FAA Part 108: What Drone Operators Need to Know

On August 5, 2025, the FAA released a 700-page proposed rule.

Part 108—the long-awaited Beyond Visual Line of Sight (BVLOS) rule—establishes a framework for routine operations beyond visual range. The proposed rule is public. The final version is targeted for March 2026, with implementation likely by late 2026 or early 2027.

This is the most significant development in commercial drone regulation since Part 107 launched in 2016. It will change how drones operate in American airspace.

Some operators will benefit significantly. Others will face substantial adaptation requirements.

Here's what you need to understand.

What Is BVLOS and Why Does It Matter?

Under current Part 107 rules, you have to keep your drone within visual line of sight. That means you (or a visual observer) must be able to see the aircraft at all times with unaided vision.

This single requirement has been the primary constraint on commercial drone operations. It limits:

Range: Most operations stay within a few hundred meters
Scale: You need a pilot (or observer) for every drone in the air
Use cases: Long-distance inspection, delivery, and surveillance are restricted

To fly beyond visual line of sight today, you need a waiver. Waivers are approved case-by-case, the process takes months, and approval isn't guaranteed.

Part 108 changes the approach.

Instead of waivers, there will be a standardized framework. Instead of case-by-case approvals, there will be categories and permits. Instead of individual flight approvals, operators will be able to build scalable businesses.

This is how drone delivery becomes practical at scale. This is how infrastructure inspection scales. This is how agriculture monitoring covers entire regions instead of single fields.

The Two-Tier System: Permits vs. Certificates

Part 108 creates two pathways to BVLOS operations:

Permitted Operations (Lower Risk)

Simplified approval process
Smaller scale missions
Lower population density areas
Examples: agricultural surveys, rural infrastructure inspection, training flights

Operational Certificates (Higher Risk)

More rigorous approval process
Large-scale operations
Urban environments and delivery networks
Examples: Amazon Prime Air, Zipline, Wing

The FAA will categorize operations into five risk levels based on population density and operational complexity. Higher risk means more requirements—but also more capability.

The Structural Shift: From Pilot to Company

Here's the change that will affect traditional drone operators:

Part 107 puts responsibility on the individual pilot.

Part 108 puts responsibility on the company.

Under the proposed rule, there's no individual pilot certification for BVLOS. Instead, the operating entity is responsible for ensuring staff are properly trained. This is a corporate responsibility model—similar to how airlines operate.

New roles include:

Operations Supervisor: Oversees overall compliance and safety management
Flight Coordinator: Issues high-level commands through automated systems

The traditional remote pilot flying stick-and-rudder is being replaced by supervisors managing automated systems.

This benefits large operators with sophisticated automation platforms. It presents challenges for small operators who built their business around skilled pilots manually flying complex missions.

Equipment Requirements

To fly under Part 108, your drone needs a "declaration of compliance." This means the aircraft has certain capabilities and meets technical safety requirements for BVLOS flight.

Required capabilities include:

Detect-and-avoid systems that automatically identify and avoid other aircraft
Remote ID broadcasting position and identification
Continuous position tracking
Integration with Unmanned Traffic Management (UTM) systems

You can't take any drone and fly BVLOS. You need approved equipment.

Section 108.700 includes country-of-origin requirements.

The provision limits airworthiness acceptance to US-manufactured aircraft or those from countries with bilateral airworthiness agreements—agreements that don't currently exist for unmanned aircraft.

Translation: Most DJI drones may not qualify. The vast majority of drones currently in commercial use may need to be evaluated against these requirements.

Industry groups are addressing this in their comments. If the provision stands as written, it reshapes the equipment landscape.

What Happens to Part 107 Waivers?

If you currently hold a Part 107 BVLOS waiver:

During the transition period, your waiver remains valid and you can continue approved operations.

After Part 108 is final, the FAA will eliminate the ability to obtain new Part 107 BVLOS waivers. You'll need to transition to the Part 108 framework.

The NPRM doesn't provide a clear pathway for existing waiver holders to transition. Industry groups are requesting a "grandfathering" process that recognizes proven safety records.

If you've invested in obtaining a Part 107 waiver, start planning for how you'll move to Part 108.

