FAA PART 108 — PROPOSED RULE, NOT YET FINAL
Part 108 Readiness: Preparing for Routine BVLOS Authority
The FAA’s proposed Part 108 rule would replace case-by-case BVLOS waivers with a permit and certificate structure — new operator tiers, new personnel roles, and real documentation requirements. It isn’t final yet, but the preparation window is open now. We help operators build the people and paperwork so they can file on day one instead of starting from zero.
Last reviewed: August 26, 2026
Where the Rule Actually Stands Right Now
As of this review, Part 108 is a proposed rule. It is not final, and nothing in it is legally required yet.
The FAA published the Part 108 Notice of Proposed Rulemaking in the Federal Register on August 7, 2025 (Docket FAA-2025-1908), opening a 60-day public comment period that drew nearly 3,100 comments. The FAA briefly reopened the comment period for 14 days in January 2026 to gather additional input specifically on detect-and-avoid and electronic conspicuity technology; that reopened window closed February 11, 2026.
On July 10, 2026, the rule moved to the Office of Information and Regulatory Affairs (OIRA) for final interagency review — the last major step before a rule can publish. OIRA review of a significant rule like this can take up to 90 days, which puts a realistic publication window in late 2026 or early 2027. Once published, expect a transition period — likely 6 to 12 months — before operators are actually required to comply.
We’re stating this plainly because some industry sites are already describing Part 108 as finalized. It is not. Every claim on this page uses “would” and “proposed” deliberately, and we’ll update this page the moment that changes.
Source: Federal Register — Normalizing UAS BVLOS Operations; OIRA review status as of July 10, 2026.
NPRM Published
August 2025 — Federal Register, Docket FAA-2025-1908.
Comment Periods
Closed Oct 2025; reopened Jan–Feb 2026 for detect-and-avoid input.
Sent to OIRA
July 10, 2026 — final interagency review, up to 90 days.
Final Rule — Pending
Realistic window: late 2026 to early 2027. Date not yet set.
DJI Matrice 400 — a BVLOS-capable enterprise platform built for Part 108 waiver operations, with 59 minutes of flight time and integrated obstacle sensing.
What Would Change Versus Today's Waiver Process
Right now, BVLOS operations happen through individual waivers or exemptions — a slow, case-by-case process that has to be repeated or amended as your operation changes. The proposed Part 108 framework would replace that with a standing permit or certificate that authorizes routine BVLOS operations within defined parameters, without a new waiver application every time.
In exchange for that routine authority, the proposed rule would require operators to meet standing obligations that don’t exist under the waiver system today: aircraft acceptance requirements, qualified personnel in newly defined roles, a documented safety management system, cybersecurity provisions, personnel vetting, and duty and rest limits for remote crew. It’s a trade — less friction per flight, more infrastructure to build once.
New Roles the Proposed Rule Would Create
Two personnel roles appear in the proposed rule that most current Part 107 operations don’t have today. Both would require qualification standards the FAA hasn’t finalized yet, and — like any aviation currency requirement — ongoing recurrent training to stay qualified.
Flight Coordinator
Responsible for coordinating and monitoring BVLOS operations, functioning similarly to a dispatcher with direct visibility into active flights, airspace conditions, and operational risk in real time.
Operations Supervisor
Responsible for overall operational control and safety accountability across a BVLOS program, more akin to a chief pilot or director of operations role.
What You'd Need Documented
Based on the proposed rule as written, an operator pursuing Part 108 authority would need to have built and be able to produce:
- An operations manual specific to your BVLOS activity, aircraft, and operating environment
- A safety management system (SMS) — a structured, documented approach to identifying, assessing, and mitigating operational risk, not just a policy statement
- A cybersecurity plan covering your command-and-control links, data handling, and system access controls
- Personnel vetting, potentially including TSA vetting requirements referenced in the proposed rule
- Duty and rest scheduling for remote crew, similar in spirit to duty-time limits in manned aviation
Building any one of these from scratch takes real time. Building all of them simultaneously, after the rule is final and everyone else is also racing to file, is a worse position than building them now.
Permit or Certificate: What Population Density Has to Do With It
Denser Areas → Certificate
Operations over more densely populated areas are expected to face a higher bar, closer to a certificate.
Sparser Areas → Permit
Operations in sparser areas may be eligible for a lighter-weight permit pathway.
This matters concretely for planning: a utility inspecting rural transmission lines and a public safety agency running DFR (Drone as First Responder) inside a municipal boundary are likely looking at different pathways under the same rule, with different documentation burdens. We help operators figure out which side of that line their actual operating area falls on before assuming either path.
Shielded Operations Near Structures
The proposed rule addresses “shielded operations” — flights conducted close to and within the footprint of structures like buildings, towers, and bridges, where the structure itself provides some separation from other aircraft. This category matters specifically for infrastructure inspection work: utility pole and transmission line inspection, bridge inspection, cell tower inspection, and similar structure-hugging missions that don’t necessarily need the same detect-and-avoid burden as open-airspace BVLOS.
If your operation is primarily structure-adjacent inspection work, shielded operations provisions may meaningfully change your compliance path compared to an operator flying open-area BVLOS missions like agricultural spraying or long-line utility corridor mapping.
What Nine Ten Drones Offers
01 — Readiness assessment
A gap analysis comparing your current Part 107 operation against what the proposed Part 108 framework would require.
02 — Documentation build
Drafting your operations manual, safety management system, and cybersecurity plan so they’re ready to file.
03 — Personnel qualification
Identifying and developing candidates for Flight Coordinator and Operations Supervisor roles.
04 — Recurrent currency programs
Ongoing training so qualified personnel stay current once the rule takes effect.
05 — ADSP selection support
Help evaluating and selecting a third-party Automated Data Service Provider partner where the proposed framework calls for one.
Start Now: Why the Lead Time Matters
Two separate clocks are running, and neither one waits for the other. The regulatory clock — NPRM, comment periods, OIRA review, publication, transition period — has already taken over a year and isn’t finished. The organizational clock — writing an SMS from scratch, qualifying a Flight Coordinator, building a cybersecurity plan that will pass FAA review — takes months of real work regardless of when the rule publishes.
Operators who start that second clock now will be positioned to file quickly once the rule is final and the transition period opens. Operators who wait for the Federal Register notice will be starting the organizational work at the exact moment every other operator in the country is also starting it — competing for the same limited pool of qualified reviewers, ADSPs, and training capacity.
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