Part 108 readiness

Will Your BVLOS Waiver Carry Over to Part 108?

Based on the proposed rule (NPRM, docket FAA-2025-1908) as of July 2026. Transition provisions are precisely the kind of thing that changes in a final rule; the timeline page tracks status.

Quick answer: based on the draft, not indefinitely. The proposal's position is that existing BVLOS waivers and exemptions don't carry over beyond a transition period, and the draft doesn't say how long that period is. That unspecified window is what's driving the anxiety. The useful response isn't alarm; it's mapping your operation to the proposed tiers now so the transition is a filing exercise, not a scramble.

What the draft actually says

Under the proposal, BVLOS authority moves from case-by-case waivers to standing rules with two tiers (permits and operating certificates). Existing waivers keep working through a transition period, after which operations are expected to hold a Part 108 authorization instead. The length of that period is unspecified in the draft, which means the final rule will set it, and transition provisions drew heavy comment attention.

The honest uncertainty

Two things nobody outside the FAA knows: when the final rule publishes (the March 2026 executive-order target slipped; expectations run from imminent to another year or two), and what the transition window will be. Anything you read that states either with confidence is guessing. What experienced waiver operators have said publicly is worth more: several note the proposed conditions are in some respects lighter than early waiver conditions, so for a well-run operation the transition looks like workload, not threat.

Three low-regret moves for waiver holders

  • Map your waiver to the proposed tiers. Read your current conditions against the permit and operating-certificate paths (what each tier is) so you know which one your operation fits and what the certificate tier's SMS and training expectations would mean for you.
  • Keep your operational documentation current. The operating-certificate tier is built around documented process. A waiver operation that already documents like a certificate holder transitions on paper it already has.
  • Know whether your airspace triggers certificated services. Under the proposal, controlled airspace and higher population categories require services from certificated providers (the ADSP explainer covers the matrix). Where you fly determines what you'd need to procure.

The readiness checklist turns this into a working list.

Whatever the transition looks like, your team still needs to see the flight while it happens. That part exists today: live drone video on any network.

FAQ

Will my BVLOS waiver carry over to Part 108?

Based on the proposed rule: not indefinitely. The draft's position is that existing waivers and exemptions do not carry over beyond a transition period whose length the proposal does not specify. That unspecified window is the source of most of the anxiety, and it is exactly the kind of provision that may change in the final rule after comment pressure.

How long is the transition period?

Unspecified in the draft. That is the honest answer. The final rule will need to set it, and transition provisions are a named item on most practitioners' final-rule watchlists.

Should I stop investing in my current waiver?

No; your waiver is what authorizes your operation today, and the final rule's timing is uncertain (expectations range from imminent to one or two more years). Experienced waiver operators have also noted publicly that the proposed Part 108 conditions are in several respects easier than early waiver conditions, so the transition is likely a workload change, not a cliff.

What should a waiver operator do right now?

Three low-regret moves: map your current waiver conditions against the proposed permit and operating-certificate tiers so you know which path fits your operation; keep your operational documentation current, since the certificate tier expects SMS and training structure; and watch the final rule for the transition provisions rather than relying on secondhand summaries. Our readiness checklist covers the operational side.

Do waiver operations need certificated service providers today?

No. The Part 146 certificated-provider requirements are part of the proposed Part 108 framework, not of today's waiver regime. Under the proposal, whether a future Part 108 operation needs certificated services depends on its airspace and population category.

Sources

FAA/TSA joint NPRM "Normalizing UAS Beyond Visual Line of Sight Operations" (docket FAA-2025-1908) and practitioner-community discussion as of July 2026. This page describes the PROPOSED rule; transition provisions in particular may change in the final rule.

This page is for general orientation and may not reflect the latest regulatory changes. It is not legal advice: confirm current rules, fees, and permitted zones with your country's civil aviation authority before you fly.