Part 108 readiness

Where Part 108 stands in October 2026

The proposed rule was published in the Federal Register on 7 August 2025 (docket FAA-2025-1908), with comments due by 6 October 2025. In January 2026 the FAA reopened comments until 11 February 2026, limited to electronic conspicuity and right of way, after more than half of the roughly 3,100 comments received touched on the right-of-way proposal. A request to extend that reopened period was refused.

As of 20 October 2026 no final Part 108 rule has been published in the Federal Register, so there is no effective date. A TSA notice in September 2026 still refers to its forthcoming final rule, and the FAA and TSA have said they intend to issue separate final rules at the same time. Everything below marked as proposed may change. Check the Federal Register for the current position before you plan around it.

What the proposal would do (proposed, not in force)

The proposal would create two tiers of authorization. A permit would cover lower-risk BVLOS operations with limits on fleet size, aircraft weight and scope, which the FAA says it could issue promptly. An operating certificate would cover higher-risk operations because of aircraft size, weight, speed or fleet size, with closer FAA review and oversight, and would require a safety management system (SMS) and a training program for operations personnel.

Responsibility would sit with the company rather than an individual pilot. Every operator, permitted or certificated, would name an operations supervisor responsible for the overall safety of the operation and use flight coordinators with tactical oversight of individual aircraft. Neither role would need an FAA airman or remote pilot certificate. Other key elements of the proposal:

• Operation types: package delivery, agriculture, aerial surveying, civic interest (including public safety), operations training, flight testing, demonstration and recreation
• Altitude: operations at or below 400 feet above ground level, with limited proposed exceptions such as near structures or to avoid a collision
• Aircraft: unmanned aircraft up to 1,320 pounds including anything carried, accepted as airworthy against industry consensus standards through a manufacturer's declaration of compliance, rather than a traditional airworthiness certificate. Lighting and Remote ID would be required
• Separation services: a new Part 146 would let the FAA approve automated data service providers, such as UAS traffic management, and some operations would need strategic deconfliction and conformance monitoring
• People on the ground: five population density categories based on LandScan USA data, with more mitigations as density rises, and no flights over open-air assemblies
• Right of way: drones would yield to manned aircraft broadcasting via ADS-B Out or an approved alternative electronic conspicuity device, in Class B or C airspace, when taking off from or landing at airports and heliports, and over the densest population category. This is the part reopened for comment
• Security: TSA would require operations supervisors, flight coordinators and others with unescorted access to aircraft, cargo or flight control to hold up to a Level 3 security threat assessment, and package delivery operators to hold a limited TSA security program
• Records and reporting: flight, maintenance, training and operations manual records, plus reports of events such as loss of control or communication and security breaches

How BVLOS works until Part 108 applies

Until a final rule takes effect, BVLOS flying in the US needs an individual FAA approval. Under Part 107 that is usually a Certificate of Waiver from 107.31 (visual line of sight), applied for through the FAA's Aviation Safety Hub with a safety explanation that identifies hazards and mitigations. The FAA disapproves applications that do not.

Where an aircraft is 55 pounds or more, or the operation needs relief from a rule that cannot be waived, the route is a petition for exemption under 49 U.S.C. 44807, filed on the public docket with supporting material such as a concept of operations, operations manual and safety risk analysis, followed by a certificate of waiver or authorization (COA) for the airspace. The FAA lists BVLOS among the complex operations that need a safety risk analysis.

The proposal would remove BVLOS from Part 107 altogether, so that relief would be sought under Part 108 instead. It does not set out in one plain statement what happens to waivers and exemptions already held, so read any final rule carefully for transition arrangements.

Preparing now without overclaiming

The safest preparation is work that pays off under today's waivers and exemptions and would also carry across to Part 108 in some form. Avoid spending that only makes sense if the proposed text survives unchanged.

• Map your operation against the proposal: which operation type it is, whether it looks more like a permit or a certificate, and what population density your routes cross
• Build SMS-style habits: a hazard log, documented mitigations, occurrence reporting and regular review. The FAA already expects hazard analysis in waiver and exemption applications
• Keep complete records of each flight, maintenance, training and your operations manual, so your safety history is evidenced
• Decide who would act as operations supervisor and flight coordinators, and who has access to aircraft, cargo and ground control stations, given the proposed security vetting
• Ask manufacturers how they plan to show compliance with consensus standards, and treat any claim of Part 108 approval for an aircraft with caution while no final rule exists
• Review physical and cybersecurity controls for your sites, networks and data
• Follow docket FAA-2025-1908 and the Federal Register for the final rule

What a consultant does, and what to ask before hiring

A consultant can help you obtain and run BVLOS approvals today, tighten your safety management, records and procedures, and assess what a final Part 108 rule would mean for your operation once it is published. They cannot grant a permit, certificate, waiver or exemption, or promise an outcome: the FAA decides. Operators can compare vetted consultants on DOC, where regulator experience is shown as verified only where it has been evidenced.

• Which BVLOS waivers or Section 44807 exemptions have you supported, and how recently?
• How will you keep our plans separate from proposals that may change in the final rule?
• What would you change now in our safety management, records and operations manual?
• How will you help us assess the final rule when it is published?

Common mistakes

Most problems come from treating a proposal as settled. Watch for these:

• Quoting proposed Part 108 limits to clients or insurers as if they were law
• Pausing BVLOS plans to wait for Part 108 when a waiver or exemption route exists today
• Buying aircraft on the strength of a Part 108 claim before any final acceptance process exists
• Assuming the right-of-way proposal will survive unchanged, when the FAA reopened comments on it
• Overlooking security vetting and access control for staff who can reach aircraft or cargo
• Letting flight and maintenance records slip, which weakens any future application