PART 108 STATUS: as of SEPT. 15, 2026
Final rule in development. Not yet effective.

The FAA published its proposed BVLOS rule in August 2025 and is currently completing the final rulemaking process.

What Changes Would Part 108 Bring?

The proposed Part 108 framework is considerably more extensive than simply allowing pilots to fly farther.

It addresses several components of the drone ecosystem, including:

  1. Operator requirements

  2. Aircraft requirements

  3. BVLOS operating procedures

  4. Detect-and-avoid capabilities

  5. Electronic conspicuity

  6. Airspace integration

  7. UAS Traffic Management

  8. Aircraft design and production

  9. Operational authorization

  10. Training and personnel qualifications

  11. Recordkeeping and reporting

  12. Security requirements

The FAA proposal establishes a new Part 108 containing requirements for BVLOS operations, while proposed Part 146 addresses certain third-party services supporting those operations. 

Does Part 108 Mean Anyone Can Fly a Drone BVLOS?

No.

Part 108 is not simply a blanket permission to fly beyond visual line of sight.

Operators would still have to meet applicable requirements and obtain the appropriate FAA authorization.

Aircraft, operators, personnel, operating environments and supporting systems could all be subject to requirements depending on the type of operation.

The proposed rule establishes FAA authorization through operating permits and operating certificates rather than simply eliminating regulatory oversight.

Operating Permits vs. Operating Certificates

One of the most significant concepts in the proposed rule is that Part 108 operators would generally use one of two authorization pathways:

Operating Permit

The proposed operating-permit pathway is intended for lower-risk BVLOS operations.

It would provide a less rigorous authorization process but would come with operating limitations.

The proposal contemplates limitations involving factors such as:

  • Aircraft size

  • Number of aircraft

  • Operating environment

  • Population density

  • Operational characteristics

Operating Certificate

Higher-risk operations would use an operating certificate.

These operations could involve larger aircraft, more aircraft, or greater operational complexity.

The proposal would place additional responsibilities on certificate holders, including requirements involving a Safety Management System (SMS) and an operational training program.

The basic concept

Lower-risk operation → Operating Permit

Higher-risk/more complex operation → Operating Certificate

The exact requirements will depend on the final rule.

Aircraft Requirements

Part 108 isn't just an operator rule.

The proposal also establishes a framework for determining whether UAS are suitable for certain BVLOS operations.

The proposed framework addresses areas including:

  • Aircraft design

  • Structural integrity

  • Software and hardware functionality

  • Performance

  • Reliability

  • Testing

  • Production

  • FAA acceptance

  • Operational limitations

The proposal contemplates an airworthiness acceptance framework rather than simply applying the traditional manned-aircraft certification system to every UAS.

Proposed Aircraft Weight Categories

The NPRM proposes three weight thresholds that would help establish different levels of operational risk:

  • 55 pounds

  • 110 pounds

  • 1,320 pounds

These thresholds are part of the proposed framework and are not final requirements.

The FAA specifically requested public comment on the proposed weight structure, including whether operations involving aircraft between 110 and 1,320 pounds should be permitted at higher population densities. 

What Happens to BVLOS Operations Today?

Under the current framework, routine BVLOS operations generally require specific FAA authorization.

For Part 107 operators, that has typically meant obtaining a waiver under §107.31, along with satisfying applicable conditions.

The FAA has historically used waivers and exemptions to authorize certain advanced operations on a case-by-case basis.

Part 108 is intended to move toward a more standardized regulatory system.

Current system

Operator → FAA application → individual authorization → BVLOS operation

Proposed Part 108 system

Operator → meet standardized Part 108 requirements → obtain appropriate authorization → BVLOS operation

That distinction is one of the central reasons Part 108 matters.