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FAA Part 108 is the most significant proposed change to drone regulation since Part 107 came out in 2016. It sets up a formal framework for Beyond Visual Line of Sight (BVLOS) operations, something that has been legally possible through waivers but practically difficult to scale. This post covers what the rule proposes, who it affects, what the industry is pushing back on, and what operators should be doing right now.

What Is FAA Part 108?

FAA Part 108 is a proposed rule focused on highly automated drone operations. The goal is to replace the current system of individual waivers and exemptions with a standardized, scalable framework that lets operators plan and run routine BVLOS flights. Operators would still need approval for each operation, much like in crewed aviation, but without going through the arduous waiver process each time.

Right now, BVLOS flight is legal under Part 107 only with an FAA granted waiver. Getting one takes time, the scope is limited, and other operators can’t easily build repeatable programs around them. Part 108 is designed to fix that. It covers a wide range of use cases: long-range delivery, infrastructure inspection, precision agriculture, public safety, surveying, and more.

The proposed rule runs more than 600 pages and is the most substantial update to commercial drone regulation since Part 107 was introduced in 2016.

Why Does Part 108 Exist? A Brief Timeline

Part 107 vs. Part 108: What’s the Difference?

	Part 107	Part 108
Who it’s for	Individual remote pilots	Organizations / operators
Line of sight	Visual line of sight required	Allows for BVLOS flight
Max drone weight	55 lbs	Up to 1,320 lbs
Authorization	Per-flight waivers for BVLOS	Operating permit or certificate
Responsibility	Individual pilot	The operating organization
Automation	Pilot manually-controlled	Supports highly automated flight

Part 107 continues to govern visual line of sight operations. Part 108 is not a replacement. It’s a separate, more advanced tier for organizations running highly automated BVLOS missions.

The Two Authorization Levels Under Part 108

The proposed rule requires operators to obtain one of two authorizations before conducting BVLOS flights:

New Roles: Who Does What Under Part 108?

One of Part 108’s core changes is moving compliance responsibility from individual pilots to the operating organization. Two new roles are required under the proposed framework:

Operations Supervisor: Responsible for the overall safety and logistics of every flight operation. This person is the final authority on safe and secure operation of all unmanned aircraft. Qualified through training, experience, or demonstrated expertise.

Flight Coordinator: Handles tactical oversight of individual aircraft during live operations, monitoring flights in real time and intervening when needed. Each flight coordinator can oversee multiple aircraft simultaneously.

Technical Requirements: What Drones Need to Fly Under Part 108

Part 108 sets performance-based standards rather than prescriptive rules. Key technical requirements include:

Electronic Conspicuity: Electronic conspicuity refers to technologies that allow aircraft to digitally broadcast their position and identity so other airspace users can detect them. Routine BVLOS operations require that all aircraft and traffic management systems understand who is operating nearby, maintain safe separation, and document compliance with emerging right-of-way and detect-and-avoid requirements.

Remote ID: Drones must broadcast their identity and location at all times while operating. This is the most common form of drone electronic conspicuity.

Detect-and-Avoid (DAA): Drones must yield right of way to crewed aircraft broadcasting via ADS-B (another form of electronic conspicuity), using onboard or ground-based detection systems.

Redundant Systems: No single power or propulsion failure can result in loss of flight control.

Conformance Monitoring: The aircraft must continuously compare its actual position and behavior against its declared operational intent. When deviations are detected, the system must alert the operator and, where applicable, other aircraft in the area.

Cybersecurity Protection: Systems must resist electronic interference and unauthorized access.

Anti-Collision Lighting: Must be visible from 3 statute miles.

Airworthiness Acceptance: Manufacturers are responsible for demonstrating airworthiness rather than the FAA issuing a type certificate.

Frequently Asked Questions About FAA Part 108

Click any question to expand the answer.

▸Is Part 108 final yet?

Not yet, but it is moving. As of July 2026, the rule has not been finalized. The original executive order deadline was February 1, 2026, extended by a 43-day government shutdown to approximately March 16, 2026. On July 10, 2026, the rule reached the Office of Information and Regulatory Affairs (OIRA) for final review, its last major step before publication. OIRA’s review of significant rules can take up to 90 days, so a published final rule is most likely in late 2026 or early 2027. Once finalized, implementation would likely include a transition period of 6 to 12 months before requirements take effect.

▸Will Part 108 replace Part 107?

