FAA 2028 BVLOS Rule: What US Drone Pilots Should Prepare Now

The single most consequential regulatory change facing US commercial drone operators between now and 2028 is the finalization of 14 CFR Part 108, the Beyond Visual Line of Sight (BVLOS) framework that the Federal Aviation Administration (FAA) published as a Notice of Proposed Rulemaking in August 2025. Pilots who position themselves now will own a BVLOS-eligible operations base on the day Part 108 takes effect; pilots who wait will be 12 to 18 months behind on certification documentation, equipment validation, and operational track record.

This article maps the legal status of BVLOS today, the proposed Part 108 framework, and the concrete preparation steps a Part 107 operator can take during 2026 and 2027 to be ready when the rule becomes final.

1. The Current BVLOS Regime — Waiver-Only Under § 107.31

Under the existing rule set, every commercial small unmanned aircraft operation in the United States is governed by 14 CFR Part 107. Section § 107.31 requires that the remote pilot in command (or a designated visual observer) maintain unaided visual line of sight (VLOS) with the aircraft at all times during flight. Binoculars are permitted only for momentary verification — not continuous observation.

Operations that exceed VLOS — by distance, terrain obstruction, or beyond-the-horizon flight — require a § 107.200 waiver of § 107.31. The FAA has historically granted these waivers selectively, generally for operators with proven safety records, defined corridors (power lines, pipelines, agriculture fields), and comprehensive risk mitigation packages including detect-and-avoid technology, operational ground crew protocols, and emergency response plans.

Application timelines are long: 90 days is typical, with complex applications taking six months or more. The list of currently issued waivers is searchable at https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued.

The result is a bottleneck. Long linear infrastructure inspection — the highest-value commercial BVLOS use case — is throttled by waiver scarcity.

2. Statutory Mandate — Section 932 of the FAA Reauthorization Act of 2024

The FAA Reauthorization Act of 2024 (Public Law 118-63), signed into law on May 16, 2024, included Section 932, which directed the Secretary of Transportation to issue a final BVLOS rule. This statutory deadline gave the FAA a binding obligation to promulgate Part 108.

The full text of the FAA Reauthorization Act is published at https://www.govinfo.gov/. Section 932 specifically required FAA to publish a Notice of Proposed Rulemaking — which arrived in August 2025, when Transportation Secretary Sean P. Duffy formally unveiled the proposed BVLOS rule.

Resources: https://www.faa.gov/newsroom/beyond-visual-line-sight-bvlos

3. The Proposed Part 108 Framework — What the NPRM Contains

The Part 108 NPRM proposes a routine BVLOS pathway that does not require an individual § 107.200 waiver. The major elements include:

3-1. Airworthiness Acceptance

Aircraft used in routine BVLOS operations under Part 108 must demonstrate airworthiness through one of two pathways:

• A Declaration of Compliance (DOC) — manufacturer self-attestation against published performance standards (similar to the existing Part 89 Remote ID DOC pathway under § 89.320), OR
• A Special Airworthiness Certificate issued by the FAA.

3-2. Detect and Avoid (DAA) Equipment

The proposed rule mandates DAA capability calibrated to operational risk. Long-range fixed-wing inspection drones operating in shared airspace will require a different DAA class than short-range multirotor inspection drones operating below crewed traffic patterns.

3-3. Networked Information Protocols

Part 108 contemplates a networked information environment in which BVLOS operators publish flight intent and consume real-time airspace data. This builds on the Remote ID broadcast infrastructure mandated under 14 CFR Part 89 since September 16, 2023 (https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-89).

3-4. Operator Qualification

Operators must hold a Part 107 Remote Pilot Certificate (the existing credential under § 107.61 and § 107.63) plus additional BVLOS-specific qualifications. The exact additional curriculum is in the NPRM comment phase.

3-5. Final Rule Timeline

The FAA's NPRM comment process extended into 2026. Industry analysts and the FAA's own published timeline expect a final rule in 2026 or 2027, with operational compliance dates in 2028. This is the basis for the "FAA 2028 BVLOS rule" framing used by industry press.

4. Common Misunderstandings — A Gyoseishoshi Compliance Lens

As MmowW Drone is operated by a licensed Gyoseishoshi (行政書士) office in Japan, we observe these recurring misunderstandings among operators preparing for Part 108:

Misunderstanding 1: "Part 108 will replace Part 107." Incorrect. Part 108 will operate alongside Part 107. Part 107 continues to govern VLOS commercial small UAS operations under 55 lb. Part 108 adds a routine BVLOS framework. Most commercial work — real estate photography, event coverage, short-range inspection — will remain a Part 107 operation.

