FAA Part 108 Status Tracker: Where the BVLOS Rule Stands

Last updated: July 29, 2026

This page tracks the status of 14 CFR Part 108, the FAA rule that will permit routine Beyond Visual Line of Sight (BVLOS) drone operations without case-by-case waivers. We update it when the status changes. If you found this page from a search, bookmark it rather than relying on articles written months ago - nearly every "Part 108 explained" post still in circulation is working from a timeline that has already slipped.

Status at a glance

The short version: the rule is in its last procedural step before publication. It has already missed one statutory deadline and two executive-order targets. The agency's own posted target is July 2026, but internal targets of this kind slip routinely. A realistic planning assumption is publication in the second half of 2026, with compliance dates 6 to 12 months after that.

What Part 108 actually is

Part 108 is a new, standalone section of the federal aviation regulations. It does not replace Part 107 - Part 107 continues to govern visual-line-of-sight operations. Part 108 sits alongside it and creates a structured pathway for flying beyond the pilot's line of sight.

Today, BVLOS requires an individual waiver or exemption. Each one is negotiated separately with the FAA, takes months, and is granted for a narrow set of circumstances. That process does not scale, and it is the single largest constraint on drone delivery, long-linear infrastructure inspection, and drone-in-a-box deployments.

The proposed framework replaces per-flight approvals with two tiers of operator authorization - Permitted Operations for lower-risk work, and an Operational Certificate for higher-risk work - layered over risk categories keyed to population density on the ground. Approvals attach to an operational area rather than an individual flight. The rule also creates new named roles, including an Operations Supervisor and a Flight Coordinator, and covers aircraft up to 1,320 pounds.

The practical shift is from pilot responsibility to program responsibility. Under Part 107, the remote pilot carries the safety obligation. Under Part 108, an organization has to demonstrate trained personnel, documented risk controls, a maintenance regime, and validated detect-and-avoid technology.

Timeline

June 24, 2021 - FAA convenes the BVLOS Aviation Rulemaking Committee (ARC).

March 10, 2022 - The ARC publishes its final report: 70 recommendations, including the creation of a new Part 108.

May 2024 - The FAA Reauthorization Act of 2024 (Public Law 118-63) becomes law, setting a statutory deadline for a final BVLOS rule.

June 6, 2025 - Executive order "Unleashing American Drone Dominance" directs the FAA to finalize drone rulemaking within 240 days, implying a target near February 1, 2026.

August 7, 2025 - The Part 108 NPRM is published. It runs past 700 pages and is the most significant commercial drone rulemaking since Part 107 in 2016.

October 6, 2025 - The 60-day comment period closes with roughly 3,000 to 3,100 comments filed. Industry response is substantive and far from uniformly positive.

October–November 2025 - A 43-day federal government shutdown halts rulemaking work, pushing internal targets to roughly March 16, 2026.

January 16, 2026 - The statutory deadline for a final rule passes without publication.

Early 2026 - The comment record is reopened for an additional window, extending the review.

July 10, 2026 - The final rule arrives at the Office of Information and Regulatory Affairs (OIRA) for review. OIRA evaluates costs and benefits and clears information collections before a rule can publish. Its posted due date for the rule is "07/00/2026."

Now - Awaiting OIRA clearance and Federal Register publication.

What happens next

There are three realistic paths from here.

1. OIRA clears the rule and it publishes. This is the expected path. Once OIRA signs off, the final rule is published in the Federal Register with an effective date and a set of compliance dates. Industry expectation is that substantive compliance obligations land 6 to 12 months after publication, giving operators and manufacturers a transition runway.

2. OIRA returns the rule to the FAA for changes. Reviews of this kind are not rubber stamps, particularly for a rule with a large economic footprint and a contested comment record. A return adds months.

3. The FAA issues a supplemental NPRM. Some observers have raised this possibility given the volume of unresolved technical questions in the record - detect-and-avoid performance standards, the role of automated data service providers, and ADS-B behavior at low altitude were all flagged repeatedly by commenters. A supplemental NPRM would add another comment cycle and push a final rule well into 2027. This is the least likely path at this stage, given the rule has already reached OIRA, but it is not off the table.

Open questions in the final rule

These are the provisions most likely to have moved between the proposal and the final text. If you have a commercial position that depends on any of them, read the final rule directly rather than relying on summaries:

• Agricultural differentiation. Agricultural commenters argued forcefully that a spray operation over remote farmland does not carry the same risk profile as package delivery over a dense urban area, and that the proposed population-density categories collapse the two. Whether the final rule creates a separate pathway is unresolved.
• Grandfathering. Multiple trade associations asked the FAA to recognize existing waiver and exemption holders with proven safety records rather than making them start over. Whether a streamlined transition exists is genuinely open.
• Detect-and-avoid performance standards. The proposal leaned on performance-based language without fully settling the underlying technical means of compliance.
• Third-party service provider obligations. How UTM and automated data service providers are qualified, audited, and held accountable.

What to do while you wait

Waiting is not the same as doing nothing. The organizations that move first when Part 108 lands will be the ones that built the program infrastructure in advance, because the rule rewards documented process rather than individual pilot skill.

• Keep operating under current authorities. Part 107 waivers and Section 44807 exemptions remain the legal route to BVLOS today, and an existing safety record is an asset under any grandfathering provision that may appear.
• Build the paperwork now. Operations manual, maintenance program, training records, risk assessment methodology. These are the deliverables Part 108 will ask for, and they take months to write well.
• Staff the named roles. Identify who will serve as Operations Supervisor and Flight Coordinator and begin training them to the proposed standards.
• Pin down your detect-and-avoid and C2 stack. Equipment procurement and integration testing are the long poles. Vendors will be capacity-constrained the moment the rule publishes.
• Pick one high-ROI use case. A utility corridor or a fixed inspection route is a better first Part 108 application than a broad request. Prove it, then expand the operational area.

Frequently asked questions

Is Part 108 final yet? No. As of July 29, 2026, it is under OIRA review and has not been published as a final rule.

Does Part 108 replace Part 107? No. Part 107 continues to govern visual-line-of-sight commercial operations. Part 108 is a separate regulation covering routine BVLOS.

Can I fly BVLOS right now? Only under a waiver, exemption, or certificate already granted to you. The proposed rule confers no authority until it is final and effective.

When will I actually have to comply? Compliance dates are set in the final rule, not the proposal. Plan on 6 to 12 months after publication for substantive requirements, with some provisions phased longer.

Will Part 108 cover drones over 55 pounds? The proposal extends to aircraft up to 1,320 pounds, well above the Part 107 ceiling.

Sources

• FAA, Part 108 BVLOS NPRM (August 7, 2025)
• Office of Information and Regulatory Affairs, rule review docket
• FAA Reauthorization Act of 2024, Public Law 118-63
• Executive Order, "Unleashing American Drone Dominance" (June 6, 2025)
• Commercial UAV News, coverage of the OIRA submission (July 2026)
• DLA Piper, analysis of industry comment response (October 2025)
• Vertical Aviation International, post-comment-period analysis

This page is informational and is not legal advice. The Part 108 NPRM is a proposed rule; specific provisions discussed here may change materially in the final text. Operators making commercial decisions about BVLOS operations or waiver strategy should consult qualified aviation counsel.

Spot an error or a status change we've missed? Let us know - this page is maintained.