Part 108 is not currently operative law. The draft final rule was received by the Office of Information and Regulatory Affairs (OIRA) on 10 July 2026 under RIN 2120-AL82. OIRA review does not constitute publication, an effective date, or operational authority. Part 107 still governs ordinary commercial small-UAS work, plus whatever waiver you actually hold. Part 135 carriers are on a different certificate. OIRA review of Part 108 does not move anyone from one pile to the other.
The Brief
The FAA’s draft Part 108 Beyond Visual Line of Sight (BVLOS) final rule package is currently undergoing executive interagency review at the Office of Information and Regulatory Affairs (OIRA) under RIN 2120-AL82, following formal transmittal on 10 July 2026. This administrative milestone follows the August 2025 Notice of Proposed Rulemaking (NPRM, Docket FAA-2025-1908).
For working remote pilots, the practical boundary is absolute: proposal ≠ rule. Transmission to OIRA does not grant provisional BVLOS privileges, nor does it relax visual observer mandates under 14 CFR § 107.33. Part 107 still governs ordinary commercial small-UAS work, plus whatever waiver you actually hold. Part 135 carriers stay on that certificate until a published Part 108 rule actually applies to them.
Flight-Ready Breakdown
Regulatory VerificationWhat Changed
The FAA forwarded its draft Part 108 final rule to OIRA on 10 July 2026 under RIN 2120-AL82 for interagency review pursuant to Executive Order 12866. This is an administrative review step, not regulatory enactment.
Who is Affected
Commercial Part 107 pilots, enterprise inspection operations, agricultural applicators, and logistics desks planning long-range capital expenditures.
Why it Matters
While Part 108 promises a standardized regulatory framework to replace case-by-case § 107.31 waivers, premature reliance on draft proposals creates severe enforcement and liability risks.
Before Next Mission
Confirm that every mission profile adheres strictly to visual line-of-sight boundaries or your specific, approved Part 107 waiver provisions. Do not alter CONOPS based on draft text.
What Not to Assume
Do not assume OIRA review makes Part 108 operative. Do not assume NPRM proposals in Docket FAA-2025-1908 represent final law. Do not assume visual observers can be removed without an approved waiver.
Understanding the Administrative Timeline
Federal rulemaking follows a strict administrative sequence. The Part 108 Notice of Proposed Rulemaking was published on 7 August 2025 (90 FR 38212, Docket FAA-2025-1908). Following public comment analysis, the FAA drafted its final rule text and submitted it to OMB's Office of Information and Regulatory Affairs on 10 July 2026.
Under Executive Order 12866, OIRA reviews economically significant regulations to coordinate interagency policy. Even when OIRA concludes its review, the rule must be formally signed by the FAA Administrator, published in the Federal Register, and undergo a statutory implementation period (typically 60 to 240 days) before any remote pilot may operate under its provisions.
Bottom Line
Part 107 still governs ordinary commercial small-UAS work, plus whatever waiver you actually hold. Part 135 carriers stay on that certificate until a published Part 108 rule actually applies to them.
Sources
- • Office of Information and Regulatory Affairs (OIRA): Executive Review Dashboard, RIN 2120-AL82 (Received 10 July 2026) — https://www.reginfo.gov/public/do/eoDetails?rrid=1457213
- • Federal Register: Normalization of Commercial Beyond Visual Line of Sight Operations, Docket FAA-2025-1908 (NPRM published 7 August 2025, 90 FR 38212) — https://www.regulations.gov/docket/FAA-2025-1908
- • 14 CFR Part 107: Small Unmanned Aircraft Systems — https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107
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