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.
Detect and Avoid
One of the biggest technical issues associated with BVLOS is straightforward:
If the pilot cannot see the aircraft, how does the system avoid other aircraft?
Part 108 therefore places significant emphasis on Detect and Avoid (DAA) capabilities.
Depending on the operation, systems may need to detect other aircraft and take appropriate action to maintain safe separation.
The FAA proposal addresses interactions with aircraft using technologies such as ADS-B Out and other electronic-conspicuity systems, while also considering aircraft that do not electronically broadcast their position.
Electronic Conspicuity
Electronic conspicuity is another major component of the proposed BVLOS framework.
In simple terms, electronic conspicuity allows aircraft to electronically communicate information that can help other aircraft and systems understand where they are operating.
The FAA subsequently reopened the Part 108 comment period specifically to obtain additional input regarding electronic conspicuity and right-of-way.
This is an area where the final rule could differ from the original proposal.
Right-of-Way Rules
Traditional aviation right-of-way rules were developed around the assumption that pilots can visually observe other aircraft.
BVLOS operations create a different environment.
The FAA proposal therefore addresses how unmanned aircraft would interact with other aircraft, including aircraft equipped with electronic conspicuity technology.
The proposal generally contemplates BVLOS UAS detecting and yielding to certain aircraft that electronically broadcast their position, while also establishing specific provisions for airports, heliports and shielded areas.
Because this subject generated additional public comment, the final Part 108 rules should be checked before relying on any specific right-of-way requirement.
UAS Traffic Management — UTM
Part 108 also connects to a broader FAA effort known as UAS Traffic Management, or UTM.
UTM is intended to provide systems and services that help coordinate drone operations, including:
Flight planning
Flight authorization
Surveillance
Strategic deconfliction
Conflict management
Data exchange
UTM is particularly important as the number of BVLOS operations increases.
The FAA describes UTM as a collaborative ecosystem designed to help safely manage drone operations at low altitudes and specifically identifies BVLOS as an important use case.
What Is Strategic Deconfliction?
Imagine several drone companies operating BVLOS missions in the same geographic area.
Simply knowing where one drone is right now isn't necessarily enough.
Operators need systems capable of helping determine:
Where will each aircraft be operating, and could their planned operations conflict?
Strategic deconfliction is intended to help coordinate operations before conflicts occur.
This becomes increasingly important for high-volume operations such as:
Drone delivery
Infrastructure inspection
Large-area mapping
Agriculture
Public safety
Energy inspection
The FAA's UTM work specifically addresses the challenge of overlapping BVLOS operations.