UAS Regulations

Part 108: The FAA’s New Framework for BVLOS Drone Operations

Overview

On August 7, 2025, the FAA and TSA jointly released a Notice of Proposed Rulemaking (NPRM) for 14 CFR Part 108, marking a milestone in U.S. drone regulation. This proposed rule creates a performance-based, scalable framework for Beyond Visual Line of Sight (BVLOS) operations, addressing both safety (FAA’s role) and security (TSA’s role).

The NPRM aims to shift BVLOS from exception-based waivers to a standardized regulatory pathway, enabling industries to scale drone operations safely and consistently.

Intent of Part 108

• Normalize BVLOS: Allow routine BVLOS operations without special waivers.

• Scale Industry Use: Open opportunities in delivery, infrastructure inspection, agriculture, and emergency response.

• Risk-Based Framework: Five population-density categories determine requirements for equipment, pilot qualifications, and operational approvals.

• Security Integration: TSA will vet operators, similar to requirements for commercial air transport.

Relationship to Part 107

• Part 107 = Visual Line of Sight (VLOS) operations. It has been the foundation since 2016.

• Part 108 = BVLOS operations. Expands capabilities beyond Part 107.

Key Connection:

• A Part 107 Remote Pilot Certificate remains a prerequisite.

• Pilots will need to upgrade to a Part 108 certificate to conduct BVLOS.

• Part 107 continues to cover standard operations (e.g., real estate, photography, basic surveys).

• Part 108 builds on Part 107 for higher-risk, higher-value BVLOS missions.

Categories of Risk (Population-Based)

Category Definition Key Features

Cat 1 (Very Low Density) >1 mile from any LandScan cell with ≥10 people Least mitigations required. Few people present.

Cat 2 (Low Density) Within 1 mile of cell with ≥10 people Typical rural/farm areas. Must avoid unlicensed RF for C2 links.

Cat 3 (Moderate Density) Within 1 mile of cell with ≥25 people Suburban environments. Requires strategic deconfliction of flight paths.

Cat 4 (High Density) Within 0.5 mile of ≥100 people Shopping centers, multi-family housing. Requires operating certificate and FAA oversight.

Cat 5 (Very High Density) Within 0.5 mile of ≥2,500 people Major downtowns. Requires detect-and-avoid (DAA) for all aircraft, including non-cooperative targets.

Key Requirements Under Part 108

• Pilot Certification

  • Must hold Part 107 and obtain Part 108 rating for BVLOS.

  • Additional training and testing on BVLOS operations, detect-and-avoid, and C2 systems.

• Aircraft Performance Limits

  • Maximum takeoff weight: ≤1,320 lbs.

  • Maximum airspeed: ≤87 knots.

• Technology & Equipment

  • Detect-and-Avoid (DAA): Required in Category 5.

  • Reliable C2 Link: Secure, interference-resistant communication.

  • Maintenance & Records: Required for certificated operators.

• Operational Procedures

  • Strategic Deconfliction: Reserving flight paths in Category 3+.

  • Operating Certificates: Required for Cat 4 & 5, similar to Part 135 for airlines.

  • Security Vetting: TSA will vet operators and staff.

Predicted Business Impact

1. Expanded Opportunities

• Logistics & Delivery: Routine BVLOS allows drones to transport goods across towns and rural corridors.

• Infrastructure Inspection: Utilities, pipelines, and railroads can shift from ground crews to persistent aerial monitoring.

• Agriculture: Large farms gain coverage beyond VLOS for precision spraying, planting, and crop monitoring.

• Emergency Response: Faster BVLOS deployment for search & rescue, wildfire response, and disaster relief.

2. Lower Regulatory Burden

• No more reliance on case-by-case waivers.

• Operators can scale operations with predictable requirements.

3. New Business Models

• Drone service providers will expand fleets with BVLOS-ready aircraft.

• Technology vendors (DAA, C2 systems, UTM providers) will see demand surge.

• Training academies will need to certify Part 108 remote pilots.

4. Competitive Advantage

• Companies preparing early (by building compliance programs, upgrading fleets, and training Part 107 pilots for Part 108) will be positioned as market leaders once the rule is finalized.

Use Cases Photography, real estate, basic surveys Delivery, infrastructure, agriculture, emergency response Opportunities Ahead

• Technology Integration: Detect-and-avoid, AI-powered autonomy, UTM systems will all gain traction.

• Workforce Development: FAA-approved Part 108 training programs will emerge, creating new revenue streams for training providers.

• Cross-Industry Growth: Insurance, compliance, and data-analytics companies will expand services around BVLOS.

• Global Alignment: The U.S. will align more closely with EU and Canadian BVLOS regulations, making cross-border operations easier.

Clarification: Do You Need Part 107 to Fly Under Part 108?

Yes. Part 107 certification is still required as the foundational qualification. Pilots must then obtain a Part 108 endorsement to conduct BVLOS operations. Part 108 does not replace Part 107—it builds on it.

Conclusion

Part 108 is the FAA’s long-awaited solution to scale BVLOS in the United States. By introducing a risk-based framework, population categories, and expanded operational limits, the rule unlocks enormous business potential across multiple industries.

For drone businesses, the message is clear:

• Train your Part 107 pilots for Part 108.

• Invest in BVLOS-ready aircraft and DAA systems.

• Position now to seize the first-mover advantage.

The drone economy is entering its BVLOS era—and Part 108 is the key.

Approval Framework

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

Ground Risk Management

Learn about Part 108's population-density rules to manage ground risk effectively.

Part 108 outlines essential regulations for enabling safe and efficient UAS operations.

Safety Standards