Lead: Part 108 is the FAA's proposed rule for flying drones beyond visual line of sight (BVLOS) as a normal, repeatable operation instead of a one-off waiver. It is the single most anticipated rule in commercial drones — and as of November 2026 it is not in effect. If you have read that it is, check the Federal Register before you plan a business around it.

What Part 108 would be

The FAA proposed 14 CFR Part 108 in August 2024 under the title Normalizing Unmanned Aircraft System Beyond Visual Line of Sight Operations. It would replace the current per-flight waiver model with a standing framework for BVLOS operations, including:

  • Operating rules for pilots, visual observers and remote operators
  • Aircraft requirements such as detect-and-avoid capability and lighting
  • Remote ID broadcasting as a baseline
  • Right-of-way rules between UAS and manned aircraft
  • A path for dock and corridor programs that fly the same route repeatedly

Where it stands today

  • The proposed rule has been through its comment periods, including a reopened comment window in January 2026 on the right-of-way proposal.
  • The final rule went to the White House Office of Information and Regulatory Affairs for pre-publication review in July 2026.
  • It has not been published in the Federal Register, so there is no effective date and no compliance dates.

Until a final rule is published, BVLOS flight still requires an FAA waiver, exemption, COA or other authorization. Nothing about your Part 107 certificate changes in the meantime.

What it would change for an operator

  1. Standing authority instead of waivers. Operators would hold BVLOS authority as a matter of the rule, rather than proving a safety case mission by mission.
  2. The end of Part 107 BVLOS waivers. The proposal would stop issuing Part 107 waivers for BVLOS once the new path exists, so today's waiver holders would eventually transition.
  3. Aircraft-level requirements. Detect-and-avoid and lighting would move from waiver conditions into aircraft requirements.
  4. Real dock and corridor operations. Repeated automated routes — the kind a dock or a utility inspection program depends on — get a defined framework instead of an exemption letter.

What a new pilot should do now

  • Get fluent in VLOS first. Every BVLOS operation depends on the same fundamentals: airspace, crew coordination, lost-link procedures and site survey.
  • If BVLOS is in your business plan, build the waiver path now. A Part 107 waiver application with a credible detect-and-avoid description, procedures, training records and logging discipline is also the evidence base you will need later.
  • Watch primary sources. The Federal Register and the FAA's UAS pages are the only places a rule becomes real. Social posts and vendor blogs routinely announce proposed rules as final.
  • Do not price a service on a rule that is not effective. Contracts that assume routine BVLOS today are contracts you cannot legally perform.

How to read a "final rule" claim

Three dates decide whether a rule binds you:

  1. Publication in the Federal Register
  2. Effective date stated in the rule
  3. Compliance dates, which are often phased and can be years out

If a page cannot show those three, it is describing a proposal.

Bottom line

Part 108 is the future of routine BVLOS, not the present. Fly VLOS under Part 107, pursue waivers where the mission needs more, and keep the current federal flight rules in front of you until the final rule publishes.