FAA Part 108 and the Shift from Waiver-Based BVLOS to a Standardized Operating Framework

The FAA's long awaited Part 108 rule, the regulatory framework that would allow commercial BVLOS drone operations under a standardized certification rather than individual waivers, is approaching a final ruling in 2026.
For U.S. commercial operators, this is the most consequential regulatory development since Part 107 went into effect in 2016.

The key shift is structural: instead of applying for a waiver for each BVLOS operation, operators would work within an approved framework tailored to their operation type and risk profile.

What Part 108 Actually Proposes

Two new parts to the Code of Federal Regulations form the core of the proposal:

Part 108 establishes operating rules for highly automated BVLOS systems, including aircraft over 55 pounds. It moves BVLOS from a case by case approval model to a tiered framework based on operator certification and aircraft compliance declarations.

Part 146 creates the framework for certifying Automated Data Service Providers, organizations that provide traffic deconfliction, conformance monitoring, and real-time airspace awareness services. Under the proposed rules, most Part 108 operations would require a connection to a certified ADSP.

Operator Roles Are Being Redefined

Under the proposed framework, two new roles replace the traditional single-remote-pilot model for BVLOS operations:

Operations Supervisors hold final authority over all unmanned aircraft operations within an organization. Flight Coordinators provide tactical oversight of individual flights, monitoring automated systems and intervening through pre-programmed commands rather than direct piloting.

This reflects the operational reality of BVLOS flights at scale: human oversight remains but is structured around monitoring autonomous systems, not manual flight control.

Operating Permits vs. Certificates

The proposed framework creates two pathways:

An Operating Permit covers lower-risk operations: limited aircraft size and weight, routine missions in less densely populated areas. The approval process is streamlined.

An Operating Certificate is required for complex operations: larger aircraft, flights over people, operations in more densely populated environments. This pathway requires rigorous FAA oversight, safety management systems, and comprehensive training documentation.

What Stays the Same

Part 107 remains unchanged for visual line-of-sight operations under 400 feet. Existing waivers remain valid during the transition period. Operators conducting routine VLOS flights don't need to take any action.

The Practical Implication for Operators

The move from waivers to a framework has a concrete operational benefit: operators approved under Part 108 can conduct ongoing BVLOS missions without applying for a new waiver for each flight. For companies building BVLOS inspection, mapping, or monitoring into their standard service offerings, this changes the economics of those operations significantly.

Canada's Level 1 Complex BVLOS certification, which took effect in November 2025, provides a working model for what this certification-based approach looks like in practice, and one that U.S. operators have been watching closely as the FAA moves toward its own framework.