Regulation tracker

Part 108, day 108.

The FAA's rule for routine beyond-visual-line-of-sight flight has been at White House review since Jul 10, 2026. What it would change, every key date, and the other rules deciding how fast drone delivery spreads.

Part 108 timeline

  1. Proposal published: Aug 7, 2025
  2. Comments closed: Oct 6, 2025 (3,000+ comments)
  3. Right-of-way comments closed: Feb 11, 2026
  4. At White House review: Jul 10, 2026 (OIRA)
  5. Final rule published: Pending (FAA hopes by end of 2026)
  6. Effective date: Pending (Typically 30–60 days later)

What Part 108 would change

  • A permit or certificate instead of waivers. Operators would qualify once and fly routine BVLOS operations, instead of asking the FAA case by case.
  • Right of way is the sticking point. A provision giving Part 108 drones presumptive right of way over manned aircraft that are not broadcasting their position is the main reason the rule slipped.
  • Part 146 data service providers. Companies that deconflict drone traffic would be certified under a new Part 146, proposed in the same package.
  • Airworthiness by declaration. Aircraft would meet a consensus standard through a means or declaration of compliance, shifting work to manufacturers.
  • Manufacturer limits. The declaration path applies only to manufacturers in the US or in countries with bilateral airworthiness agreements.
  • Security rule from TSA. TSA is writing companion security requirements and will brief operators in closed roundtables after publication.

Beyond Part 108

  • Part 146: Automated data service providers (Proposed). Proposed alongside Part 108 to certify the services that deconflict drone traffic. Moves with the Part 108 final rule.
  • Part 135: Air carrier certificate (In force). How delivery flies today. DoorDash became the eighth drone operator to hold one in July 2026.
  • BVLOS today: Waivers and exemptions (In force). Until Part 108 takes effect, BVLOS needs a Part 107 waiver, a Section 44807 exemption or a Section 927 waiver.
  • NEPA: Environmental assessment per site (Per site). Each new hub needs an FAA environmental review. Zipline's five-metro Texas assessment closed comments on Oct 11, 2026.
  • TSA: Companion security rule (Drafting). TSA is finalizing security requirements for BVLOS operators in coordination with the FAA.
  • Local: Zoning for drone hubs (Emerging). The FAA controls the airspace; towns control land use. Westborough, MA voted 510–13 to ban commercial drone pads; Northglenn, CO and Round Rock, TX are writing hub rules.
  • State: State airport approvals (Emerging). MassDOT says a drone takeoff area is a landing area under state law and needs a state certificate plus a public hearing. 15 states and Harris County are suing over the FAA's nationwide drone delivery environmental review.
  • FCC: 800 MHz cellular band for drones (Vote Oct 29). A draft order lifts a 1991 airborne-use ban, opening 50 MHz of low-band carrier spectrum to drones. AT&T, Verizon and Zipline backed it.

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