Part 108 and Beyond Visual Line of Sight Operations

FAA Part 108 — Enabling BVLOS Drone Operations

FAA Part 108 is a proposed regulatory framework intended to govern Beyond Visual Line of Sight (BVLOS) operations of unmanned aircraft (drones or UAS) in the U.S. It would go beyond the current Part 107 rules (which require that remote pilots maintain visual line of sight) by creating a more scalable, performance-based regime for advanced drone operations.

The underlying goals of Part 108 include:

  • Reducing or eliminating the need for individual waivers for BVLOS operations
  • Allowing routine, more complex drone use cases (e.g. package delivery, infrastructure inspections, wide-area monitoring)
  • Integrating drones more fully into the National Airspace System (NAS) with safety assurances
  • Promoting innovation and scaling of commercial UAS capabilities

PART 108 Historical & Regulatory Context

  • The FAA established the BVLOS Aviation Rulemaking Committee (ARC) in 2021 to draft recommendations for how to regulate BVLOS. The ARC produced a report with ~70 recommendations, which included a proposed CFR Part 108.
  • The FAA and Congress have signaled urgency to make progress on BVLOS regulation. The FAA Reauthorization Act of 2024 includes mandates related to Part 108 / BVLOS rulemaking.
  • Publication of a Notice of Proposed Rulemaking (NPRM) for Part 108 has been long anticipated; in August 2025, the FAA released a draft NPRM under the title “Normalizing Unmanned Aircraft Systems Beyond Visual Line-of-Sight Operations”. 

Key Proposed Features & Structure of PART 108

Based on the NPRM and industry analyses, some of the main proposals and features of Part 108 include:

  1. New Regulatory Framework for BVLOS
    • Creates a dedicated part of the CFR (Part 108) to govern Beyond Visual Line of Sight operations, rather than relying on waivers under Part 107.
  2. Permits vs. Certificates
    • Permits: For lower-risk, smaller-scale operations (e.g., agriculture, training, surveys).
    • Certificates: For higher-risk, larger-scale, or more complex BVLOS operations.
  3. Weight Classes / Aircraft Categories
    • Establishes thresholds such as ≤ 55 lbs, ≤ 110 lbs, and up to ~1,320 lbs for different levels of approval and oversight.
  4. Operational Roles
    • Defines new operational roles, such as Flight Coordinator, Operations Supervisor, and Remote Pilot in Command, clarifying responsibilities.
  5. Automated Data Service Providers (ADSPs)
    • Introduces third-party service providers for strategic deconfliction, airspace awareness, and coordination between operators.
  6. Airspace & Right-of-Way Rules
    • Defines shielded areas (close to structures or terrain where drone operations have some priority).
    • Clarifies right-of-way responsibilities between drones, crewed aircraft, and other UAS.
  7. Safety & Technical Requirements
    • Performance-based requirements for detect-and-avoid (DAA) capabilities.
    • Reliability standards for communications, navigation, and control systems.
    • Mandatory fail-safe behaviors in case of lost link or system failure.
  8. Population Density Categories
    • Creates ground-population density classifications (sparse, moderate, dense) with corresponding operational limitations.
  9. Cybersecurity & Security Standards
    • Requires cybersecurity measures, secure command-and-control links, and operational integrity protection.
  10. Transition & Interim Approvals
    • Provides transition pathways from Part 107 waivers to Part 108 compliance (e.g., shielded operations waivers).

Current Status & Timeline for PART 108

  • The NPRM was published in August 2025 by the FAA under the title “Normalizing Unmanned Aircraft Systems Beyond Visual Line-of-Sight Operations.”
  • The NPRM opens a public comment period. Stakeholders (industry, academia, government, users) are invited to submit feedback.
  • The FAA is expected to review comments and revise the rule as needed before issuing a final rule.
  • Some observers expect a final rule by 2025 or early 2026, though timing remains uncertain.
  • There have been missed or delayed deadlines. For example, FAA missed a September 16, 2024 deadline mandated by FAA Reauthorization Act to publish the Part 108 NPRM.

Challenges, Risks & Stakeholder Concerns about PART 108 Implementation

  • Regulatory complexity & burden: Ensuring that performance-based requirements are implementable, measurable, and enforceable could be challenging.
  • Safety assurance: Proving reliability, redundancy, and safety in BVLOS operations remains a central hurdle.
  • Spectrum, communications, and navigation constraints: Reliable connectivity, navigation accuracy, interference, and latency become more important when the pilot cannot see the aircraft directly.
  • Liability & risk allocation: As operations scale, insurance, responsibility, and blame attribution in failure cases become more complex.
  • Public acceptance & privacy: Operating drones over populated areas, even with safety guarantees, may face public resistance concerning noise, privacy, and intrusion risks.
  • Interoperability & data sharing: The use of ADSPs, deconfliction among many operators, and real-time data exchange across systems will require robust standards and coordination.
  • Transition / grandfathering: Many operators now rely on waivers and exemptions; migrating to a Part 108 system without disruption requires careful transition strategies.
  • Regulatory lag: Technology evolves rapidly, so there is risk the final regulation will lag behind what is technologically feasible.
  • Resource constraints & administrative capacity: The FAA must staff and allocate resources to process certifications, oversight, and compliance enforcement.

Implications & Opportunities with PART 108

If successfully implemented, Part 108 could unlock substantial growth in UAS applications, including:

  • Package delivery / logistics: Enabling last-mile drone delivery over longer distances without requiring visual line of sight.
  • Infrastructure & utility inspection: Enables continuous monitoring of pipelines, power lines, railroads, etc., over large spans.
  • Agriculture & environmental monitoring: Wide-area surveillance of crops, forests, water resources, and wildlife in remote regions.
  • Search & rescue / emergency response: Drones can extend reach and speed in disaster zones, beyond visual constraints.
  • Scientific data collection: Atmospheric & environmental sensors, mapping, remote sensing missions in remote areas.
  • Commercial innovation: More advanced business models, autonomous drone systems, remote operations, multi-vehicle coordination.

For comprehensive understanding of Part 108 NPRM, consult the following resources:

  1. The FAA published NPRM “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations”. (https://www.federalregister.gov/documents/2025/08/07/2025-14992/normalizing-unmanned-aircraft-systems-beyond-visual-line-of-sight-operations)
  2. Understanding the FAA's Approach to BVLOS Operations: Part 108 and Beyond (https://www.mtec.aero/post/understanding-the-faa-s-approach-to-bvlos-operations-part-108-and-beyond)
  3. Navigating Drone Regulations in 2025: Part 108(BVLOS) (https://www.vsiaerial.com/post/2025-drone-regulations-part-108)
  4. Will Executive Orders to Enable BVLOS Operations Reshape the Drone Industry? (https://www.commercialuavnews.com/regulations/will-executive-orders-to-enable-bvlos-operations-reshape-the-drone-industry)
  5. Part 108: A New Era for Aerial Survey and Client Solutions.

 

The NPRM, exceeding 700 pages in length, will be available for public comment for 60 days following its official publication in the Federal Register. During this period, all stakeholders and interested parties are invited to submit their feedback prior to the rule's finalization.