Part 108 Hits 90 Days at the White House: Where the FAA’s BVLOS Drone Rule Stands

The FAA’s Part 108 rule, the one meant to make beyond-visual-line-of-sight (BVLOS) drone flights routine, has been sitting at the White House since 10 July 2026. On 8 October it reaches 90 days there, the standard length of a regulatory review. It is also eight months past the deadline the President set for it.

Here is where the rule stands, what the delay changes for drone delivery, inspection and public-safety operators, and what it does not change for everyone else.

Quick answer: the Part 108 timeline

What “at OIRA” means

Significant federal rules go to OIRA, part of the Office of Management and Budget, before they are published. Under Executive Order 12866 the review normally takes up to 90 days, and it can be extended. OIRA review is the last step before a rule is signed and sent to the Federal Register, which is why the drone industry watches the 10 July date so closely.

Ninety days is a target, not a trigger. Nothing is automatically published or withdrawn on 8 October; the review simply runs longer, or the rule comes back to the FAA for changes. DroneXL reported that the Department of Transportation has framed the pace as deliberate, and that an FAA official told the Commercial UAV Expo in September that the rule was at the “10-yard line”.

What the proposed rule would do

• Permits and certificates instead of waivers. BVLOS operators would apply for a Part 108 permit or certificate depending on the scale and risk of the operation, rather than asking for one-off Part 107 waivers.
• Risk by population density. Where you can fly depends largely on how many people live under the route.
• New roles. The proposal moves away from a single remote pilot per aircraft towards supervisors overseeing highly automated operations.
• Right-of-way and visibility. The proposal set out who yields to whom at low altitude and barred drones from transmitting ADS-B Out, two points crewed-aviation groups objected to in comments.
• A security half run by TSA. The TSA proposed vetting for key personnel and TSA-approved security programs for some operators.

The final text may differ from the proposal on any of these points; nothing in it is public until publication.

Who is waiting, and how they fly today

BVLOS is already happening, one exemption or waiver at a time. Drone delivery runs under Part 135 air carrier certificates, backed since 28 July 2026 by the FAA’s nationwide environmental assessment that fifteen states are now challenging in court. Police drone-as-first-responder programs fly under expedited waivers; DroneXL counts more than 1,000 public-safety agencies using them. Inspection and medical operators each negotiate their own approvals.

Part 108 would replace that patchwork with one rulebook. Until it publishes, every new operation still goes through the case-by-case route, which is slower and harder to scale. That is the practical cost of the delay.

The FAA is funding testing in the meantime

On 5 October 2026 the FAA awarded $12 million to 19 research projects at its nine designated UAS test sites, from money Congress set aside in the 2024 FAA reauthorization ($6 million a year through fiscal 2028). Two of those test sites, run by the Choctaw Nation of Oklahoma and the Indiana Economic Development Corporation, were added in January 2026, the first new sites in nearly a decade.

The security rules will lag the FAA rule

Even a published Part 108 will not be fully usable on day one. TSA plans closed-door roundtables with BVLOS operators to build model security programs, and those meetings only start after the final rule is out; operators have until 19 October 2026 to register interest. Until TSA’s compliance guidance exists, operators covered by the security requirements will not know exactly how to meet them.

Does Part 108 affect hobby and Part 107 pilots?

Not directly. Part 108 is a new set of rules for BVLOS operations. Recreational flying under the hobbyist exception and line-of-sight commercial work under Part 107 continue as they are, and the delay changes nothing for them. What does affect most consumer pilots right now is the FCC’s equipment rules, not the FAA’s: our US drone ban checker shows which models can still be sold in the US, and the FCC component rule takes effect on 13 October.

What to watch next

• 8 October: 90 days at OIRA. Watch reginfo.gov for the review to be marked concluded.
• Publication: the final rule appears in the Federal Register with compliance dates, probably staggered.
• 19 October: TSA’s registration deadline for the security roundtables.
• The courts: the challenge to the FAA’s drone delivery environmental assessment runs in parallel and does not depend on Part 108.

Frequently asked questions

Has the FAA published the Part 108 BVLOS rule?

No. As of 6 October 2026 the final rule is still under review at the White House Office of Information and Regulatory Affairs, where it arrived on 10 July 2026.

When was Part 108 supposed to be final?

Executive Order 14307, signed on 6 June 2025, called for a final rule within 240 days, which was 1 February 2026.

How long does OIRA review take?

Up to 90 days under Executive Order 12866, with possible extensions. For Part 108 that point is 8 October 2026.

What is Part 108?

A proposed FAA rule that would let operators fly drones beyond visual line of sight under permits and certificates, instead of individual waivers and exemptions.

Does Part 108 change the rules for recreational drone pilots?

No. Recreational flying and Part 107 line-of-sight operations are not replaced by Part 108.

How do drone delivery companies fly BVLOS now?

Under Part 135 air carrier certificates and FAA exemptions, approved operation by operation.

Sources

• Executive Order 14307, Federal Register, 11 June 2025
• DLA Piper: the FAA’s proposed Part 108 BVLOS rule
• DroneXL: FAA puts $12 million into test sites as Part 108 sits unsigned
• DroneXL: TSA plans closed-door Part 108 security talks
• Low Altitude Economy: Part 108 at OIRA since 10 July 2026
• OIRA regulatory review search (reginfo.gov)