FAA Part 108: The New BVLOS Regulation Framework for Commercial Drone Operations

Key Takeaways

• FAA Part 108 is a proposed regulation specifically designed to govern Beyond Visual Line of Sight (BVLOS) drone operations
• Once enacted, Part 108 will separate BVLOS operations from Part 107, which will continue to cover only visual line of sight flights
• Public safety agencies will maintain BVLOS capabilities under Part 91 waivers, while commercial operators will transition to Part 108 requirements
• The regulation aims to standardize BVLOS operations and reduce the current case-by-case waiver process
• Drone operators currently conducting BVLOS under Part 107 waivers will need to transition to Part 108 compliance when the rule becomes effective

The drone industry has reached a critical point where current FAA regulations can no longer scale to meet the growing demand for commercial BVLOS operations. For years, drone operators have struggled with the limitations of visual line of sight requirements under Part 107, forcing them to navigate a complex waiver process that often takes months to complete. This regulatory bottleneck has significantly limited the ability of companies to operate advanced drone missions at scale.

Enter FAA part 108 – a comprehensive regulatory framework specifically designed to address these challenges and unlock the full potential of commercial drone operations beyond the pilot’s line of sight. This groundbreaking regulation promises to transform how drone operators conduct business, enabling everything from package delivery to large-scale agricultural surveys across long distances.

What is FAA Part 108

FAA Part 108 represents a fundamental shift in how the FAA approaches regulation of unmanned aircraft systems operating beyond visual line of sight. Released as a Notice of Proposed Rulemaking (NPRM) in August 2025, this comprehensive document spans over 650 pages and establishes a dedicated regulatory framework specifically for BVLOS flights.

Unlike current FAA regulations that treat BVLOS as an exception requiring case-by-case waivers, Part 108 creates standardized requirements that drone operators can follow to conduct operations safely and efficiently. The regulation specifically targets commercial and civilian BVLOS operations, providing a clear pathway for companies to scale their drone operations without the uncertainty and delays associated with the traditional waiver process.

The development of Part 108 stems from extensive industry collaboration through the BVLOS Aviation Rulemaking Committee (ARC), established by the FAA in June 2021. This committee, comprising representatives from major drone companies like Amazon and Wing, along with aviation safety experts and regulatory stakeholders, produced seventy comprehensive recommendations that form the foundation of Part 108’s approach.

The regulation addresses a critical gap in current aviation rules by establishing specific operational standards, safety requirements, and certification processes tailored to the unique challenges of flying drones beyond the direct sight of remote pilots. This targeted approach allows for more appropriate safety measures compared to applying manned aviation rules to unmanned aircraft operating in fundamentally different environments.

Part 108 is expected to complete the rulemaking process within 12-18 months, with implementation likely occurring in phases to allow industry adequate time for compliance preparation.

Key Differences Between Part 107 and Part 108

The distinction between Part 107 and the proposed Part 108 represents a fundamental reorganization of how the FAA regulates drone operations based on operational complexity and risk levels. Understanding these differences is critical for drone operators planning their long-term operational strategies.

Part 107 will continue to serve as the primary regulation for standard commercial drone operations where pilots maintain visual contact with their aircraft. These operations include photography, mapping, and inspection missions where the drone remains within the surrounding area visible to the pilot. The regulation provides a solid foundation for routine drone work that doesn’t require extended range or complex autonomous capabilities.

In contrast, Part 108 specifically addresses the higher risk and more complex nature of BVLOS operations. The regulation recognizes that flying drones beyond visual line of sight fundamentally changes the operational paradigm, requiring enhanced safety systems, improved communication capabilities, and more sophisticated operational planning.

The shift from individual pilot responsibility under Part 107 to organizational responsibility under Part 108 reflects the complexity of BVLOS missions. Companies operating under Part 108 will need designated flight coordinator positions and comprehensive safety management systems that go beyond what individual pilots can manage alone.

Training requirements under Part 108 will necessarily be more extensive than Part 107, covering advanced topics such as emergency procedures for communication link failures, coordination with air traffic control systems, and management of complex autonomous flight operations across varied weather conditions.

Core Requirements Under Part 108

The heart of FAA part 108 lies in its comprehensive set of operational and technical requirements designed to ensure safe integration of BVLOS operations into the national airspace. These requirements address the fundamental challenges of operating drones when pilots cannot maintain direct sight of their aircraft.

