits, strategic deconfliction and, in some areas, detect and avoid

The FAA itself describes today's system of waivers and exemptions as a "patchwork" (90 FR 38219). Part 108 is its proposed replacement for BVLOS work.

Pilot certification vs organizational responsibility

The way accountability works differs sharply between the two frameworks.

Part 107: Individual pilot responsibility

Part 107 centers on the individual remote pilot in command:

• Pilots must hold a Remote Pilot Certificate with a small UAS rating
• Must be at least 16 years old (§107.61)
• Must pass the initial aeronautical knowledge test, or, for current Part 61 pilots, complete online training (§107.61(d))
• The remote pilot in command is the final authority for the operation (§107.19)
• Knowledge recency every 24 calendar months through one of three routes: an initial knowledge test, recurrent training, or training for eligible Part 61 pilots (§107.65)

Part 108: Corporate responsibility model

Part 108 would shift to an operator accountability model:

• No airman certificate for crew. The FAA "anticipates that both permitted and certificated operations could be safely conducted without an airman certificate" (90 FR 38252)
• The operator trains and qualifies its own staff (§108.315)
• The operations supervisor has final authority for safe operation (§108.120(d))
• Two named roles: operations supervisor and flight coordinator
• Records of each person's qualifications kept by the operator (§108.40(b))

That puts the burden of proof on the company. Whoever is flying, the operator must be able to show the FAA who was qualified, how, and when.

Aircraft weight and specifications

The two regulations accommodate very different aircraft sizes.

Part 107 aircraft limits

• Less than 55 pounds at takeoff, including everything on board (§107.3)
• Every drone flown under Part 107 must be registered, whatever its weight
• Remote ID required for operators since September 16, 2023 (§89.105)
• No general airworthiness certificate requirement. Flying over people adds aircraft requirements by category: Category 1 aircraft weigh 0.55 lb or less with no exposed rotating parts that would lacerate skin, Categories 2 and 3 need an aircraft listed on an FAA-accepted declaration of compliance, and Category 4 needs an airworthiness certificate (§§107.110 to 107.140)

Part 108 aircraft limits

The proposal sets three weight limits "depending on the type of operation" (90 FR 38270), under an overall cap of 1,320 pounds (§108.805):

The 1,320-pound limit suits large spray drones and test aircraft. Package delivery stays at 55 pounds under a permit and 110 pounds under a certificate. The FAA bases the 1,320-pound maximum on the BVLOS Aviation Rulemaking Committee's recommendations and JARUS kinetic-energy limits (90 FR 38270).

Unless the FAA authorizes otherwise, every Part 108 aircraft would also be capped at a 25-foot span and 87 knots ground speed (§108.805). Instead of an airworthiness certificate, the manufacturer would declare compliance with FAA-accepted consensus standards, and FAA acceptance of that declaration is the airworthiness acceptance (§108.715).

Airspace access and authorization

Both regulations govern how drones use the national airspace system, but the mechanics differ.

Part 107 airspace rules

• Class G (uncontrolled) airspace: no ATC authorization required
• Class B, C and D airspace, and the surface area of Class E airspace designated for an airport: ATC authorization required, through LAANC or FAADroneZone (§107.41)
• Maximum altitude 400 feet AGL. Higher only within 400 feet of a structure, and no more than 400 feet above its top (§107.51(b))
• Temporary flight restrictions apply (§107.47)
• Near any airport, you must not interfere with traffic (§107.43)

Part 108 airspace access

• Flights at or below 400 feet in Class B, C and D airspace, and the Class E surface area at an airport, using strategic deconfliction and conformance monitoring from an FAA-certificated data provider (§108.180(a))
• In Class B or C airspace, the aircraft must also detect and avoid aircraft that are not broadcasting their position (§108.180(b))
• Separate authorization in airspace the FAA designates for it (§108.180(c)-(d))
• FAA approval needed for every operating area (§108.165)
• Strategic deconfliction required over Category 3 areas and above (§108.185(d)(3))

Automated data service providers (ADSPs) are new entities under a proposed Part 146. They would provide strategic deconfliction and conformance monitoring (§108.190(e)). The FAA's BVLOS fact sheet notes that an operator "could be its own data service provider or contract with another company."

Technology requirements

Part 108 introduces technology requirements that do not exist under Part 107.

