FAA Part 108: What the Proposed BVLOS Rules Mean for Commercial Drone Work

If you follow drone regulations, you've probably heard about the FAA's proposed Part 108 BVLOS rule. If finalized, it could become the biggest shift in commercial drone regulation since Part 107 was introduced in 2016.

For most commercial drone operators like myself, the immediate impact will be minimal. Part 107 still governs the visual line of sight (VLOS) operations that make up the majority of real estate, construction, and inspection work. But proposed Part 108 could open doors that have been closed for years, and understanding the rulemaking helps you plan ahead.

What Is Part 108?

Part 108 is the FAA's proposed regulatory framework for Beyond Visual Line of Sight (BVLOS) drone operations. Currently, if you want to fly a drone where you can't see it directly, you need to apply for a waiver—a process that can take months and is site-specific.

Proposed Part 108 would change that. Instead of applying for individual waivers, eligible operators could obtain broader approvals that allow routine BVLOS flights within defined operational areas. Think of it as moving from "ask permission every time" to "get certified once, fly repeatedly."

What Part 108 Includes

The proposed rule would introduce several new concepts:

• Two Authorization Levels: "Permitted Operations" for lower-risk BVLOS flights, and "Operational Certificates" for more complex operations requiring greater FAA oversight.
• Population Density Categories: Five categories from isolated areas (Category 1) to dense urban centers (Category 5), with increasing requirements as population density rises.
• Detect-and-Avoid (DAA) Systems: Drones must be equipped with technology to automatically detect and avoid other aircraft.
• Remote ID Compliance: All BVLOS operations must meet Remote ID requirements—the "digital license plate" for drones.
• New Personnel Roles: "Operations Supervisors" and "Flight Coordinators" instead of traditional pilot-in-command structures.

What This Means for Inspections and Documentation

For industries like utilities, energy, and infrastructure, Part 108 is significant. Currently, inspecting miles of power lines or pipelines requires either multiple flights with repositioning or complex waiver applications.

If Part 108 is finalized and implemented, eligible operators could conduct long-range inspection-support missions more efficiently—covering larger transmission corridors, solar farms, or agricultural areas with fewer repositioning stops.

For construction documentation and most property marketing imagery, Part 107 remains the governing rule today. These are visual line of sight operations by nature—I'm on site, flying within view, capturing what I can see. The proposed rule does not change current day-to-day Part 107 work, but it does signal where the industry may be heading.

Timeline: When Does Part 108 Take Effect?

The FAA published the Notice of Proposed Rulemaking (NPRM) for Part 108 in August 2025. The original public comment period closed in October 2025, then the FAA reopened the comment period in January 2026 for limited topics involving electronic conspicuity, right-of-way, and detect-and-avoid. The reopened period closed on February 11, 2026.

Because the rule is still in the rulemaking process, final timing should be treated as uncertain. Operators should continue planning under the rules currently in effect unless and until the FAA publishes a final rule.

What Stays the Same

For most commercial operators serving real estate, construction, and local inspections, Part 107 remains the foundation. The core requirements haven't changed:

• FAA Part 107 certification required for commercial work
• Operations limited to 400 feet AGL
• Visual line of sight maintained at all times
• Daylight or civil twilight operations (with anti-collision lighting)
• No flying over people without meeting specific conditions

Part 108 is intended to expand what's possible—it does not replace the rules that govern the majority of commercial drone work today.

Why This Matters for Central Florida

Central Florida has significant infrastructure that could benefit from BVLOS capabilities if the rule is finalized and implemented: extensive power grids, solar installations, agricultural land, and waterway systems. Over time, this may create more long-range inspection-support options for qualified operators.

For now, my focus remains on what Part 107 enables: high-quality aerial documentation for property marketing, construction progress tracking, roof documentation, and property records. These projects do not require BVLOS—they require showing up, flying safely, and delivering organized visual results.