Enhanced Pilot Certification and Training

Part 108 establishes rigorous training standards that go far beyond current Part 107 requirements. Pilots conducting BVLOS operations must demonstrate competency in advanced operational procedures, including emergency response protocols, airspace coordination, and complex mission planning across long distances.

The regulation introduces specialized certification pathways that reflect the increased responsibility of managing autonomous systems operating in complex airspace environments. Flight coordinator positions become critical, with these individuals responsible for overseeing multiple simultaneous operations and coordinating with air traffic management systems.

Training programs must cover weather assessment for extended operations, as changing weather conditions can significantly impact BVLOS flights operating across large geographical areas. Pilots must understand how to assess weather data along entire flight routes, not just at takeoff and landing locations.

Aircraft Detection and Avoidance Systems

Perhaps the most significant technical requirement under Part 108 is the mandate for sophisticated detect-and-avoid capabilities. These systems must enable drones to identify and avoid other aircraft, obstacles, and potentially people or property without direct pilot intervention.

The regulation establishes performance standards for these systems that ensure reliable operation across various environmental conditions. Detection capabilities must function effectively in different weather conditions and lighting situations, providing consistent safety margins for autonomous decision-making.

Integration with national airspace systems requires that Part 108 aircraft communicate their position and intent to other airspace users. This communication ensures that manned aviation can maintain appropriate separation and that air traffic control systems have visibility into drone operations when necessary.

Communication and Connectivity Standards

Reliable communication links become absolutely critical for BVLOS operations, as pilots must maintain positive control of their aircraft across potentially vast distances. Part 108 establishes redundancy requirements that ensure continued connectivity even when primary communication systems experience failures.

These communication standards address both control and monitoring functions, ensuring that pilots can not only direct aircraft movement but also receive real-time data about aircraft status, surrounding airspace conditions, and mission progress. The regulation recognizes that effective BVLOS operations require much more comprehensive data flow than traditional visual operations.

Emergency communication protocols receive special attention, with requirements for backup systems that can maintain basic safety functions even during primary system failures. These protocols ensure that aircraft can complete safe emergency landings or return-to-home operations when communication is compromised.

Safety and Technology Standards

The safety framework under Part 108 recognizes that BVLOS operations introduce risks that don’t exist in visual line of sight flights. The regulation establishes comprehensive standards that address these unique challenges while enabling operational flexibility for legitimate commercial missions.

Real-time Monitoring and Telemetry

Part 108 requires continuous monitoring capabilities that provide pilots with comprehensive awareness of aircraft status and surrounding conditions. These systems must deliver real-time data about aircraft health, battery status, communication link quality, and environmental conditions throughout the entire flight operation.

Telemetry systems must maintain detailed records of flight operations for post-mission analysis and regulatory compliance. This data helps operators identify potential safety trends and provides the FAA with information necessary for ongoing safety oversight and regulation refinement.

Weather Monitoring and Decision-Making

Weather assessment becomes significantly more complex for BVLOS operations, as conditions can vary dramatically across extended flight routes. Part 108 establishes requirements for comprehensive weather monitoring that covers entire operational areas, not just departure and arrival points.

Operators must demonstrate the ability to assess changing weather conditions throughout missions and make appropriate operational decisions based on real-time data. This includes establishing procedures for mission modification or termination when weather conditions compromise safety margins.

The regulation addresses specific weather-related challenges such as wind patterns at different altitudes, visibility changes across flight routes, and precipitation that might affect aircraft performance or sensor capabilities.

Impact on Current BVLOS Operations

The introduction of FAA part 108 will fundamentally transform how drone operators currently conducting BVLOS flights manage their operations. Companies that have invested significant time and resources in obtaining Part 107 waivers for beyond visual line of sight missions will need to navigate a comprehensive transition process.

Transition from Waiver-Based Operations

Current drone operators relying on Part 107 waivers for BVLOS operations face a complete shift in their regulatory approach. The case-by-case waiver process, while providing operational flexibility, has created significant uncertainty and delays that have limited industry growth. Part 108 promises to replace this unpredictable system with standardized requirements that operators can implement consistently.

The transition period will likely provide existing waiver holders with time to adapt their operations to Part 108 requirements. However, this adaptation may require substantial investments in new technology, training programs, and operational procedures that align with the regulation’s comprehensive safety standards.

