Regulations

FAA Part 108: What the BVLOS Rule Proposes, Where It Stands, and What It Means for Part 107 Pilots

Part 108 is the FAA's proposed rule for routine beyond visual line of sight drone flights. It is not in effect yet, and it does not replace your Part 107 certificate.

Jordan Reed·September 24, 2026·8 min read

Key takeaway

Part 108 is still a proposal. Until a final rule is published and takes effect, every commercial drone flight in the US runs under Part 107, and BVLOS still needs a waiver.

FAA Part 108 is the proposed federal rule that would allow routine beyond visual line of sight (BVLOS) drone operations without a waiver. The FAA published it as a proposal on 7 August 2025. As of late September 2026 the final rule is still under White House review and not in effect, so Part 107 still governs every commercial drone flight.

That last point is the one most coverage buries. Search for Part 108 and you will find headlines that read as though it already happened, and forum threads asking whether a Part 107 certificate is now obsolete. It is not. Part 108 is a proposal with a final version pending, and nothing in it can be relied on until the FAA publishes the final text. What follows is what the proposal says, labeled as such, and what it would and would not change for someone studying for, or already holding, a remote pilot certificate.

What is FAA Part 108?

Part 108 is a new part of Title 14 of the Code of Federal Regulations, proposed jointly by the FAA and TSA in a notice of proposed rulemaking titled Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations (90 FR 38212). Congress required it: section 930 of the FAA Reauthorization Act of 2024 directed the FAA to issue a performance-based rule for BVLOS, and Executive Order 14307 of June 2025 told the agency to publish the proposal.

The problem it solves is simple. Under 14 CFR 107.31, you must be able to see your aircraft with unaided vision throughout the flight. Every BVLOS operation today needs an individual waiver or exemption, assessed case by case. The FAA's own preamble describes the goal as moving from "enablement through exemption" to "enablement by rule." Package delivery, long linear inspections of pipelines and power lines, large-acreage agriculture and public safety work are the use cases the FAA names.

Is Part 108 in effect yet? Where the rule stands

No. Here is the timeline, from the Federal Register and the federal review record:

Date	What happened
7 August 2025	NPRM published in the Federal Register
6 October 2025	Original comment period closed; a request to extend it was denied
28 January 2026	Comment period reopened with targeted questions
11 February 2026	Reopened comment period closed
10 July 2026	Final rule (RIN 2120-AL82) received by the White House Office of Information and Regulatory Affairs for review
September 2026	Still pending review; the FAA has said publicly it hopes to publish by the end of 2026

Two things follow from that table. First, the final rule text is not public. Anything you read claiming to describe the final Part 108 is describing the proposal, and the final version can differ. Second, even after publication, a final rule carries an effective date, and several provisions depend on systems that do not exist yet at scale, such as FAA-approved traffic management providers. Publication is the start of implementation, not the end.

What does the Part 108 proposal actually say?

Everything in this section is proposed. It comes from the NPRM, not from a final rule.

Two tiers of authorization. Operators would hold either an operating permit or an operating certificate. Permits are the streamlined route and would cover package delivery, agriculture, aerial surveying, civic interest work, training, flight test, demonstration and recreation, subject to limits on aircraft size and numbers. Higher-risk operations would need a certificate, which brings more FAA oversight, a safety management system and a formal training program, and in return allows larger aircraft, more of them, and more flexibility over people.

No airman certificate. This is the biggest departure. The NPRM states that the FAA "would not require airman certificates." Instead, each operator must designate an operations supervisor, directly responsible for and the final authority on the operation, and qualified flight coordinators who monitor individual aircraft and intervene when needed. Responsibility sits with the company, not an individual certificate holder.

Aircraft up to 1,320 pounds. Aircraft would receive an airworthiness acceptance based on industry consensus standards, rather than FAA type certification, for unmanned aircraft weighing up to 1,320 pounds including payload.

Still 400 feet. Proposed § 108.175 keeps the ceiling at 400 feet AGL, with narrow exceptions: briefly transiting steep terrain in Class G, operating within 400 feet of a structure, or climbing to as high as 450 feet AGL to avoid a collision. The FAA's reasoning is the same buffer Part 107 relies on, since manned aircraft generally operate at 500 feet and above.

Population density categories. Ground risk would be managed through five population density categories, determined from LandScan population data. Each higher category adds mitigations, and Categories 3 through 5 would require strategic deconfliction.

A new Part 146. Services such as UAS traffic management, strategic deconfliction and conformance monitoring would come from automated data service providers regulated under a proposed new Part 146.

How would right-of-way change under Part 108?

This is where the proposal breaks from the rule every Part 107 candidate memorizes. Under 14 CFR 107.37, a small unmanned aircraft yields to every manned aircraft, full stop. The reasoning is covered in our article on right-of-way rules.

