/ News & Airspace • By Ray Richardson • • 2 min read

BVLOS ARC Report: The Rulemaking Chronology Behind Part 108

The BVLOS ARC report was submitted on 10 March 2022. It led to the Part 108 NPRM on 7 August 2025 and OIRA review on 10 July 2026. ARC recommendations are not operative law.

BVLOS ARC Report: The Rulemaking Chronology Behind Part 108
Regulatory Chronology Notice — Updated 3 September 2026

The BVLOS Aviation Rulemaking Committee (ARC) submitted its final report on 10 March 2022. The FAA is not currently drafting the NPRM; the Part 108 NPRM was officially published on 7 August 2025 (90 FR 38212, Docket FAA-2025-1908), and the draft Final Rule moved to OIRA review on 10 July 2026. An ARC recommendation is not an NPRM, and an NPRM is not a final regulation.

The Brief

The BVLOS Aviation Rulemaking Committee (ARC) delivered its comprehensive recommendations to the FAA on 10 March 2022, proposing a risk-based approach to beyond-visual-line-of-sight drone operations. That advisory report served as the conceptual groundwork for the formal Part 108 Notice of Proposed Rulemaking, which the FAA published in the Federal Register on 7 August 2025 (90 FR 38212, Docket FAA-2025-1908).

Working operators must maintain a clear distinction along the rulemaking continuum: ARC recommendation ≠ NPRM ≠ final regulation. ARC proposals do not carry legal authority, and even the subsequent NPRM proposals remain non-binding until the final rule completes OIRA executive review, publishes in the Federal Register, and takes statutory effect.

Flight-Ready Breakdown

Rulemaking Baseline

What Changed

The ARC process concluded on 10 March 2022. The FAA published the Part 108 NPRM on 7 August 2025, and submitted the draft final rule to OIRA on 10 July 2026 (RIN 2120-AL82).

Who is Affected

Commercial Part 107 pilots tracking federal policy shifts from exception waivers to standardized operational rules.

Why it Matters

Understanding the precise regulatory status prevents flight departments from misinterpreting advisory committee concepts as legally enforceable flight rights.

Before Next Mission

Plan all BVLOS operations through approved 14 CFR § 107.31 waivers or remain in visual line of sight. ARC proposals offer zero waiver-free operating relief today.

What Not to Assume

Do not assume the FAA is still drafting the Part 108 NPRM. Do not assume ARC recommendations were adopted verbatim in the proposed or draft final rule. Do not assume Part 108 is live.

Chronology of BVLOS Rulemaking

The development of normalized BVLOS flight follows a multi-year federal pipeline:

  • 10 March 2022: BVLOS ARC delivers its Final Report and 87 consensus recommendations to the FAA Administrator.
  • 7 August 2025: FAA publishes the Part 108 NPRM (90 FR 38212, Docket FAA-2025-1908) proposing airworthiness, operations, and licensing rules.
  • 10 July 2026: FAA transmits the draft Part 108 Final Rule to OIRA under RIN 2120-AL82 for interagency review.

Until OIRA review concludes, the FAA Administrator signs the final rule, and the regulation takes effect, Part 107 remains the operative law of the land.

Bottom Line

The ARC report is historic advisory history, not current law. Fly strictly under Part 107.

Correction (3 September 2026): An earlier version of this article erroneously implied that the FAA was still drafting the Part 108 NPRM based on ARC proposals. The ARC report was submitted in March 2022; the Part 108 NPRM was published on 7 August 2025 (90 FR 38212, Docket FAA-2025-1908), and the draft final rule entered OIRA review on 10 July 2026. This article has been updated to reflect the verified chronology.

Sources

The Drone Pilot Brief does not accept payment for editorial coverage.

Ray Richardson

About Ray Richardson

Part 107 Commercial UAS Operator, former manned aviation journalist, and Editor-in-Chief of The Drone Pilot Brief. Specializing in regulatory workflows, GIS mapping telemetry, and advanced fleet operations.

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