Delays to FAA BVLOS Part 108 Rules
By: MATTHEW WEISSMAN
Since June of last year, the FAA has been working on a new rule to allow a permanent framework for Beyond Visual Line of Sight (BVLOS) drone operations, which would vastly improve the existing reliance on waivers and exemptions for BVLOS operations. The final Part 108 rule would allow drone operations to scale significantly. It would supplement the existing Part 107, which governs commercial drone operation within visual line of sight and would remain the rule most operators use.
The final Part 108 rule was supposed to be published by February 1, 2026, but more than eight months later, that has not happened. What is the reason for the delay? The primary roadblock is a provision regarding right-of-way rules. The proposed rule threatens to upend a basic tenet of American aviation by granting drones the presumptive right-of-way over a manned aircraft that isn’t electronically broadcasting its position in specific low-altitude environments. The rule applies to unmanned aircraft weighing no more than 1,320 pounds, with operations primarily below 400 feet. A manned aircraft would retain priority when it is broadcasting through ADS-B Out or similar, in Class B or C airspace, taking off or landing at an airport/heliport, or when the operation is over a Category 5 population area. This proposed change caused a rift between the drone community and traditional aviators, specifically agricultural and helicopter pilots, requiring the FAA to reopen comments on the matter in early 2026.
So, where is the rule now? The final draft of the rule has been at the White House’s Office of Information and Regulatory Affairs (OIRA) since July 10th of this year. OIRA is supposed to have 90 days to review rules, which can be extended once by 30 days, but the FAA has only said that they hope the new rules are implemented by the end of the year.
Although the delay in adopting Part 108 is frustrating for those looking to leave the BVLOS waiver and exemption process behind, it is important for the FAA to take the time it needs to get this right. Part 108 promises to be the most important change to commercial drone regulation since the implementation of Part 107. There will be significant implications for package deliveries, agricultural operations, and aerial surveying, as well as public safety and recreational uses. Ensuring the appropriate right-of-way balance to protect the safety of these flights, as well as accounting for the concerns of those in the general aviation community, will be key to the long-term success of BVLOS operations.
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