There is a lot of chatter right now about Part 108 and whether Part 107 is being replaced. Short answer: Part 108 is not a simple swap of labels. It is a separate regulatory pathway aimed at routine beyond-visual-line-of-sight operations, and Part 107 remains the governing rule for the majority of small UAS flights today.

How we got here, in three bullets: the industry convened the UAS BVLOS Aviation Rulemaking Committee and delivered a detailed set of recommendations in March 2022 that envisioned a new Part 108 to normalize BVLOS at scale; Congress included a targeted requirement in the FAA Reauthorization Act of 2024 to get a BVLOS NPRM out quickly; and the FAA has been working to turn ARC recommendations into a formal proposal while stakeholders watch closely.

So what is Part 108 likely to cover? The ARC recommended a risk-based, performance-oriented regime that treats BVLOS as a distinct operational class, not simply an exception to Part 107. That recommendation includes things like establishing an acceptable level of risk, introducing operator-level approvals rather than per-flight waivers, requirements or means of compliance for detect-and-avoid and robust command-and-control links, and a framework for airworthiness acceptance that can scale beyond the 55-pound small-UAS envelope. Expect personnel and organizational requirements to shift the primary accountability from a single remote pilot to the operator organization for many BVLOS missions.

Why the rumors about ‘Part 107 going away’? A lot of the confusion comes from three real but distinct ideas that are being discussed in industry circles: 1) Part 108 would create a permit-or-certificate pathway for routine BVLOS operations, 2) many BVLOS activities that today run under Part 107 waivers would eventually migrate to Part 108 approvals, and 3) the regulatory model would emphasize operator systems and processes over ad-hoc waivers. Taken together, those facts can be misread as ‘‘Part 107 is obsolete.” In practice that is not the case. Part 107 will remain the baseline for VLOS small UAS operations while Part 108 would enable heavier, longer, or automated BVLOS work at a different level of oversight.

What about timing and the missing deadlines? Congress did set an aggressive timing requirement in the 2024 reauthorization that aimed to accelerate a BVLOS NPRM, and industry and lawmakers have repeatedly urged the FAA to move quickly. However, rulemaking is an interagency exercise and the NPRM milestone that many expected in 2024 slipped. Industry reporting in late 2024 captured that the statutory Sept. 16, 2024 date had passed and that FAA staff were continuing to refine and coordinate the draft. That reality is what seeded many of the ‘‘when will Part 108 arrive’’ rumors.

Will current Part 107 waivers vanish overnight? No. Even under a future Part 108 regime there will be transition issues that the FAA must manage. The ARC itself recommended pathways for operators to show safety performance and for the agency to consider grandfathering or streamlined transitions where appropriate. But the exact mechanics for converting existing waivers into new approvals depend on the final regulatory text and FAA guidance, and those details were not public as of early 2025. Until the FAA issues a formal NPRM and then a final rule, operators should plan for a phased transition rather than an abrupt cutoff.

Practical guidance for operators right now

  • Keep what works. If you have Part 107 operations or waivers that are meeting your safety objectives, keep operating to those approvals and document your safety case. Do not assume automatic rights under an unpublished rule.
  • Prepare your organization. Part 108 thinking shifts oversight to the operator. Start building or strengthening operations manuals, maintenance procedures, training programs, and data collection practices now. These are the things regulators will look for.
  • Invest selectively in enabling tech. Remote ID compliance is table stakes. If you plan BVLOS, begin testing reliable command-and-control redundancy, and evaluate available detect-and-avoid solutions against consensus standards. Demonstrations and data matter more than marketing claims.
  • Engage the rulemaking. When the NPRM publishes respond with concrete, evidence-based comments. The arc from draft to final rule is where technical fixes and pragmatic mitigations get made.

My take as an engineer who has built operational drone services: this is a structural change, not a surprise coup. Part 108, as conceived by the ARC, is about scaling complex missions safely. That will require more sophisticated safety engineering and organizational discipline from operators. But the industry will get a much more predictable path to routine BVLOS if the FAA and stakeholders get the transition mechanics right. The worst outcome would be rushed implementation with unclear grandfathering that leaves experienced operators stranded or creates perverse incentives to operate outside the rules. The better outcome is a staged, data-driven transition that recognizes proven operational safety and preserves the small-operator ecosystem that Part 107 enabled.

Bottom line: Part 108 is coming as the logical regulatory response to BVLOS needs, but it is not an erasure of Part 107. Expect a period of overlap and careful transition. If you run operations, treat this as a readiness challenge: tighten your safety case, validate your technology, and be prepared to show operational evidence when the NPRM and subsequent comment period opens. Once the FAA publishes a formal proposal the rumor mill will be replaced by a real timetable. Until then, plan and prepare rather than panic.