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FAA Part 108
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FAA Part 108

Proposed US BVLOS drone rule; spring 2026 deadline missed, blocked by contested right-of-way provision.

Last refreshed: 25 June 2026 · Appears in 1 active topic

Key Question

How much longer will the FAA's BVLOS delay suppress US commercial drone scaling?

Timeline for FAA Part 108

#13 18 Jun

Missed spring 2026 deadline; blocked by contested right-of-way provision

Drones: Industry & Defence: US drone rules frozen at both ends
#4 4 Apr

proposed BVLOS drone regulation still in review

Drones: Industry & Defence: FAA Misses Its Own BVLOS Rule Deadline
#2 19 Mar

Proposed rule establishing standardised BVLOS drone operations in US airspace; approaching publication

Drones: Industry & Defence: Mentioned in: FAA BVLOS rule targets March-April 2026
View full timeline →

Background

FAA Part 108 is the US Federal Aviation Administration's proposed regulatory framework for beyond-visual-line-of-sight (BVLOS) drone operations, covering unmanned aircraft weighing up to 1,320 pounds. It would create standardised operating permits and type certificates replacing the current waiver-by-waiver system under Part 107, under which each BVLOS operator must seek individual FAA approval for each flight corridor. The rule is foundational for commercial drone scaling: without it, companies like Zipline, medical delivery operators, and infrastructure inspection services cannot expand routes at national pace.

As of 18 June 2026, the FAA has missed its spring 2026 final-rule Deadline with no revised publication date announced. The specific blocker is a contested right-of-way provision: under the proposed rule, crewed aircraft not broadcasting electronic position must yield to a BVLOS drone, reversing traditional right-of-way hierarchy. That single provision drew more than 50% of the 3,100+ public comments received, and remains unresolved. The rule had already slipped from its original March, April 2026 executive-order target after the FAA reopened the comment period in January 2026, adding months to the timeline and closing on 11 February.

Every week of delay extends the waiver bottleneck. Operators with pending route applications face growing backlogs; investors in commercial drone businesses face regulatory uncertainty that suppresses capital deployment. The rule's eventual publication will be the single most consequential US regulatory event for the commercial drone sector since the original Part 107 framework in 2016.

Common Questions
What is FAA Part 108?
The proposed US rule for beyond-visual-line-of-sight drone operations. Would replace the current waiver system with standardised permits, enabling commercial drone delivery at scale.Source: Federal Register / FAA
Can drones fly beyond line of sight?
Currently only with individual FAA waivers under Part 107. Part 108 would create a permanent framework for BVLOS, but the final rule has been delayed by over 3,000 public comments.Source: background
Why is Part 108 taking so long?
The FAA reopened the comment period in January 2026 after significant stakeholder feedback on airspace integration, detect-and-avoid requirements, and liability. Over 3,000 comments were received.Source: Federal Register / FAA
What is the difference between Part 107 and Part 108?
Part 107 governs current small drone ops and requires case-by-case waivers for BVLOS. Part 108 would create standardised permits and type certificates for routine BVLOS flights.Source: background
When will drone deliveries be legal everywhere?
Companies like Zipline currently use individual FAA waivers for each corridor. Part 108 would enable national-scale routes, but the final rule is delayed into mid-2026 at earliest.Source: background
What is the FAA Part 108 BVLOS drone rule?
Part 108 is the FAA's proposed framework for beyond-visual-line-of-sight drone operations, covering drones up to 1,320 lbs. It would replace the current Part 107 waiver system with standardised permits, enabling commercial drone delivery and infrastructure inspection to scale nationally.Source: Lowdown drones-industry-defence
Why has the FAA Part 108 drone rule been delayed?
The spring 2026 publication Deadline was missed with no new date set. The primary blocker is a contested right-of-way provision requiring crewed aircraft without electronic position broadcasting to yield to a BVLOS drone. That provision drew more than half of the 3,100+ public comments the FAA received.Source: Lowdown drones-industry-defence update 13
When will the FAA publish the Part 108 BVLOS final rule?
As of 18 June 2026, the FAA has not announced a new publication date. The spring 2026 Deadline was missed and the contested right-of-way provision remains unresolved.Source: Lowdown drones-industry-defence update 13
How does Part 108 differ from Part 107 for drone operators?
Part 107 requires operators to maintain visual line of sight and seek individual FAA waivers for each BVLOS corridor. Part 108 would replace that with standardised national permits and type certificates, allowing commercial operators to scale routes without case-by-case approval.Source: Lowdown drones-industry-defence