The FAA has officially released its long-anticipated Notice of Proposed Rulemaking (NPRM) for Part 108, introducing a framework to enable routine Beyond Visual Line of Sight (BVLOS) drone operations in the U.S. National Airspace System. This represents a major evolution from the limitations of Part 107, expanding operational flexibility for commercial UAS operators, infrastructure inspectors, drone delivery networks, and more.
In this blog post, I will cover:
- A summary of the proposed Part 108 framework
- Key differences between Part 107 and Part 108
- What it takes to operate under the new rules
- Why this rule matters to the future of drone operations in the United States
The FAA is currently accepting public comments on the NPRM through October 1, 2025. Submit your comment here: Regulations.gov – Docket FAA-2025-1908
What Is Part 108? The Next Era of Drone Operations
Part 108 is the FAA’s proposed rule to govern drone operations that go beyond visual line of sight without requiring a waiver. It introduces a risk-based, tiered regulatory structure focused on enabling scalable, routine BVLOS flights within the national airspace. These new rules are intended to address operational needs that Part 107 could not accommodate.
Two Operational Tiers: Permitted and Certificated
- Permitted Operations apply to lower-risk missions that do not require full FAA certification. These include:
- Flights below 400 feet above ground level
- Operations within shielded areas, such as near structures or over private property
- Short-range flights with minimal risk to crewed aircraft
- Certificated Operations apply to higher-risk missions that require FAA certification under Part 108. These include:
- Long-range BVLOS operations
- Flights above 400 feet
- Operations in complex or sensitive airspace
This two-tier structure allows operators to scale their activities in proportion to risk and mission complexity.
Risk-Based Structure: Low-Risk vs. High-Risk BVLOS Operations
A foundational element of Part 108 is its risk-based approach to regulation. Rather than applying one-size-fits-all rules, the FAA distinguishes between low-risk and high-risk BVLOS operations, assigning requirements based on the level of operational complexity and potential impact.
Low-Risk BVLOS Operations
Low-risk operations fall under the “permitted” category. These missions are limited in scope and pose minimal risk to other airspace users and people on the ground.
Examples include:
- Flying below 400 feet above ground level
- Operating in shielded environments, such as near buildings or terrain
- Conducting short-range flights over private or controlled areas
- Using UAS listed on the FAA’s Declaration of Compliance database
- Operating in rural or low-traffic airspace
Because of their limited exposure and simpler risk profile, these operations require only a notice of intent, airworthiness declaration, and compliance with basic training and documentation standards. No operating certificate is required.
High-Risk BVLOS Operations
High-risk operations fall under the “certificated” tier. These are more complex missions with higher stakes and a greater likelihood of interacting with crewed aircraft or populated areas.
Examples include:
- Flying above 400 feet
- Conducting long-range or corridor-style missions
- Operating near controlled airspace or high-traffic areas
- Using autonomous flight systems with limited human intervention
- Relying on UAS Service Providers for airspace awareness or DAA capabilities
These operations require a formal safety case, a Safety Management System (SMS), and an FAA-issued Part 108 operating certificate. Additional oversight, training, and operational controls are expected.
Why It Matters
The FAA’s risk-based model enables scalability. It allows small operators to begin with limited BVLOS use cases under minimal regulatory burden, while offering a clear, structured pathway for more advanced programs to operate in complex environments. This framework balances safety with innovation and is a core design principle behind the entire Part 108 proposal.
Airworthiness: A New Acceptance-Based Model
Part 108 introduces an airworthiness acceptance process in place of traditional certification. This includes:
- Submission of a Declaration of Compliance by the operator
- Safety analyses to support the aircraft’s suitability for the proposed mission
- FAA review and publication of compliant aircraft on a public list
Permitted operations require only an airworthiness declaration. Certificated operations require more extensive documentation, analysis, and testing.
Operations Personnel Roles
Part 108 formalizes new operational roles, ensuring responsibilities are clearly defined:
- Operations Supervisor is responsible for planning, risk mitigation, and compliance
- Flight Coordinator manages situational awareness and oversees the mission in real time
- Remote Pilot or Operator performs the flight and may operate under the direction of the supervisor or coordinator
Personnel requirements vary depending on the complexity and scope of the operation.
