There are more solutions than obstacles. Nicolas Zart
What the FAA’s Part 108 is trying to do
If you want to get the advanced air mobility (AAM) talking, ask then about the new beyond live of visual sight (BVLOS) FAA proposed part 108 rule in the making. A move embrace by many in the industry, it also draws a lot of criticism and reminds how everything in a disruptive industry is an never ending game of tweaks and refinement.
Last week, we partly covered the FAA’s proposed Part 108 rule with Rex Alexander in our podcast, The Ways We Move.
For almost a decade, serious BVLOS work in the U.S. has depended on individual waivers under Part 107. But the process is slow, location‑specific, and hard to scale. The FAA’s proposed Part 108 rule, published in August 2025, aims to replace most of that waiver system with a permanent framework that would support routine BVLOS operations across the country.
Part 108 introduces performance‑based rules that cover drones up to about 1,320 pounds, with different approval pathways depending on risk. It adds new organizational roles, like an operations supervisor and flight coordinator, and uses “operational areas” instead of per‑flight approvals so operators can fly repeat missions once a defined area has been cleared.
Why many aviation groups are uneasy
Groups like NBAA and Vertical Aviation International support the idea of BVLOS at scale. However, they feel the current draft Part 108 is not ready. Their concerns fall into a few main buckets that matter for both today’s pilots and tomorrow’s AAM operators.
First, right‑of‑way and airspace sharing are major flashpoints. Several organizations warn that parts of the proposal, and related concepts like “shielded operations,” could give unmanned aircraft too much priority near infrastructure and obstacles, where helicopters and low‑level GA already perform real‑world missions. They argue that any change to who yields to whom in busy low‑altitude airspace should only come after reliable detect‑and‑avoid and strong electronic conspicuity are in place for all users.
Paperwork, waivers, and the transition problem
Another complaint is that Part 108 creates a heavy compliance load while failing to give existing safe operators a clear path into the new system. NBAA points out that the proposal would shut down new BVLOS waivers under Part 107 and does not clearly “grandfather” current approvals into Part 108, which could interrupt proven operations that have flown safely for years.
The rule would also require extensive manuals, reporting, and approvals for each operational area, which many see as too much for lower‑risk missions like linear inspections or shielded flights close to structures. Several commenters, including AUVSI and others, have urged the FAA to make the paperwork and oversight truly risk‑based so routine, low‑risk BVLOS can be scaled without swamping both operators and the agency’s own staff.
The technical gaps: detect‑and‑avoid and conspicuity
Vertical Aviation International and other rotorcraft groups focus on the technical side: detect‑and‑avoid, traffic management, and basic electronic conspicuity. They argue that allowing more BVLOS operations without clear performance standards for detect‑and‑avoid could push more risk onto crewed aircraft that cannot easily see or avoid small drones at low level.
VAI’s position paper stresses that the long‑standing right‑of‑way rules in Part 91 only work if both sides can actually see or electronically sense each other. The group supports performance‑based standards for detect‑and‑avoid and traffic management, but wants those standards in place before BVLOS gets broad new privileges in the same airspace used by helicopters, air ambulances, and future AAM flights.
Why this matters for AAM and future airspace
For advanced air mobility, Part 108 is not just a drone rule; it is a preview of how the FAA may think about dense, low‑altitude traffic in general. AAM aircraft will rely on high‑quality weather data, digital traffic services, and predictable rules around separation and right‑of‑way, many of the same ingredients now being debated for BVLOS drones.
If the FAA can refine Part 108 so that BVLOS operations are safely integrated with helicopters, GA, and future eVTOL traffic, it will show that performance‑based standards and shared data can work at scale. But if the final rule leaves gaps around detect‑and‑avoid, electronic conspicuity, or the transition for current operators, it could make the low‑altitude airspace more confusing just as AAM is trying to enter it.
ElectricAirMobility.news has already highlighted how weather, data, and regulation must evolve together for AAM and BVLOS to succeed, including coverage of grid and regulatory challenges for eVTOL charging and future air‑transport rules. As the FAA moves from the Part 108 proposal toward a final rule expected in 2026–2027, the aviation community’s main message is clear: normalizing BVLOS is important, but it must not come at the expense of those already flying safely in that same slice of sky.