Welcome to Part108.com

What is Part 108?

Part 108 is a Notice of Proposed Rulemaking (NPRM) published jointly by the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) on August 7 2025. The proposed rule, titled “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations,” would create performance‑based regulations to enable unmanned aircraft systems (UAS) to fly beyond visual line of sight (BVLOS) at low altitudes and to support third‑party services such as UAS Traffic Management (UTM).

Purpose and Intent

• Expand BVLOS operations: The FAA explains that the purpose of Part 108 is to enable the expansion of BVLOS UAS operations for commercial and recreational purposes at low altitudes in the national airspace system (NAS). Until now, BVLOS flights have mostly been approved through individual exemptions; the NPRM leverages lessons from those waivers to build a repeatable, scalable framework

• Provide predictability and clarity: The FAA describes Part 108 as the next phase of integrating UAS into the NAS; it aims to provide a predictable and clear pathway for operators to conduct expanded operations safely

• Encourage diverse operations: The proposed rulemaking would allow a variety of operations—package delivery, agriculture, aerial surveying, civic‑interest missions (wildfire recovery, wildlife conservation, public safety), flight training, demonstrations, flight testing and recreation

• Legislative foundation: The FAA notes that Congress directed this rulemaking through the FAA Reauthorization Act of 2024, which calls for performance‑based BVLOS regulations, and that the rule also reflects recommendations from the UAS BVLOS Aviation Rulemaking Committee (ARC)

Overview of the Proposed Rule

The NPRM outlines a two‑tier approval framework for BVLOS operations:

1. Operating permits – A streamlined pathway for lower‑risk operations such as package delivery, agricultural spraying, aerial surveying, civic‑interest missions, UAS training, flight tests, demonstrations and recreational flights. The FAA states that permitted operations would allow these activities under a permit issued by the agency. Permit holders are subject to limitations on aircraft size, number of aircraft and other operating parameters, and they face less direct FAA oversight.

2. Operating certificates – Required for higher‑risk operations, such as those involving larger aircraft, larger fleets or flights over more populated areas. An operating certificate allows operators to conduct more complex package delivery, agricultural and aerial‑surveying missions. Certificated operators must implement a Safety Management System (SMS), have a training program for operations personnel and will receive greater FAA oversight.

This two‑tier structure is meant to scale from routine tasks to complex missions while maintaining safety. The FAA emphasizes that personnel qualifications will be handled at the operator level: each operator must designate an operations supervisor who is responsible for overall safety and flight coordinators who monitor flights and can intervene when necessary. Operators must ensure their personnel possess the knowledge and skills needed for their roles.

Population‑Density Categories

The NPRM organizes ground risk into five population‑density categories. The table below summarizes the categories using concise phrases; detailed descriptions and mitigation requirements can be found in the NPRM.

Category Definition and key features

Category 1 – very low density ≥ 1 mile from any LandScan cell with ≥ 10 people; very low population; most restrictive operating area.
Category 2 – low density Within 1 mile of a cell with ≥ 10 people; rural or low‑density areas; operators cannot rely on unlicensed RF devices for command‑and‑control.
Category 3 – moderate density Within 1 mile of a cell with ≥ 25 people; suburban or moderate population; operations require strategic deconfliction.
Category 4 – high density Within 0.5 mile of a cell with ≥ 100 people; includes shopping centers and multifamily housing; operations require an operating certificate and FAA‑approved manuals/procedures.
Category 5 – very high density Within 0.5 mile of a cell with ≥ 2 500 people; major downtowns; UAS must have detect‑and‑avoid systems capable of detecting both cooperative and non‑cooperative aircraft.

These descriptions are drawn from the FAA’s NPRM and Federal Register document.

As population density increases, operators must adopt more robust mitigations such as certified equipment, strategic deconfliction and advanced detect‑and‑avoid systems.

Other Key Requirements

• Altitude limits and airspace access: Proposed § 108.180 would allow BVLOS operations at or below 400 feet above ground level (AGL) in Class B, C or D airspace, and within the lateral boundaries of Class E surface areas, without a waiver. Authorization would still be needed near airports or in designated areas, based on FAA’s risk analysis.

• Airworthiness and weight: The FAA proposes a new airworthiness acceptance process for UAS up to 1,320 pounds, including payload. UAS meeting the standards could conduct routine BVLOS operations without special waivers.

• Strategic deconfliction and UTM services: Part 108 relies on strategic deconfliction and conformance monitoring services to prevent UAS collisions. These services, provided by automated data service providers regulated under proposed Part 146, would be required for multiple categories of operation.

• TSA security measures: The NPRM is a joint FAA–TSA proposal. TSA would impose complementary security requirements to ensure BVLOS operations do not create security gaps; the agencies plan to issue separate final rules while coordinating on the framework.

Comment Period and Next Steps

The Federal Register entry notes that the public comment period closes on October 6 2025, about 60 days after the proposal’s publication. Comments can be submitted via Regulations.gov using docket number FAA‑2025‑1908. After reviewing comments, the FAA and TSA will finalize the regulations and establish the effective date.

Why Part 108 Matters

Part 108 marks a significant step toward routine integration of drones into U.S. airspace. By providing a risk‑based, performance‑oriented framework, the proposed rule aims to unlock benefits such as efficient package delivery, precision agriculture, infrastructure inspection and enhanced public‑safety missions while preserving safety and security. Operators, manufacturers and service providers can use this framework to scale BVLOS operations, knowing that clear requirements exist for airworthiness, personnel, airspace access and ground risk mitigation.

Stay tuned to Part108.com for updates as the rule progresses through public comment and finalization.

Part 108

Navigating the future of unmanned aircraft systems beyond visual line of sight operations.

Part 108 Services

Compliance and guidance for BVLOS operations in unmanned aircraft systems.

Approval Framework

Understand the two-tier approval process for BVLOS operations: permits and certificates.

Population Density Rules

Learn about the five population-density rules designed to manage ground risk for UAS.

Frequently Asked Questions

What is Part 108?

Part 108 is a notice of proposed rulemaking for UAS operations beyond visual line of sight.

What does the NPRM propose?

The NPRM proposes performance-based regulations for UAS to operate BVLOS and outlines a two-tier approval framework.

What are the operating permits?

Operating permits are part of the two-tier approval framework introduced in Part 108 for BVLOS operations management.

How does Part 108 manage risk?

What are the population-density rules?

What is UTM?

UTM stands for UAS Traffic Management, supporting safe BVLOS operations as outlined in Part 108.

Contact Us About Part 108

Reach out for inquiries on BVLOS operations and regulations.