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DevelopingPolicyRule watch3 min read

The FAA now says it hopes to publish Part 108 by the end of the year. The rule is on day 64 at OIRA.

Robert Reckert, acting manager of the FAA's Emerging Technologies Division, told the closing keynote at Commercial UAV Expo that the agency is very confident in the rule and hoping to see it published by the end of the calendar year, Commercial UAV News reported September 11.

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Pilot launching a drone from an open field, the kind of routine operation Part 108 is meant to standardize beyond line of sight
Pilot launching a drone from an open field, the kind of routine operation Part 108 is meant to standardize beyond line of sight.

Decision brief

This is the first public FAA timing statement since the final rule reached the White House on July 10, and it is a hope, not a date. Read it against the OIRA clock: the nominal 90 days runs to October 8, a single 30-day extension to November 7, and 'end of the calendar year' implies the FAA expects to use most of that. TSA's roundtable notice and the FAA's remark now point the same way. Plan for a rule text in the fourth quarter, keep waivers current, and do not size a program to a permit tier until you have read the published text.

FAA's stated hope
End of 2026

Robert Reckert, Commercial UAV Expo closing keynote, per Commercial UAV News

OIRA status
Day 64

Received July 10, Pending Review as of September 12

Review clock
Oct. 8 / Nov. 7

Nominal 90 days, then one 30-day extension

What was said

A hope for publication by December, on the record at the industry's largest show.

Speaking at the closing keynote of Commercial UAV Expo in Las Vegas, Robert Reckert, Acting Division Manager of the FAA's Emerging Technologies Division in the Flight Standards Office, gave the agency's first public timing signal on Part 108 since the final rule left the building. Commercial UAV News quotes him: "We are very confident that we believe we have the right rule moving forward, and we are hoping that we'll see that rule published by the end of the calendar year." The report, by Juan Plaza on September 11, places the remark in a session on harmonizing beyond-visual-line-of-sight rules with ICAO's framework, where the FAA also spoke to detect-and-avoid performance as the piece that global standards still need.

Where the rule sits

Still at OIRA, with two agencies now talking as if publication is near.

Where the rule sits has not changed. The Office of Information and Regulatory Affairs lists RIN 2120-AL82, Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations, as received July 10, 2026 and Pending Review, checked again on September 12. That is day 64. Executive Order 12866 gives OIRA 90 days, which runs to October 8, extendable once by 30 days to November 7. There is no statutory deadline. An FAA hope for publication by December is consistent with a review that uses the full window and a signing and publication cycle after it.

Two signals now point the same direction without either being a date. TSA's September 4 Federal Register notice solicits operators for closed security roundtables to be held after the FAA and TSA final rules publish, and speaks of the forthcoming TSA final rule. The FAA's remark adds the calendar. What would publish is the framework the 2025 proposal described: standardized authorizations for routine BVLOS in place of case-by-case waivers, a permit tier and an operating-certificate tier, population-based risk categories, and the detect-and-avoid and electronic-conspicuity requirements the FAA reopened for comment in January. The final text can differ from the proposal, and no one outside the agencies has read it.

What to do

Renew what you hold, ask TSA for a seat, wait for the text.

The operating posture is the same as in July, with a tighter horizon. Waivers and exemptions in hand stay valid and should be renewed on schedule. Operators that expect to seek a Part 108 permit or certificate have until October 19 to ask TSA for a roundtable seat. Programs designed around a permit tier that does not yet exist remain a bet on content as well as timing. This desk will update the OIRA record the day it changes.

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