Companies currently operating under waivers will need to evaluate their existing equipment and procedures against Part 108 requirements. Many may discover that their current systems don’t meet the enhanced detect-and-avoid capabilities or communication redundancy standards required under the new regulation.

Standardization Benefits for Industry

The shift from individual waivers to standardized regulations creates significant opportunities for drone operators and technology providers. Companies will be able to develop business models based on predictable regulatory requirements rather than hoping for favorable waiver decisions that may take months to obtain.

Manufacturing companies can now design aircraft and support systems specifically for Part 108 compliance, creating economies of scale that should reduce costs for operators. This standardization enables broader industry investment in BVLOS -specific technology development.

Service providers can develop specialized support services for Part 108 operations, including training programs, compliance assistance, and technology integration services. This creates new business opportunities while helping smaller operators access the resources needed for Part 108 compliance.

Public Safety and Government Operations

Public safety agencies will continue operating BVLOS missions under Part 91 waivers rather than transitioning to Part 108 requirements. This distinction recognizes the unique operational needs of emergency response, law enforcement, and other government missions that may require operational flexibility not practical under commercial regulations.

The separation between commercial Part 108 operations and public safety missions under Part 91 ensures that emergency responders maintain the ability to operate quickly and flexibly during critical situations. However, it also means that public safety agencies won’t benefit from the standardized training and equipment standards being developed for commercial operations.

This regulatory distinction may create challenges for companies that provide services to both commercial and public safety markets, as they’ll need to maintain compliance with multiple regulatory frameworks depending on their mission types.

Compliance and Implementation Strategy

Successfully transitioning to FAA part 108 compliance requires comprehensive planning that addresses technology upgrades, training requirements, and operational procedure development. Companies beginning this process early will have significant advantages when the regulation becomes effective.

Technology Assessment and Upgrades

The first step in Part 108 preparation involves evaluating current aircraft and support systems against the regulation’s technical requirements. Most existing drone operations will require significant technology upgrades to meet Part 108 standards for detect-and-avoid capabilities, communication redundancy, and telemetry systems.

Detect-and-avoid systems represent the most significant technology investment for most operators. These systems must provide reliable obstacle and traffic detection across various environmental conditions while integrating seamlessly with aircraft control systems for autonomous avoidance maneuvers.

Communication system upgrades focus on redundancy and reliability over extended ranges. Operators must implement backup communication methods that ensure continued aircraft control even when primary systems experience failures. This often requires investment in multiple communication technologies and automatic switching capabilities.

Training and Certification Development

Part 108 compliance demands comprehensive training programs that go far beyond current Part 107 requirements. Companies must develop or access training that covers advanced operational procedures, emergency response protocols, and complex mission planning for BVLOS operations.

Flight coordinator certification becomes a critical organizational requirement, as these individuals will be responsible for overseeing multiple operations and coordinating with air traffic management systems. Organizations must identify personnel for these roles and ensure they receive appropriate training well before Part 108 implementation.

Ongoing training programs must address the evolving nature of BVLOS operations and technology. Companies should establish relationships with training providers who can deliver updated curricula as Part 108 implementation progresses and operational experience develops.

Documentation and Procedures

Part 108 emphasizes organizational responsibility, requiring companies to document comprehensive safety management systems and operational procedures. This documentation must demonstrate how organizations will maintain safety standards across all aspects of their BVLOS operations.

Operational procedures must address routine operations as well as emergency scenarios. Companies need detailed protocols for communication failures, aircraft malfunctions, weather-related operational changes, and coordination with other airspace users.

Record-keeping requirements under Part 108 are extensive, covering flight operations, maintenance activities, training records, and safety management system performance. Organizations must implement systems capable of maintaining these records and making them available for regulatory oversight.

Future of BVLOS Operations Under Part 108

The implementation of FAA part 108 will unlock transformative possibilities for commercial drone operations, enabling applications that are currently impractical or impossible under existing regulations. The regulation’s comprehensive framework provides the foundation for drone industry growth that industry experts predict could reach tens of billions of dollars annually.

Economic Impact and Industry Growth

Part 108 will enable entirely new business models that rely on routine BVLOS operations at scale. Package delivery services will be able to operate commercially without the uncertainty and delays associated with case-by-case waiver approvals. Agricultural operators can conduct surveys across vast areas without regulatory barriers that currently limit their operational efficiency.