Training, Maintenance, and Documentation Requirements
All Part 108 operators must maintain:
- A documented training program for personnel
- A maintenance and inspection program for the aircraft
- Flight logs and performance records
- Emergency response procedures and mitigation plans
For certificated operations, an approved Safety Management System (SMS) is also required. This ensures systematic monitoring and continuous improvement of safety practices.
Additional Rules: Detect and Avoid, Shielded Operations, and Automated Services
Detect and Avoid (DAA): Operators may use tactical DAA systems, strategic separation procedures, or external service providers depending on the type and location of the operation
Shielded Operations: Flights that remain close to buildings or other infrastructure are treated as lower risk and are eligible for relaxed requirements
Automated Services: The FAA proposes a new rule under Part 146 for Unmanned Aircraft Service Providers (USPs). These include third-party services for airspace coordination, DAA, and other automated support
Comparing Part 107 and Proposed Part 108
| Feature | Part 107 | Proposed Part 108 |
|---|---|---|
| BVLOS Operations | Only allowed with waiver | Allowed under rule |
| Airworthiness | Not required | Required via declaration or certification |
| Operational Roles | Single remote pilot | Multiple roles defined (supervisor, coordinator, operator) |
| Risk Model | Fixed low-risk standard | Tiered risk-based structure |
| Shielded Flight | No special treatment | Explicitly authorized |
| Use of Automation | Not formalized | Supported via Part 146 |
| SMS Required | No | Yes, for certificated operations |
| Operations Above 400 ft | Prohibited | Allowed with certificate |
Part 108 represents a significant shift from the narrow constraints of Part 107. It offers greater operational flexibility, especially for high-end commercial use cases.
The basics of how to operated if the proposed rule is finalized
Remote Pilot Certification Under Part 108
The proposed rules introduce a new certification path for remote pilots conducting higher-risk BVLOS operations.
- For permitted operations, a current Part 107 certificate is sufficient. No additional testing is required, though operator-specific training must be completed.
- For certificated operations, the FAA proposes a new Part 108 Remote Pilot Certificate. To obtain it, applicants must:
- Hold a current Part 107 or manned aircraft certificate
- Pass a new FAA knowledge test specific to BVLOS operations
- Complete any additional operator-specific training outlined in the Part 108 Operating Certificate
This distinction aligns with the two-tiered approach of the rule and reflects the greater complexity and risk associated with long-range, higher-altitude BVLOS missions.
| Type of Operation | Part 107 Cert Sufficient? | New Part 108 Cert/Test Required? |
|---|---|---|
| Permitted (Low-risk BVLOS) | Yes | No |
| Certificated (High-risk BVLOS) | No | Yes |
For Permitted Operations
- File a Notice of Intent with the FAA
- Submit a Declaration of Compliance for your aircraft
- Establish a training and maintenance program
- Follow all recordkeeping and safety planning requirements
- Operate within permitted flight parameters (e.g., shielded areas, low altitude)
For Certificated Operations
- Apply for a Part 108 Operating Certificate
- Submit a full Safety Case including:
- Safety Management System (SMS)
- Manuals for training, maintenance, and operations
- Detailed airworthiness documentation
- Mission profiles and risk assessments
- Coordinate with any required Unmanned Aircraft Service Providers under Part 146
- Demonstrate ongoing compliance through periodic inspections and reporting
Why Part 108 Matters for the Drone Industry
Part 108 is a major step toward enabling routine, scalable BVLOS operations in the United States. Industries that stand to benefit include:
- Utility inspection and critical infrastructure monitoring
- Drone delivery networks
- Long-range agricultural surveys
- Emergency response and public safety
- Remote area mapping and surveying
For the first time, commercial drone operators will have a rule-based pathway to conduct BVLOS operations without needing individual waivers or exemptions. This could unlock new business models and significantly reduce barriers to scaling drone programs.
Submit Your Comments
This rulemaking is still in its draft form, and the FAA is accepting public comments. Now is the time for stakeholders to share feedback and help shape the future of BVLOS regulation.
View the NPRM and submit your comment by October 1, 2025:
Regulations.gov – Docket FAA-2025-1908
Conclusion
The proposed Part 108 rules mark a turning point for the drone industry. With a structured approach to BVLOS operations, clearly defined roles, and a shift toward performance- and risk-based regulation, Part 108 aims to enable growth while maintaining safety.
Operators who want to stay ahead should begin preparing now. Understanding the two-tiered structure, assessing operational risks, and developing the required safety infrastructure will be essential for success as the final rule is implemented.