# FAA Part 108 BVLOS: status October 2026

> Where the FAA's Part 108 BVLOS rule stands: proposed August 2025, comment periods, under OIRA review since July 2026, and what it would change for operators.

- Canonical URL: https://autonomousdronesoftware.com/part-108-bvlos/
- Source: [USI, Get Part 108 Ready guide (last verified 25.09.2026)](https://www.flyusi.org/guides/get-108-ready)
- Checked: 2026-10-26
- Structured data: https://autonomousdronesoftware.com/data/part-108-bvlos.json

This page includes a free interactive tool that runs in the browser and sends no data. The figures and rules it uses are the ones stated on this page, with their sources.

## Timeline

| Date | Step |
|---|---|
| 7 August 2025 | FAA and TSA publish the proposal (90 FR 38212, docket FAA-2025-1908) |
| 6 October 2025 | 60-day comment period closes; about 3,100 comments |
| 28 January – 11 February 2026 | Comments reopened on right-of-way and electronic conspicuity ([AVweb](https://avweb.com/aviation-news/aviation-law/faa-reopens-part-108-bvlos-comment-period/)) |
| 10 July 2026 | Final rule sent to the White House review office (OIRA) |
| October 2026 | Still under review; no publication date announced ([USI](https://www.flyusi.org/guides/get-108-ready), verified 25 September 2026; no Federal Register publication found in our search on 26 October 2026) |

**Part 108 is not in effect.** Until it is, BVLOS flights need a waiver or an exemption.

## What the proposal would do

- **Permits** for eight defined lower-risk operation types, valid for 24 months.
- **Certificates** for larger or riskier operations, with a training programme, a safety management system and closer FAA oversight.
- **Weight** up to 1,320 lb depending on the operation; most permit types cap at 55 or 110 lb.
- **An operations supervisor** with final authority, instead of an FAA pilot certificate.
- **Automated data service providers** under a new Part 146, for services such as traffic and conformance monitoring; operators may provide these themselves.
- **Right-of-way:** drones would generally have right-of-way over crewed aircraft that are not electronically visible, but would yield to aircraft broadcasting their position, at airports and heliports, and in Class B or C airspace.
- **Remote ID** under Part 89, with BVLOS status and take-off location added.

## Permit or certificate: the proposed split

| | Operating permit | Operating certificate |
|---|---|---|
| For | Eight defined operation types within fixed limits | Larger or higher-risk operations |
| Validity | 24 months, renewable up to 120 days early, not transferable | No fixed expiry; ends if surrendered, suspended, revoked or a 12-month recency requirement lapses |
| Aircraft weight | Mostly up to 55 or 110 lb; agriculture, training and flight test up to 1,320 lb | Up to 1,320 lb |

Source: [USI](https://www.flyusi.org/guides/get-108-ready), summarising the proposal. The final rule may change any of these figures.

## What software has to show

Several proposed duties fall on software rather than on the pilot: conformance monitoring and strategic deconfliction from a Part 146 provider (or provided by the operator itself) for operations in controlled airspace and at the higher population categories, Remote ID with the added BVLOS fields, and the electronic visibility that decides who has right-of-way. A stack chosen today should be able to log these functions and export the logs.

## While you wait

Nothing in the proposal is in force. Flights beyond visual line of sight continue under waivers or exemptions and their own conditions. The FAA has not said how existing waivers will be handled when the rule arrives, so plan for both: keep the waiver valid, and document operations, safety processes and data providers in a form an application under the final rule could reuse.

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