Part 107 technology

Part 107 imposes few equipment requirements:

• Anti-collision lights visible for 3 statute miles for night and civil twilight operations (§107.29)
• Remote ID broadcast, through a built-in system or a broadcast module (Part 89)
• No onboard detect-and-avoid requirement
• No general airworthiness certificate requirement. Flying over people adds the category-specific aircraft requirements listed above (§§107.110 to 107.140)

Part 108 technology mandates

Detect and avoid (DAA)

• Every Part 108 aircraft must be able to avoid the aircraft it would have to yield to: airport and heliport traffic, and aircraft broadcasting ADS-B Out or qualifying electronic conspicuity, except in shielded areas (§108.195; §108.825)
• In Category 5 areas and in Class B or C airspace, it must also detect aircraft that do not broadcast (§108.185(d)(5)(ii); §108.180(b))
• The proposal does not mandate a specific sensor technology
• Strategic deconfliction during flight planning is a separate requirement (§108.190)

Communication and control

• Lost-link procedures for each operating area (§108.165)
• A safe preset action when the command and control link is lost (§108.815(b))
• Over Category 2 areas and above, no control link using unlicensed Part 15 radio devices (§108.185(d)(2))

Conformance monitoring and recording

• In controlled airspace, conformance monitoring that alerts the crew, other airspace users and the FAA when the aircraft exits its operational intent (§108.190(b), (d))
• Standard Remote ID built into the aircraft, plus a BVLOS status, a no-flight-coordinator status where that applies, and the takeoff location (§108.200(a)(3))
• A flight data recorder on every aircraft (§108.900)

Approval process and waivers

The approval pathway differs completely between the regulations.

Part 107 waiver process

Under Part 107, operations outside the standard rules need a waiver under §107.205:

• BVLOS: waiver of §107.31 required
• Flying over people who are not participating, and not under a covered structure or in a stationary vehicle that gives reasonable protection from a falling drone, outside Categories 1 to 4: waiver required (§107.39)
• Night operations: no waiver needed since April 21, 2021, with lighting and updated training
• The FAA aims to decide within 90 days (Part 107 waivers page)
• Each request is evaluated case by case

Part 108 two-tier authorization

Part 108 would replace BVLOS waivers with two standing authorizations.

Operating permits (lower risk)

• Valid 24 months; renewal can be requested up to 120 days before expiry (§108.410)
• 8 permit types: package delivery, agriculture, aerial surveying, civic interest, training, demonstration, flight test, recreation (§108.400(a))
• One permit per operation type, except flight test (§108.400(e))
• Fleet caps: fewer than 100 active aircraft for delivery, 50 for demonstrations, 25 for surveying and civic interest, and 10 for agriculture and training. One for recreation
• Limited to Category 3 areas or lower, with tighter limits for some types and a civic interest exception to the extent necessary to safeguard lives under imminent threat (§108.455(f))

Operating certificates (higher risk)

• 4 certificate types: package delivery, agriculture, aerial surveying, civic interest (§108.500(a))
• No fleet cap; one certificate can cover several types (§108.515(d))
• Required to fly over Category 4 or 5 areas (unless the FAA authorizes otherwise, or a civic interest flight goes over them to the extent necessary to safeguard lives under imminent threat), to deliver with a combined aircraft-plus-payload weight over 55 pounds, or to go past permit fleet or weight limits
• Safety management system under 14 CFR Part 5 (§108.560)
• Training program, validation tests, and communication and ground risk assessments (§§108.540 to 108.550)

Personnel roles under Part 108

Part 108 introduces personnel positions that do not exist under Part 107.

Operations Supervisor

• Responsible for the overall safety of the operation, with final authority (§108.120(d))
• Qualified through training, experience, or expertise (§108.305)
• Not certificated by the FAA
• The FAA must be told within 10 days when the supervisor changes (§108.305(b))
• Not required for recreational permits (§108.475(f))

Flight Coordinator

• Monitors the flight and can send commands or start emergency actions (§108.5)
• Designated before each flight when the manufacturer's instructions require one (§108.310(a))
• One aircraft per coordinator by default; more only with an FAA-accepted method, within the maker's limit (§108.210)
• At least 5 hours of supervised experience on the same make and model (§108.310(e)), except under a recreational permit (§108.475(f)(2))
• Currency: 5 hours on that make and model in the preceding 12 calendar months (§108.310(f)), also not required under a recreational permit, tracked in your flight logs

