Status as of June 2026: proposed rule, not in effect
Part 108 is still a notice of proposed rulemaking. It is not the law, and you cannot operate under it. This is a fast-moving topic; confirm the latest status on the Federal Register before relying on anything here.
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 without a one-off waiver. It would unlock routine deliveries, long-range inspections, and agricultural flights. But it is a proposal, working its way through rulemaking. Until a final rule takes effect, BVLOS still requires a Part 107 waiver.
Key facts
- Status (June 2026)
- Proposed rule (NPRM): NOT final, NOT in effect
- What it covers
- Routine beyond-visual-line-of-sight (BVLOS) drone operations
- NPRM published
- August 7, 2025
- Comment period
- Closed Oct 6, 2025; reopened, then closed again Feb 11, 2026
- Flying BVLOS today
- Still requires a Part 107 waiver
- Likely scope
- Low-altitude operations + UAS Traffic Management support services
Where the rule stands
The timeline below reflects the public rulemaking record as of June 2026.
- Aug 7, 2025
FAA and TSA publish the Part 108 NPRM, 'Normalizing UAS Beyond Visual Line of Sight Operations.'
- Oct 6, 2025
Initial public comment period closes; heavy feedback on right-of-way, ADS-B Out, electronic conspicuity, and detect-and-avoid.
- Jan 28, 2026
FAA reopens the comment period with seven targeted questions on electronic conspicuity and right-of-way.
- Feb 11, 2026
Reopened comment period closes; a request to extend it further is denied.
- As of June 2026
Rule remains at the NPRM stage. No final rule has been issued. BVLOS still requires a Part 107 waiver.
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.
Flying BVLOS today
You can still fly beyond visual line of sight now, but only with a waiver of the Part 107 visual-line-of-sight rule, applied for through FAADroneZone. You must show the FAA you can run the operation safely. The waiver path stays in place until and unless Part 108 is finalized.
Related rule
Part 107
The rule in effect today, including the waiver path for BVLOS.
Related rule
Airspace
The line-of-sight and altitude limits Part 108 would build on.
Sources
Rules current as of June 2026; verify at faa.gov/uas. Educational, not legal advice.