No. Part 107 remains in place for visual line of sight operations. Part 108 is a separate regulatory tier for organizations running highly automated BVLOS missions. It is not a replacement for the framework most drone pilots use today.

▸Do I need Part 108 if I’m a typical Part 107 pilot?

Probably not right away. For many routine Part 107 pilots, the immediate impact will be minimal. Part 108 becomes relevant if you’re operating from a drone dock, conducting virtual pilot missions, or running long distance highly automated operations. If you want to scale into those capabilities, Part 108 is what you’ll need.

▸How heavy can drones be under Part 108?

Up to 1,320 lbs (including payload), with a wingspan under 25 feet and ground speed up to 87 knots. For context, a Robinson R22’s max takeoff weight is 1,370 lbs, only 50 lbs more than the heaviest drones covered under Part 108. That is a significant jump from Part 107’s 55-pound limit.

▸Who is responsible for Training and Qualification under Part 108?

Part 108 has no FAA licensing requirement. The organization, not the individual pilot, is accountable for ensuring personnel meet training requirements and documentation standards and follow operational manuals and procedures. This is one of the more significant philosophical shifts in the proposed rule.

▸Are there insurance requirements under Part 108?

Yes. Operators conducting air transportation for compensation under Part 108 must comply with DOT regulations for air carriers, which include requirements for liability insurance. These federal requirements are designed to protect both the operator and the public from unintentional damages. Operators may also need to obtain economic authority from the Office of the Secretary (OST), depending on the nature of their operations.

▸What is an Authorized Data Service Provider (ADSP)?

ADSPs are FAA-certified third-party services that provide near real-time data to help operators stay clear of other aircraft. That includes traffic awareness, weather feeds, and strategic deconfliction. They function as air traffic services built specifically for the drone ecosystem.

▸What happens to existing Part 107 BVLOS waivers?

This is actively being debated. The current proposal would eventually eliminate the ability to obtain new Part 107 BVLOS waivers, but industry groups are pushing hard for a grandfathering pathway that recognizes operators with proven safety records under existing waivers.

▸How does Part 108 affect drone operators?

The biggest day-to-day change is documentation. Because Part 108 shifts compliance responsibility to the operating organization, operators will need complete, auditable records covering maintenance logs, pilot currency, battery health, and operational safety. A platform like AirData tracks all of this automatically, so operators can demonstrate compliance the moment the rule takes effect.

▸How does Part 108 affect drone manufacturers?

Significantly. Manufacturers are now responsible for obtaining FAA Airworthiness Acceptance rather than relying on the FAA to issue a type certificate. This shifts the compliance burden earlier in the product development process and applies only to manufacturers based in the US or countries with bilateral airworthiness agreements.

▸What does “Unleashing American Drone Dominance” mean for Part 108?

Executive Order 14307, signed June 6, 2025, directed the FAA to publish a final Part 108 rule within 240 days of the NPRM, putting the original deadline at February 1, 2026. A 43-day government shutdown extended that to approximately March 16, 2026, and on July 10, 2026 the rule advanced to OIRA for final review. As of July 2026 the final rule has not yet been published, though the momentum behind it remains stronger than any previous drone rulemaking.

What Should Drone Operators Do Right Now?

AirData Is Already Built for What Part 108 Requires

AirData is a comprehensive system of record for the flight, maintenance, and compliance data a drone program depends on. It keeps one authoritative source of truth across your operation, so records stay complete, audits are easy to support, and conflicting information never slows you down. Without a single trusted record, a growing drone program is flying blind. Part 108 will require operators to maintain detailed, auditable records for safety, maintenance, training, and more, and AirData gives you the structure to handle that volume as your program scales.

The platform automates the work Part 108 will demand: compliance documentation creates itself, digital checklists and flight logs are captured automatically, pilot currency and maintenance records stay current, and fleet-wide analytics give program managers clear visibility into operational risk. Part 108 changes more than what you can fly. It changes how your entire operation is documented, managed, and proven compliant. Operators who build that record now will have a real advantage when the rule takes effect.

AirData is trusted by more than 460,000 pilots across 232 countries and territories, with 64M+ flights and roughly 10 trillion data points behind it, the largest known dataset in commercial drone operations. As a member of the Commercial Drone Alliance, we’re helping shape the standards coming out of the BVLOS rulemaking process.

Start an enterprise trial at app.airdata.com/enterprise