Supporting Personnel and security

• Other roles, such as maintenance or loading staff, set by the operator (§108.300)
• A TSA security threat assessment for covered persons: operations supervisors, flight coordinators, anyone with unescorted access to the aircraft or its cargo, and anyone with access to its controls or flight path (§108.335)

Population density categories

Part 108 sorts operating areas into five categories using Oak Ridge National Laboratory's LandScan USA data as of August 1 each year, with day or night data as appropriate. Requirements follow the highest category an operation flies over, and each category excludes areas that qualify for a higher one (§108.185(c)).

From Category 2 up, each category adds to the requirements below it, except that the Category 1 rule to stay 50 feet from non-participating people does not carry over (90 FR 38240). No Part 108 flight may pass over an open-air assembly of people without FAA authorization.

What happens to Part 107

Part 108 would not replace Part 107. Proposed §108.1(b)(1) says Part 108 does not apply to operations conducted under Part 107. But the proposal does change Part 107.

Part 107 remains for

• Visual line of sight commercial operations
• Standard drone photography and videography
• Real estate and construction documentation
• Agricultural monitoring within VLOS
• Most commercial work within visual line of sight, except carrying property for pay

Changes to Part 107

The Part 108 NPRM proposes these changes to Part 107:

1. BVLOS removed. Part 107 would no longer cover BVLOS flights, and §107.31 BVLOS waivers would end. The FAA's reasoning: "it no longer makes sense to provide waivers to the part 107 rules for this type of activity" (90 FR 38319)
2. Carrying property for pay removed. Part 107 would no longer cover carrying any property or packages for compensation or hire (90 FR 38319)
3. Airspace waiver removed. The §107.205 waiver for §107.41 airspace would be deleted (90 FR 38319)
4. Easier controlled airspace access. At or below 400 feet, Part 107 flights in Class B, C, D and airport-surface Class E airspace would need prior authorization only where the FAA designates it, the same access Part 108 would get (90 FR 38318)

For current BVLOS waiver holders, the FAA expects operations to move to Part 108 "when their exemptions expire, and a reasonable transition can occur" (90 FR 38225). The final rule will set the details.

Which regulation applies to you

Here is how to tell which framework you would operate under.

Stay with Part 107 if

• All operations remain within visual line of sight
• You do not need to fly beyond what you or a visual observer can see
• Single aircraft operations suit your business model
• Your current Part 107 certification meets your needs
• You do not carry property for pay

Pursue Part 108 if

• You need routine BVLOS capabilities
• Your business needs scale, such as delivery or linear infrastructure inspection
• You plan to run multiple aircraft per coordinator
• You run agricultural spraying or seeding beyond VLOS
• You inspect power lines, pipelines or railroads. Within 50 feet of those assets, the proposal's shielded-area rule can apply, but only with the owner's permission and only where no crewed aircraft are expected to operate (§108.205)

You may need both

Many operators would keep Part 107 certification while adding a Part 108 permit or certificate:

• Part 107 for standard VLOS commercial work
• Part 108 for BVLOS operations
• Flexibility to match the rule to the mission

Timeline and transition

Here is the official record so far.

Key dates

Status comes from OIRA's public list of rules under review. The statute words the final-rule deadline as 16 months after the proposal's publication, which would be December 7, 2026.

Until a final rule takes effect, most civil BVLOS flights need a §107.31 waiver, a Section 44807 exemption, or a Section 927 waiver.

Preparing for Part 108

You can prepare now without betting on details that may change.

Assess your operations

1. Identify which operations need BVLOS
2. Match each one to a Part 108 operation type and check its permit limits
3. Ask your aircraft manufacturer whether it plans to seek Part 108 airworthiness acceptance
4. Map your usual operating areas to the population density categories

Personnel preparation

1. Identify operations supervisor candidates and document how they qualify
2. Start logging flight coordinator hours by make and model
3. Set up qualification tracking
4. List who would count as a covered person for TSA security threat assessments

Technology evaluation

1. Hold off on detect-and-avoid purchases; the right-of-way rules are the only topic the FAA reopened for comment (91 FR 3695)
2. Check whether your control links use unlicensed radios, which the proposal bars over Category 2 areas and above
3. Plan for strategic deconfliction and conformance monitoring from a certificated data provider
4. Review your fleet management records against the proposed §108.40 list and our Part 108 requirements checklist

Documentation readiness

1. Draft a company operations manual against the §108.135 list
2. If you plan to seek a certificate, build a safety management system on 14 CFR Part 5
3. Create training records for each role
4. Plan maintenance procedures that follow manufacturer instructions

Frequently asked questions

Do I need Part 107 to operate under Part 108?

