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 October 18, 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. Jul 10, 2026

   OIRA receives the FAA's final rule, RIN 2120-AL82, for Executive Order 12866 review. The record lists it as not economically significant, with a statutory deadline: the 2024 FAA reauthorization set January 16, 2026 for a final rule, which has passed. The nominal 90-day review window runs to October 8, extendable once by 30 days.

6. Aug 27, 2026

   FAA opens BEYOND Phase 2 to add up to eight government-led test teams. The program can inform future rules but does not grant automatic BVLOS authority.

7. Sep 4, 2026

   TSA publishes a Federal Register notice soliciting BVLOS operators for closed technical roundtables on its Part 108 security-program requirements, to be held after the FAA and TSA final rules publish. Requests to participate are due October 19.

8. Sep 11, 2026

   At Commercial UAV Expo, the FAA's Emerging Technologies Division says it hopes to see the rule published by the end of the calendar year (reported by Commercial UAV News).

9. Oct 8, 2026

   Day 90, the end of the nominal review window. OIRA logs two EO 12866 meetings on the rule that day. It remains Pending Review.

10. As of Oct 18, 2026

    Final rule still Pending Review at OIRA, day 100. No rule text is public. 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 October 18, 2026; verify at faa.gov/uas. Educational, not legal advice.