Misunderstanding 2: "I can ignore Remote ID until Part 108 forces my hand." Incorrect. Remote ID broadcast under 14 CFR Part 89 has been mandatory since 2023-09-16. Operating without Remote ID compliance today is a violation under § 89.110, with civil penalties up to $27,500 per violation. Part 108 will assume Remote ID compliance as a baseline.

Misunderstanding 3: "My current § 107.31 waiver will automatically convert to a Part 108 authorization." Unverified. The NPRM does not guarantee automatic conversion. Existing waiver holders may need to demonstrate continued compliance under Part 108 standards.

5. Five Concrete Preparation Steps for 2026–2027

Step 1 — Maintain Part 107 Currency Without Lapse

Under § 107.65, Part 107 remote pilots must complete the FAA online recurrent training (course ALC-677) every 24 calendar months. The course is free and contains no exam. Lapse means you cannot legally exercise Part 107 privileges — and any future BVLOS application will start from a deficiency. Verify your IACRA currency record and set a calendar reminder 60 days before your 24-month anniversary.

Reference: https://www.faa.gov/newsroom/recurrent-training-courses-drone-pilots-available-online

Step 2 — Achieve and Document Remote ID Compliance

Confirm every aircraft in your fleet either (a) is a Standard Remote ID drone with a valid manufacturer DOC listed in the FAA UAS Remote ID Declarations database, or (b) carries an FAA-accepted broadcast module. Retain DOC documentation in your maintenance records.

Reference: https://www.faa.gov/uas/getting_started/remote_id

Step 3 — Build a BVLOS-Caliber Flight Log Discipline

Part 107 does not federally mandate flight logs, but Part 108 BVLOS authorization will hinge on operational track record. Begin logging every flight today with: date, time (local and UTC), GPS coordinates, aircraft registration, pilot certificate number, weather (visibility, wind), airspace class, LAANC authorization ID, pre-flight inspection completion, Remote ID confirmation, and any anomalies. Retain logs for at least 3 years.

Step 4 — Apply for a § 107.31 BVLOS Waiver Now if Your Use Case Qualifies

Operators who hold an active § 107.31 waiver under the current regime enter Part 108 with a documented operational history. Application is via FAA DroneZone at https://faadronezone-access.faa.gov/. Expect a 90+ day review.

Step 5 — Track DAA Equipment Specifications

Part 108 will require DAA equipment matched to the operational risk class. Begin evaluating DAA-capable platforms — typically integrated systems combining ADS-B receivers, optical sensors, and acoustic detection. Manufacturer documentation will be the basis for DOC submissions under Part 108.

6. State and Local Law Will Not Disappear

A common error among operators planning long-range BVLOS operations is to assume federal preemption resolves all jurisdictional questions. Under 49 U.S.C. § 40103, FAA holds exclusive authority over navigable airspace, but states and localities retain authority over launch and landing sites, privacy, surveillance, trespass, and noise. A 50-mile linear inspection corridor will cross multiple county and state jurisdictions, each with its own privacy and trespass statutes.

Florida's Freedom from Unwarranted Surveillance Act, Texas's Tex. Gov't Code Chapter 423, and California Civil Code § 1708.8 are illustrative. Pre-flight legal review of every county along a planned BVLOS corridor is best practice.

7. What Part 108 Will Mean for the Market

Industry estimates suggest that BVLOS-eligible commercial drone operations could expand the addressable US market by 3 to 5 times within five years of Part 108 finalization. The biggest beneficiaries:

• Long linear inspection — power transmission, pipelines, railways
• Precision agriculture — multi-field BVLOS scouting
• Search and rescue — extended-range operations
• Last-mile delivery — once integrated with Part 135 air carrier requirements

Operators positioned today with Part 107 currency, full Remote ID compliance, documented flight history, and DAA-capable equipment will move first. Those without will be 12 to 18 months behind on day one.

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Disclaimer

This article provides legal information, not legal advice. MmowW Drone is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not US attorneys or licensed FAA legal counsel. For binding legal opinions on FAA compliance, consult a US-licensed aviation attorney.

Sources

1. FAA UAS Main Portal — https://www.faa.gov/uas
2. 14 CFR Part 107 (eCFR) — https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107
3. 14 CFR § 107.31 — Visual Line of Sight — https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107/subpart-B/section-107.31
4. 14 CFR Part 89 — Remote ID — https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-89
5. FAA Beyond Visual Line of Sight (BVLOS) Newsroom — https://www.faa.gov/newsroom/beyond-visual-line-sight-bvlos
6. Part 107 Waivers Issued (searchable database) — https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued
7. FAA Reauthorization Act of 2024 (govinfo) — https://www.govinfo.gov/