The Right-of-Way Question

One of the significant issues in the 3,000+ public comments: Who yields to whom?

Under the proposed rule, drones must yield to all manned aircraft broadcasting their position using ADS-B.

Pilot associations argue this isn't sufficient. They want drones to yield to ALL manned aircraft—regardless of whether the aircraft has ADS-B.

The concern is substantive: Not all manned aircraft carry ADS-B transponders, especially smaller general aviation aircraft. If a drone's detect-and-avoid system relies on ADS-B, it might not detect a non-equipped airplane.

The FAA is balancing the drone industry wanting operational flexibility and the aviation community wanting safety priority.

This resolution will define BVLOS operational boundaries.

Who Benefits, Who Faces Challenges

Position to Benefit:

Large, well-capitalized operators with automated platforms
Drone delivery companies who can scale beyond pilot experiments
Technology providers building detect-and-avoid, UTM integration, and automation systems
American drone manufacturers meeting country-of-origin requirements

Face Adaptation Challenges:

Small operators who may find full safety management systems costly
Traditional service providers relying on skilled pilots rather than automation
Public safety agencies with limited budgets and equipment constraints
Anyone using equipment that doesn't meet airworthiness requirements

Industry commenters noted that the framework appears oriented toward large, well-capitalized operators. The requirements for organizational-level approvals create barriers that small businesses will need to address.

The Timeline

| Date | Event | |------|-------| | August 7, 2025 | NPRM published | | October 6, 2025 | Comment period closed | | March 2026 (target) | Final rule published | | Late 2026 - Early 2027 | Implementation begins | | TBD | Part 107 BVLOS waivers phased out |

The presidential executive order "Unleashing American Drone Dominance" mandates the final rule by March 2026.

What You Should Do Now

If You're a Current Part 107 Operator:

Read the NPRM — It's 700 pages, but review sections relevant to your operations
Assess your equipment — Does your drone have detect-and-avoid? Remote ID? Can it integrate with UTM?
Evaluate your business model — Does it depend on pilot skill or can it transition to supervised automation?
Budget for compliance — SMS requirements, training programs, and approved equipment have costs

If You're Planning BVLOS Operations:

Don't wait for the final rule — Start building compliance infrastructure now
Choose equipment strategically — Prioritize drones likely to receive declaration of compliance
Build relationships — With UTM providers, detect-and-avoid system vendors, and industry groups
Consider corporate structure — Part 108 puts responsibility on the organization, not individuals

If You're a Public Safety Agency:

Contact your state aviation office — They're tracking Part 108 implications for government operations
Engage with industry associations — Groups like AUVSI are advocating for public safety accommodations
Document your waiver history — A track record of safe BVLOS operations may help with transition

Assessment

Part 108 is both an opportunity and a challenge.

For the industry as a whole, it's significant. Routine BVLOS operations will enable use cases that have been restricted for a decade. Drone delivery, large-scale inspection, agricultural monitoring at scale—all become practical.

For individual operators, it's a transition point. The regulatory framework is shifting toward automation, corporate responsibility, and American-made equipment. If that describes your operation, you're positioned well. If it doesn't, you have 12-18 months to adapt.

The drone industry of today—dominated by DJI hardware and skilled individual pilots—may look different in 2027.

The rules are changing. Planning for that change is appropriate.

Brian Rutherford is a Marine Corps Reconnaissance veteran, FAA-certified drone pilot, and commercial UAS consultant. He holds a Part 107 certificate and has tracked BVLOS regulation development since the ARC was formed in 2021.

Sources

FAA BVLOS Notice of Proposed Rulemaking — Federal Register
FAA's Proposed Part 108 BVLOS Rule: Industry Response and Key Concerns — DLA Piper
Industry Split as FAA's Part 108 Rule Moves Into Review Phase — ZAG Daily
Part 108: What We Know So Far — Drone Pilot Ground School
New FAA BVLOS Rules: What Drone Operators Must Know — Skydio
FAA Releases Long-Awaited BVLOS Proposed Rule — Pillsbury Law
Beyond Visual Line of Sight Fact Sheet — FAA