Proposed § 108.195 would make a Part 108 aircraft yield to manned aircraft that are broadcasting their position, either with ADS-B Out meeting § 91.227 or with a lower-cost electronic conspicuity device on 978 MHz. It would also yield to aircraft arriving at or departing an airport or heliport, and to manned traffic in Class B or C airspace or over the densest population category. Outside those cases, a Part 108 aircraft would have right-of-way over a manned aircraft that is not broadcasting, and it would have right-of-way in shielded areas close to structures.

That proposal drew heavy objection from general aviation, and right-of-way and electronic conspicuity were the subject of the reopened comment period. It is one of the provisions most likely to look different in the final rule.

Part 108 vs Part 107: what is the difference?

	Part 107 (in effect)	Part 108 (proposed)
Visual line of sight	Required, waivable	Not required
Person-level credential	Remote pilot certificate, via knowledge test	No airman certificate; operations supervisor and flight coordinators
Who holds the authorization	The individual remote pilot	The operator, through a permit or certificate
Aircraft weight	Under 55 pounds	Up to 1,320 pounds, with airworthiness acceptance
Maximum altitude	400 feet AGL, or within 400 feet of a structure	400 feet AGL with similar structure and terrain exceptions
Right-of-way	Yields to all manned aircraft	Yields to broadcasting aircraft and in specific locations
Package delivery	Allowed only within Part 107's limits	Moves to Part 108; the NPRM would remove it from Part 107

The two parts are designed to sit side by side. Part 108 is not a replacement for Part 107. It is a separate framework for operations Part 107 was never built to handle. Your roof inspection, real estate shoot or wedding video stays a Part 107 job.

Is there a Part 108 drone license?

Not in the proposal. "Part 108 drone license" is a common search, and the honest answer is that the NPRM deliberately does not create one. The FAA reasoned that as aircraft become more automated, "the role of the pilot has and will continue to decrease," and that training tied to the specific operation matters more than a general certificate. Operators would train their own personnel in their procedures, and in crew resource management.

Be skeptical of anyone selling a "Part 108 certification" course today. Until the final rule is published, nobody knows its training requirements. Training that builds useful BVLOS knowledge is fine. A credential claiming to satisfy a rule that does not exist yet is not.

What this means when you are actually working

If you fly commercially, nothing about your legal position has changed. Every compensated flight still needs a remote pilot certificate under 14 CFR 107.12, current recurrent training, a registered aircraft and Remote ID compliance. If you need to fly beyond visual line of sight this year, the path is still a waiver of § 107.31 through FAA DroneZone, covered in Part 107 waivers and reporting.

The medium-term picture is worth planning for. Part 108 is aimed at companies running scaled operations, and the people those companies hire to supervise and coordinate flights will need exactly the knowledge the Part 107 test covers: airspace, weather, chart reading, right-of-way and risk management. The NPRM itself notes that operators with Part 107 pilots still had to add operation-specific training on top. The certificate is the floor, not the ceiling.

If you are a candidate, the exam is unaffected. The knowledge test covers Part 107 as it stands. Study for the rule that is in force.

Frequently asked questions

What is the current status of FAA Part 108?

As of late September 2026, Part 108 is not in effect. The FAA published the proposed rule on 7 August 2025, and the final rule went to the White House Office of Information and Regulatory Affairs for review on 10 July 2026. The FAA has said it hopes to publish by the end of 2026, but no final text is public.

What is the difference between Part 107 and Part 108?

Part 107 covers visual line of sight operations of aircraft under 55 pounds, flown by an individual holding a remote pilot certificate. Proposed Part 108 would allow routine beyond visual line of sight operations with aircraft up to 1,320 pounds, authorized to a company through a permit or certificate rather than to an individual pilot.

Will Part 108 replace my Part 107 certificate?

No. The proposal creates Part 108 alongside Part 107, not in place of it. Visual line of sight commercial work such as photography, mapping and inspection would stay under Part 107, and a remote pilot certificate would remain required for it. The one activity the NPRM would remove from Part 107 is package delivery.

Is there a Part 108 drone license or test?

The proposal does not create one. The FAA proposed that Part 108 operations would not require an airman certificate. Instead, operators would designate an operations supervisor and train qualified flight coordinators. Because the final rule is not published, any course claiming to certify you for Part 108 is selling something the regulation does not yet define.

Can I fly beyond visual line of sight now?

Only with FAA approval. Under 14 CFR 107.31 you must keep the aircraft within visual line of sight, and that section is listed as waivable in 14 CFR 107.205. Today the route to BVLOS is a waiver application through FAA DroneZone, or an exemption for larger aircraft, reviewed case by case.

When will Part 108 take effect?

Nobody can say yet. Publication is expected late in 2026 at the earliest, and a final rule sets its own effective date. Several provisions depend on FAA-approved automated data service providers under the proposed Part 146, so practical implementation will likely lag publication.

Part 108 or not, the certificate is still the entry ticket. The free readiness assessment shows where you stand across all five knowledge areas of the test that is actually in force.

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Editorial note: FAA rules and guidance may change. Confirm current operational requirements with official FAA resources before every flight. Updated September 24, 2026.