Correction updated September 2, 2026: An earlier version of this page incorrectly described FAA Part 108 as final. The official Federal Register docket still identifies the action as a notice of proposed rulemaking. The page has been replaced so operators do not mistake proposed requirements for current authority.

The status that matters

FAA Part 108 is a proposal, not an operating rule. The FAA and Transportation Security Administration published the joint BVLOS notice of proposed rulemaking on August 7, 2025. The agencies later reopened a limited portion of the comment period, and the Federal Register docket continues to classify the rulemaking as proposed.

That distinction is operational, not semantic. A proposed permit, certificate, aircraft qualification path, or automated data service requirement does not authorize a flight today. Current BVLOS operations still require the authority that applies to the specific operation, such as an FAA waiver, exemption, certificate, or public-aircraft authorization.

What the proposal would create

The NPRM describes a performance-based framework for low-altitude BVLOS operations. It proposes separate authorization paths based on operational risk, requirements for aircraft and operating organizations, recordkeeping and reporting duties, security measures, and a framework for third-party automated data services.

The proposal is intended to move eligible operations away from one-off approvals toward a repeatable regulatory structure. It covers use cases including package delivery, agriculture, aerial surveying, civic-interest operations, training, demonstration, recreation, and flight testing.

Those are proposed outcomes. Final text, transition periods, accepted means of compliance, and implementation dates can change before adoption.

What operators should do now

No-regrets preparation does not require pretending the rule is final:

  1. Document the operation you actually want to conduct. Define aircraft, route, altitude, population exposure, airspace, crew model, command-and-control architecture, and contingency behavior.
  2. Separate current authority from proposed readiness. Keep today's waiver, exemption, certificate, and COA requirements distinct from Part 108 planning assumptions.
  3. Build traceable records. Maintenance, training, configuration control, software/firmware status, communications performance, and incident reporting are useful under any mature BVLOS pathway.
  4. Pressure-test lost-link and traffic-conflict responses. A scaled operation needs deterministic behavior when communications, surveillance, weather, positioning, or supporting services degrade.
  5. Track official sources. Product announcements and commentary cannot establish regulatory status. Use the FAA and Federal Register docket.

What not to do

Do not tell customers, investors, or flight crews that Part 108 already authorizes routine BVLOS. Do not buy equipment solely because a vendor says it will satisfy final requirements. Do not write manuals as though proposed sections are binding regulations.

Build a requirements matrix with three columns: current authority, proposed Part 108 language, and unresolved implementation detail. That keeps useful preparation from hardening speculation into policy.

Official sources

For a structured readiness program that keeps proposals separate from current authority, see the Part 108 BVLOS Readiness Playbook.