No. Part 108 has no pilot certificate and no Part 108 rating. The operator trains and qualifies its own staff and keeps their records (§§108.315, 108.40). Part 107 knowledge is still useful, and you will still need a Remote Pilot Certificate for any VLOS work under Part 107.

Can I still get BVLOS waivers under Part 107?

Yes, today. Part 108 is not in effect, so a §107.31 waiver, a Section 44807 exemption or a Section 927 waiver are the current paths. If the final rule matches the proposal, new Part 107 BVLOS waivers would end once Part 108 takes effect.

What happens to my current Part 107 BVLOS waiver?

The NPRM says operations under waivers or exemptions "would transition to the operations under part 108 when their exemptions expire, and a reasonable transition can occur" (90 FR 38225). It sets no specific transition date. The final rule will decide that, so keep your waiver current.

Will Part 108 cost more to comply with?

The proposal adds requirements that Part 107 does not have:

• Aircraft with FAA airworthiness acceptance (except under a flight test permit) and a flight data recorder
• Training programs for new personnel roles
• A company operations manual
• Strategic deconfliction and conformance monitoring from a certificated data provider
• TSA security threat assessments for covered persons

The FAA's own regulatory impact analysis notes that many of these requirements mirror conditions already placed on today's BVLOS waivers and exemptions (90 FR 38350).

When will Part 108 take effect?

There is no official date. Executive Order 14307 set a 240-day target that passed on February 1, 2026. The final rule went to OIRA for review on July 10, 2026, and the final rule itself will set the effective date.

Can I operate recreationally under Part 108?

Yes, under the proposal. Recreation is one of the eight permit types. A recreational permit allows one active aircraft up to 55 pounds, in Category 3 areas or lower, within 10 nautical miles of the flight coordinator (§108.475).

What aircraft can I use under Part 108?

Outside flight test permits, aircraft must have airworthiness acceptance (§108.105(b)). Under proposed §108.700(b)(1), a UAS is eligible only if it is manufactured in the U.S. or in a country with a bilateral airworthiness or aviation safety agreement addressing UAS, or an equivalent agreement. The final rule may change this.

How do I choose between permitted and certificated operations?

• Permitted operations: smaller fleets, lighter aircraft, Category 3 areas or lower, 24-month validity, one operation type per permit
• Certificated operations: no fleet cap, required over Category 4 and 5 areas except civic interest flights to the extent necessary to safeguard lives under imminent threat, several operation types per certificate, safety management system required

Your choice depends on aircraft weight, fleet size, operating area and operation type. Our permitted operations guide covers each type.

Next steps

Part 107 remains the rule for visual line of sight work. Part 108, once final, would open routine BVLOS operations under an operator-level permit or certificate.

Start preparing now by:

1. Understanding your Part 107 foundation
2. Checking what Part 108 requires of your crew
3. Evaluating your operational needs against both frameworks
4. Building personnel qualification and documentation records

DroneBundle helps operators keep the records both rules depend on: flight planning, personnel qualifications and compliance tracking.

Start your free trial today to begin building your Part 108 readiness.

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Last updated: October 7, 2026. This guide reflects the FAA Part 108 NPRM published August 7, 2025 and the January 2026 reopening notice. No final rule has been published. Requirements may change in the final rule.

Disclaimer: This guide provides general information about FAA drone regulations. Consult with an aviation attorney for specific compliance advice.

Sources and references

• Federal Register: Normalizing UAS BVLOS Operations (NPRM)
• FAA Part 108 NPRM, pre-publication PDF
• FAA BVLOS fact sheet
• 14 CFR Part 107: Small Unmanned Aircraft Systems
• FAA: Certificated Remote Pilots including Commercial Operators
• FAA Remote ID Information
• FAA Part 107 Waivers
• OIRA rules under review (reginfo.gov)