Part 108 drone rules, explained

Part 108 is the FAA's proposed framework to normalize beyond-visual-line-of-sight (BVLOS) drone flight, letting drones fly past where the pilot can see them under a standing operating framework instead of relying on case-by-case relief. The NPRM addresses delivery, surveying, agriculture, civic-interest operations, aircraft acceptance, personnel, maintenance, and automated traffic-support services. But it is a proposal. Until a final rule takes effect, operators must use the existing FAA approval path for BVLOS, commonly a Part 107 waiver.

Where the rule stands

The timeline below reflects the public rulemaking record checked July 26, 2026.

1. Aug 7, 2025

   FAA and TSA publish the Part 108 NPRM, 'Normalizing UAS Beyond Visual Line of Sight Operations.'

2. Oct 6, 2025

   Initial public comment period closes; heavy feedback on right-of-way, ADS-B Out, electronic conspicuity, and detect-and-avoid.

3. Jan 28, 2026

   FAA reopens the comment period with seven targeted questions on electronic conspicuity and right-of-way.

4. Feb 11, 2026

   Reopened comment period closes; a request to extend it further is denied.

5. As of July 26, 2026

   Rule remains at the NPRM stage. No final rule has been issued. Operators must use the existing FAA approval path for BVLOS.

What Part 108 would change

The proposal moves BVLOS from a case-by-case waiver to a standing, performance-based rule. The headline elements under debate:

• Routine BVLOS at low altitude without a per-flight waiver, on a performance-based standard.

• A framework for third-party services, including UAS Traffic Management (UTM).

• Detect-and-avoid expectations so drones can sense and stay clear of other aircraft.

• Electronic conspicuity and right-of-way rules: the most contested provisions, and the focus of the reopened comment period.

This is an operating system, not a new pilot card

The 180-page NPRM is much broader than permission for one remote pilot to look away from an aircraft. It proposes a connected operator, personnel, aircraft, maintenance, and data-service framework.

Operator authority

A permitted or certificated operator would apply for FAA authority tied to the operation, rather than treating a Part 107 card as the whole approval.

People and supervision

The proposal defines roles such as operations supervisor and flight coordinator, plus knowledge, aircraft-specific training, currency, medical-condition, drug and alcohol, and duty-rest provisions.

Aircraft and maintenance

The aircraft would need the applicable airworthiness acceptance, operating documents, maintenance controls, records, and continued-safety processes described by the proposal.

The flight itself

Area of operations, preflight planning, controlled airspace, operations over people, strategic deconfliction, conformance monitoring, right of way, Remote ID, and multiple-aircraft operations all appear in the proposed rule.

Part 146 services

A companion proposed Part 146 would certify automated data service providers that support strategic deconfliction and other services used by BVLOS operators.

What does not change today

• A Part 107 certificate does not create Part 108 authority.

• The NPRM does not let a pilot begin routine BVLOS while the rule is still proposed.

• Airspace authorization, TFRs, security restrictions, land access, and state or local launch rules remain separate checks.

• The final rule can differ from the NPRM, including the operator, aircraft, right-of-way, and electronic-conspicuity details summarized here.

Rulemaking status checked July 26, 2026; verify at faa.gov/uas. Educational, not legal advice.