Part 108 at mid-year: still a proposed rule, but the industry is building ahead of it
The FAA's BVLOS framework remains at the NPRM stage as of July 2026, while delivery networks and utility programs scale as if it is coming.
By Joel Kelly
Decision brief
BVLOS without a waiver is still off the table under Part 107. Pilots can prepare by improving documentation, detect-and-avoid planning, airspace fluency, and waiver experience.
Halfway through 2026, the FAA's Part 108 rule, the framework that would normalize beyond-visual-line-of-sight (BVLOS) drone flight without individual waivers, is still a proposed rule rather than law. The NPRM was published August 7, 2025, a reopened comment period on electronic conspicuity and right-of-way closed February 11, 2026, and no final rule has been issued. Until that changes, BVLOS flight still requires a Part 107 waiver.
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What is notable is how much of the industry is now operating as if finalization is a matter of when, not if. June coverage shows utility and energy inspection programs scaling ahead of the rule. A Dallas-area demonstration in which Flytrex and Wing delivery drones shared airspace under UTM coordination also drew FAA attention as a proof point for the kind of traffic-management coexistence Part 108 assumes.
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For working Part 107 pilots, the practical takeaway hasn't changed: BVLOS without a waiver is still off the table, and the certificate you already hold remains the credential that matters. If your work is heading toward inspections, delivery, or agriculture at scale, the smart preparation is operational (documentation habits, airspace fluency, waiver experience) rather than waiting on a new checkride to appear.
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