The expansion of allowable aircraft weight to 1,320 pounds opens possibilities for heavy-lift operations that were previously prohibited. This enables industrial applications such as equipment transport, large-scale cargo delivery, and extended-endurance monitoring missions that require substantial payload capacity.

Infrastructure inspection operations will benefit dramatically from standardized BVLOS regulations. Utility companies can implement routine automated inspections across power lines, pipelines, and other infrastructure that spans long distances, improving safety while reducing operational costs.

Advanced Applications and Innovation

Standardized Part 108 requirements will drive innovation in drone technology and operational concepts. Manufacturers can now develop aircraft specifically designed for Part 108 compliance, incorporating advanced automation, improved safety systems, and enhanced operational capabilities.

Autonomous flight operations will become increasingly sophisticated as operators gain experience with Part 108 requirements. The regulation’s framework supports development of highly automated systems that can conduct complex missions with minimal human intervention while maintaining appropriate safety oversight.

Integration with emerging technologies such as artificial intelligence, advanced weather monitoring, and real-time airspace management systems will create new operational possibilities. These technologies can help operators optimize flight paths, avoid weather hazards, and coordinate with other airspace users more effectively.

National Airspace Integration

Part 108 establishes the foundation for seamless integration of commercial drone operations into the national airspace system. This integration will enable routine operations alongside manned aviation while maintaining appropriate safety separation and coordination.

Automated Data Service Providers (ADSPs) will play an increasingly important role in providing real-time airspace information and conflict resolution services. These services will help drone operators maintain awareness of other aircraft while providing air traffic control systems with visibility into drone operations when necessary.

The regulation’s framework supports future expansion of drone operations into more complex airspace environments as technology and operational experience develop. This creates a pathway for eventually enabling BVLOS operations in areas that are currently restricted or require special coordination.

International Harmonization

Part 108 positions the United States as a leader in commercial drone regulation, potentially influencing international standards and enabling cross-border operations. The regulation’s comprehensive approach provides a model that other countries may adapt for their own regulatory frameworks.

International harmonization will become increasingly important as companies seek to operate globally and as drone technology continues to advance. Part 108’s standards may serve as the foundation for international agreements that enable seamless cross-border drone operations.

The regulation’s emphasis on organizational responsibility and comprehensive safety management aligns with international trends in aviation regulation, supporting eventual harmonization with global standards for commercial drone operations.

FAQ

When will FAA Part 108 become effective?

Part 108 is currently in the Notice of Proposed Rulemaking (NPRM) phase, with no definitive implementation date announced by the FAA. The rulemaking process typically takes 1-3 years after initial proposal, depending on public comments and regulatory review. Industry experts expect implementation to occur in phases, allowing companies time to adapt their operations and technology to meet the new requirements.

Will my current Part 107 BVLOS waiver still be valid when Part 108 is implemented?

Current Part 107 BVLOS waivers will likely have a transition period, but operators will eventually need to comply with Part 108 requirements. The FAA typically provides grace periods for existing authorization holders to transition to new regulations. However, companies should begin preparing for Part 108 compliance early, as the technical and operational requirements are significantly more comprehensive than current waiver standards.

Do I need special equipment to comply with Part 108 requirements?

Yes, Part 108 is expected to require enhanced technology systems including aircraft detection capabilities, redundant communication systems, and advanced telemetry equipment that may not be required under current Part 107 operations. Most existing drone operations will need significant technology upgrades to meet Part 108 standards, particularly for detect-and-avoid systems and communication redundancy.

How will Part 108 affect emergency services and public safety drone operations?

Public safety agencies will continue operating BVLOS missions under Part 91 waivers rather than Part 108, maintaining their current operational flexibility for emergency response and law enforcement activities. This distinction ensures that emergency responders can operate quickly during critical situations without the standardized procedures required for commercial operations, though it means they won’t benefit from Part 108’s standardized training and equipment requirements.

What training will pilots need for Part 108 certification?

Part 108 is expected to require additional training beyond the standard Part 107 remote pilot certificate, focusing on BVLOS operational procedures, emergency protocols, and advanced aircraft systems management, though specific requirements are still being finalized in the rulemaking process. The regulation will likely establish specialized certification pathways for flight coordinators and require comprehensive organizational training programs that address the unique challenges of managing autonomous systems operating beyond visual line of sight.