Part 108 in Limbo: What the Missed NPRM Deadline Means for BVLOS Operators Worldwide
Treat Part 108 as a global regulatory anchor, not just a US story: trace how delays ripple into EASA, Transport Canada and ANAC reference frameworks operators rely on for scaling BVLOS.
September 16, 2024 came and went. That was the statutory deadline Congress wrote into the FAA Reauthorization Act for the agency to publish a Notice of Proposed Rulemaking on routine Beyond Visual Line of Sight operations. The delay of FAA Part 108 has become one of the most important regulatory stories in the global drone industry. We are now well past the deadline, and the proposed rule that the entire BVLOS economy has been waiting for since the ARC report of March 2022 remains stuck inside OMB review.
For operators outside the United States, FAA Part 108 is not somebody else's problem. The proposed regulation has quietly become the gravitational center that EASA, Transport Canada and Brazil's ANAC orbit when drafting their own BVLOS frameworks. When Washington stalls, the ripple reaches Brasília, Cologne and Ottawa within the same fiscal cycle.
What FAA Part 108 Actually Is and Why It Matters Globally
FAA Part 108 is the proposed federal regulation designed to authorize routine Beyond Visual Line of Sight drone operations without requiring individual waivers for every mission. The objective of FAA Part 108 is to replace the current Part 107 waiver model and the patchwork of exemptions issued under Section 44807.
The proposed framework introduces operator certification requirements, qualified aircraft standards and a right-of-way structure for certain shielded operations. Under draft concepts associated with FAA Part 108, crewed aircraft below 400 feet AGL could be required to yield in specific operational environments.
That provision has generated strong resistance from segments of manned aviation. Organizations such as AOPA have spent months lobbying against changes that alter traditional right-of-way principles, even in highly restricted corridors. Industry observers widely consider this debate one of the reasons FAA Part 108 has faced repeated delays.
Foto: Ian Usher
The Missed Deadline Explained
Congress instructed the FAA to publish the NPRM for FAA Part 108 by September 16, 2024, and finalize the rule within 16 months. Neither milestone has been met.
According to the latest Unified Agenda updates, the FAA completed its internal review and forwarded FAA Part 108 to OIRA, the White House regulatory review office. Industry analysts now expect publication during the first half of 2026, with a final rule potentially arriving in 2027.
Meanwhile, the current waiver process remains overloaded. The FAA issued roughly 230 BVLOS waivers during 2024, most of them limited to utility inspections, rail operations and infrastructure monitoring. For companies attempting to scale multi-state drone programs, that process remains inefficient and difficult to replicate.
Foto: Bernd 📷 Dittrich
How the Delay Impacts EASA, Transport Canada and ANAC
One reality rarely discussed openly is that aviation regulators constantly benchmark one another.
Authorities study proposed rules, compare risk models and align technical standards whenever possible. Because FAA Part 108 is expected to become a major reference document, delays in Washington affect regulatory development elsewhere.
EASA and the Specific Category Bottleneck
EASA has already implemented PDRA-S02 for certain BVLOS operations. However, future amendments to Regulation (EU) 2019/947 are expected to incorporate detect-and-avoid standards that align closely with FAA Part 108 requirements.
Several working groups have acknowledged the importance of understanding how the FAA will ultimately define acceptable DAA performance. Without a published NPRM, portions of the European framework remain difficult to finalize.
Transport Canada and Complex BVLOS Operations
Transport Canada introduced Medium and Lower-Risk BVLOS regulations that became effective in April 2025.
The framework is considered robust, but certification pathways for larger aircraft often reference the same DAA technologies expected to be recognized under FAA Part 108. As a result, manufacturers and operators frequently find themselves waiting for clarity from the United States before making long-term investments.
ANAC and the RBAC-E 94 Revision
Brazil's ANAC has been working on updates to RBAC-E 94 since 2023.
The draft proposal contains several provisions that mirror concepts expected to appear in FAA Part 108, particularly regarding scalable BVLOS operations and risk-based approvals. Delays in the American rulemaking process may therefore influence the timeline for Brazil's final publication.
Companies already conducting delivery operations under special authorizations continue operating through individualized approval pathways while awaiting broader regulatory modernization.
Foto: Magda Ehlers
What Operators Should Do While Waiting for FAA Part 108
Waiting for regulatory certainty is rarely a winning strategy.
The most successful operators are preparing now for the environment that FAA Part 108 is expected to create.
Build SORA Documentation Early
Even operators focused primarily on the United States benefit from developing SORA documentation.
Several leaked discussions and industry workshops suggest that concepts within FAA Part 108 borrow heavily from JARUS risk methodologies. Organizations that establish mature risk assessment processes today are unlikely to waste that effort.
Invest in DAA Technology
Systems such as uAvionix Casia G, Iris Automation Casia X and Echodyne EchoGuard frequently appear in current BVLOS approvals.
As FAA Part 108 moves closer to publication, demand for compliant DAA hardware may increase significantly.
Foto: Julien Goettelmann
Treat Remote ID as a Baseline Requirement
Remote ID should be viewed as the starting point rather than the finish line.
Draft discussions surrounding FAA Part 108 assume operators already comply with Remote ID requirements and may require additional network-based identification services in some scenarios.
Build an Operational Safety Record
Flight hours, maintenance records, incident reports and pilot competency documentation will likely become valuable assets under FAA Part 108.
Operators that can demonstrate a strong safety culture may gain approval advantages once routine BVLOS pathways become available.
The Uncomfortable Truth About Regulatory Anchoring
The global drone industry has become heavily dependent on the pace of FAA decision-making.
There is little technical reason why a medical delivery operator in Brazil should be affected by policy debates occurring in the United States. Yet the practical reality is that FAA Part 108 serves as a reference point for regulators across multiple continents.
EASA could establish independent DAA performance thresholds.
Transport Canada could move further ahead with its own standards.
ANAC could finalize a fully sovereign BVLOS framework.
All three agencies have reasons not to do so. Harmonization offers major benefits for manufacturers, operators and aircraft certification programs.
That incentive keeps FAA Part 108 at the center of global discussions.
As a result, the delay affects far more than American operators. Companies such as Matternet, Zipline and Wing all operate in environments influenced by the outcome of FAA Part 108.
Timelines Worth Monitoring
- First half of 2026: Expected publication window for the FAA Part 108 NPRM.
- Mid-2026: Public comment period likely lasting between 60 and 90 days.
- Q3 2026: Potential EASA amendments incorporating FAA-aligned DAA criteria.
- Late 2026: Possible publication of ANAC's revised RBAC-E 94 framework.
- 2027: Most realistic estimate for the final FAA Part 108 rule.
Key Takeaways
If you operate a BVLOS program anywhere in the Americas or Europe, stop treating FAA Part 108 as a purely American issue.
The delayed rule influences regulatory decisions across multiple jurisdictions. EASA, Transport Canada and ANAC continue monitoring developments closely. Every month of delay slows harmonization efforts and prolongs reliance on waiver-based operations.
The NPRM remains under OIRA review and is unlikely to appear before 2026.
Operators should continue building SORA documentation, investing in compliant DAA technologies and collecting operational evidence.
The greatest risk is not the content of FAA Part 108 itself. The greatest risk is another year of scaling BVLOS operations through case-by-case approvals while competitors operating in faster-moving jurisdictions continue advancing.