Background

The Federal Aviation Administration (FAA) regulates all civil aviation in the United States, including the rapidly growing commercial drone sector. In June 2026, the agency blew past its own spring deadline for the Part 108 BVLOS final rule with no revised target date set, confirming the rule will not arrive on the original executive-order timeline. The primary blocker is a contested right-of-way provision under which crewed aircraft not broadcasting electronic position must yield to a BVLOS drone, a point that drew more than 50% of the 3,100+ public comments received.

The FAA also administers the equipment certification process that intersects with the FCC Covered List action against Chinese drone manufacturers. While the FCC blocks RF equipment authorisations, the FAA controls airworthiness and operational approvals. Together they form a regulatory squeeze on foreign-made UAS in US airspace. The agency's approach to drone regulation has been criticised as too slow by industry and too permissive by privacy advocates concerned about surveillance capabilities.

Part 108's delay is not isolated: the parallel Section 232 UAS tariff investigation is approximately 90 days past its own statutory deadline, meaning both the demand-side regulatory framework and the supply-side tariff decision are frozen simultaneously. The combined freeze is the single most consequential US policy outcome for the commercial drone sector in 2026.

Common Questions

What is the right-of-way rule for drones and crewed aircraft?

The contested provision in the proposed Part 108 rule would require crewed aircraft not broadcasting electronic position to yield to a BVLOS drone. This reversal of traditional right-of-way has been the most controversial element of the rule, drawing more than half of the 3,100+ public comments.Source: Lowdown drones-industry-defence update 13

What is the FAA Part 108 rule and when will it be published?

Part 108 is the FAA's proposed regulatory framework for beyond-visual-line-of-sight (BVLOS) drone operations. It would replace the current case-by-case Part 107 waiver system. The spring 2026 deadline was missed and no new date has been set as of June 2026.Source: Lowdown drones-industry-defence updates 3 and 13

Why did the FAA miss its Part 108 BVLOS drone deadline?

The FAA missed its spring 2026 deadline for the Part 108 BVLOS final rule, with the primary blocker being a contested right-of-way provision requiring crewed aircraft without electronic position broadcasting to yield to BVLOS drones. That single provision drew more than half of the 3,100+ public comments the agency received.Source: Lowdown drones-industry-defence update 13

How does the FAA regulate drones in the United States?

The FAA regulates commercial drone operations primarily under Part 107, which requires operators to maintain visual line of sight and seek individual waivers for BVLOS flights. The pending Part 108 rule would create standardised BVLOS permits replacing the waiver-by-waiver system.Source: Lowdown drones-industry-defence

Does the FAA ban Chinese drones?

The FAA controls airworthiness and operational approvals. Combined with the FCC Covered List blocking RF certifications, foreign drones face a regulatory squeeze.Source: background

What does the FAA do with drones?

Regulates all civil drone operations in the US, including certification, airspace access, and the new Part 108 BVLOS framework.Source: background

How the World Sees Them

US drone industry

Part 108's delay extends the waiver bottleneck that caps commercial route expansion; every month of delay is a competitive loss to markets where BVLOS is already permitted at scale.

Delivery companies

Zipline, Wing, and Amazon Prime Air continue to rely on individual waivers, capping national-scale rollout until the rule publishes.

European regulators

EASA's U-Space BVLOS framework has been advancing in parallel; a faster European path could attract operators and capital away from the US market.

Chinese manufacturers

FAA airworthiness approvals add another regulatory layer beyond the FCC Covered List.

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 22 September 2026. Editorial standards.