Part 108 BVLOS Explained: Where the Rule Stands in 2026
Part 108 is the FAA's proposed framework to make Beyond Visual Line of Sight (BVLOS) drone operations routine instead of case-by-case waiver work. As of August 2026, the final rule is sitting at OIRA review after being filed on July 10, 2026 — publication is realistically late 2026 or early 2027, with a further 6–12 month transition after that. Here's what the rule actually proposes and what small operators should plan around.
Where the rule actually stands (as of Aug 2026)
- NPRM published: August 7, 2025 (docket FAA-2025-1908), jointly with TSA.
- Initial comment period: closed October 6, 2025. Approximately 3,100 comments received.
- Comments reopened on right-of-way and electronic conspicuity: January 28, 2026 → February 11, 2026 (limited window on the two most contested proposals).
- Filed with OIRA (Office of Information and Regulatory Affairs): July 10, 2026 — the last significant procedural step before Federal Register publication.
- OIRA review window: up to 90 days for significant rules.
- Realistic publication: late 2026 or early 2027.
- Implementation transition: typically 6–12 months after publication before requirements take effect.
What Part 108 actually proposes
Two approval tiers
- Permitted Operations — a standardized permission for lower-risk BVLOS operations meeting defined criteria. Faster and simpler than case-by-case waivers, but limited to specific mission types.
- Operational Certificate — a certification for organizations conducting more complex BVLOS operations. Requires demonstrated organizational safety management, trained personnel, and detect-and-avoid systems meeting performance standards.
Five risk categories
Operations classified by population density of the overflight area (from remote/unpopulated through dense urban), with progressively more demanding equipment and personnel requirements at higher-risk categories. Not the same as the operations-over-people categories under Part 107 — a different framework.
New personnel roles
Part 108 introduces two new position categories:
- Operations Supervisor — organizational oversight role responsible for the safety management system supporting the operation.
- Flight Coordinator — real-time coordination role for BVLOS missions, potentially managing multiple aircraft or complex operational geographies.
Aircraft acceptance
Part 108 includes a simplified airworthiness acceptance process for aircraft used in BVLOS operations — an intermediate step between the fully certificated aircraft required for traditional certificated operations and the manufacturer-declaration approach used under Part 107 categories 2–3.
Detect-and-avoid (DAA) requirements
Mandatory integration of active detect-and-avoid technology — onboard sensor suites (radar, optical, acoustic), ground-based radar networks, or hybrid systems that meet Minimum Operational Performance Standards (MOPS). This is the most demanding technical requirement and the one that drives the cost floor for Part 108-compliant operations.
Right-of-way and electronic conspicuity
The two most-contested elements of the proposal, which is why the limited comment window was reopened in early 2026. Right-of-way rules govern how BVLOS drone operations interact with manned aircraft in shared airspace; electronic conspicuity requires drones to broadcast their position on standard aviation systems (ADS-B or equivalent). Final rule content on these two elements is uncertain until publication.
Who Part 108 is actually for
Part 108 is designed for organizational BVLOS operators — infrastructure inspection at scale (pipelines, transmission lines, rail corridors), long-range delivery, precision agriculture over large fields, and public safety with defined operational geography. Small solo operators doing photography, real estate, and short-range inspection under Part 107 are largely unaffected by Part 108 — their operations remain within visual line of sight and continue under Part 107.
What small operators should do now
- Continue operating under Part 107. The base rule and existing waiver process cover essentially all small-operator work in the near term.
- Track the rule's actual publication. When the final rule appears in the Federal Register, review the specific detect-and-avoid, personnel, and operational geography requirements — some may create opportunities for organizational operators to expand offerings.
- Don't over-invest in Part 108-ready hardware before the final rule. Detect-and-avoid technology is expensive and specific requirements aren't final. Wait for the rule.
- Continue tracking BVLOS waivers as a bridge. Existing 107.31 waivers remain valid and remain the only legal path for BVLOS in the near term.
Related
See Part 107 waivers explained for the current BVLOS approval path, Remote ID explained for the base electronic identification requirement, and the drone business guide for the broader commercial framework.
Bottom line
Part 108 is real and closer than it's ever been — but as of August 2026, it's at OIRA review, not published as a final rule. Realistic publication is late 2026 or early 2027 with a further 6–12 month transition. Small operators should continue under Part 107 for the near term. Organizational BVLOS operators should track the rule closely; it will reshape how routine BVLOS operations get approved, potentially opening real opportunities for well-organized operators to run inspection, delivery, and long-range work at scale that isn't currently practical under one-off waivers.
External Remote ID broadcast module (base compliance)
Not a Part 108 solution but the baseline broadcast requirement for all US drone operations regardless of rule. FAA-declared modules from manufacturers with signed declarations of compliance. Required infrastructure regardless of what Part 108 eventually specifies.
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Prices and availability vary — verify on the retailer's page.
Drone flight-log recorder / data logger
Independent flight-data recorder — useful for organizational operations preparing for Part 108 documentation requirements. Records position, altitude, velocity, and control inputs independent of aircraft systems for post-flight review and safety-management-system documentation.
Prices and availability vary — verify on the retailer's page.
Frequently Asked Questions
Is Part 108 in effect yet?
No. As of August 2026, Part 108 is at OIRA review after being filed on July 10, 2026. Publication in the Federal Register is realistically late 2026 or early 2027, with a 6–12 month transition period after that before requirements take effect.
Will Part 108 replace Part 107?
No. Part 108 covers BVLOS operations specifically; Part 107 continues to govern visual-line-of-sight small drone operations. The two rules run in parallel. Small operators doing photography, real estate, and short-range inspection remain under Part 107 indefinitely.
Do I need to prepare now for Part 108?
Only if you're an organizational operator planning BVLOS operations at scale. Small solo operators under Part 107 don't need to prepare — the rule isn't targeted at their operations. Organizational operators should build safety management systems, document operational geographies, and evaluate detect-and-avoid technology options.
Can I fly BVLOS legally right now under Part 107?
Only with a 107.31 waiver from the FAA. Waivers are granted for specific missions with documented detect-and-avoid mitigations. Processing time is weeks to months. Part 108 is intended to standardize this process but isn't yet in effect.
What is the detect-and-avoid requirement in Part 108?
Part 108 requires operators to integrate active detect-and-avoid technology — onboard sensors (radar, optical, acoustic), ground-based radar networks, or hybrid systems — that meet FAA-defined performance standards. This is the most demanding technical requirement and sets the cost floor for Part 108 operations.
What happened with the right-of-way rules in Part 108?
The right-of-way proposals were the most contested element of the NPRM. The FAA reopened comments on right-of-way and electronic conspicuity from January 28 through February 11, 2026 — a limited window specifically for those issues. The final rule content on right-of-way won't be known until publication.