FAA Drone Delivery Rules in 2026: Part 108 Is Still Proposed

The FAA has not put a new Part 108 drone-delivery rule into effect. As of this review on 16 July 2026, Part 108 and the associated Part 146 framework remain a proposed rule.

That distinction matters. A proposal describes the system the FAA wants to create; it does not give an operator new authority today. Current delivery operations still depend on the authority that applies to the particular operation, aircraft and airspace, including Part 107, Part 135 certification, exemptions, waivers and airspace authorisations.

This article replaces an earlier version that incorrectly described Part 108 as a final rule taking effect in phases from July 2026. It also removes invented operating categories, launch dates, pilot-to-aircraft ratios and community provisions that were not supported by the FAA proposal.

The short answer

For a small UAS operation within the ordinary Part 107 envelope, the FAA's current Part 107 summary remains the starting point. It says, among other things, that the aircraft must ordinarily remain within sight, one person cannot serve as pilot or visual observer for more than one drone operation at a time, and certain restrictions may be waived if the applicant demonstrates an equivalent level of safety.

For package delivery conducted as air transportation, the FAA's current package-delivery page describes operator certification under Part 135, together with the certificates, exemptions, waivers and operations specifications applicable to the operation.

The proposed Part 108 would create a more scalable route for many beyond-visual-line-of-sight, or BVLOS, operations. But it is not yet a current operating permission.

What Part 107 allows today

Part 107 covers a wide range of civil small-UAS operations involving aircraft under 55 pounds. Its baseline limits include:

• keeping the drone within the unaided sight of the remote pilot or visual observer;
• avoiding manned aircraft and careless or reckless operation;
• a maximum altitude of 400 feet above ground level, with the structural exception described by the rule;
• a maximum groundspeed of 87 knots;
• airspace authorisation where required; and
• a remote pilot certificate for the person operating the controls, unless that person is directly supervised as the rule permits.

Part 107 can support transportation of property for compensation or hire within the limits stated by the rule. That is not the same thing as a routine multi-aircraft BVLOS delivery network. An operator seeking to depart from a waivable Part 107 restriction must obtain the relevant waiver before relying on it.

The practical test is therefore not, "Does the company call this drone delivery?" It is, "What certificate, waiver, exemption, airspace authorisation and aircraft approval cover this exact operation?"

Why Part 135 appears in drone delivery

The FAA currently treats package-delivery operations involving air transportation through the Part 135 operator-certification path. Its package-delivery material says the agency issues certificates, exemptions, waivers and operations specifications for those operations.

Part 135 status by itself should not be read as unlimited BVLOS authority. The operator's actual authority is defined by its certificate and approved operating documents, along with any exemption or waiver and the limits attached to them. Aircraft approval, environmental review, local launch and recovery arrangements, and controlled-airspace access can also be separate pieces of the deployment.

For residents, customers and potential partners, this means a company announcement is not the regulatory record. The useful questions are:

1. Who is the certificated operator?
2. What operation specifications, exemptions and waivers apply?
3. Which aircraft and operating area are covered?
4. What altitude, route, people-overflight and contingency limits apply?
5. Has the FAA completed the required environmental and airspace work for that location?

What the proposed Part 108 would change

The FAA and Transportation Security Administration published the BVLOS proposal in the Federal Register on 7 August 2025 under docket FAA-2025-1908. The published proposal identifies itself as a proposed rule and closed for comments on 6 October 2025.

At a high level, the proposal would establish:

• a new Part 108 for covered BVLOS operations;
• operating permits and operating certificates with different levels of organisational control;
• rules for operations over people, controlled airspace, multiple aircraft, right of way, maintenance, records and reporting;
• an airworthiness-acceptance path based on declarations, consensus standards and FAA oversight;
• personnel roles built around an operations supervisor and flight coordinator rather than simply extending every Part 107 remote-pilot concept; and
• a proposed Part 146 for certificated automated data service providers supporting strategic deconfliction and conformance monitoring.

Those are proposal features, not present-day privileges. The FAA may change them before any final rule, and a final rule would specify its own effective and compliance dates.

What the proposal does not establish today

It does not create a July 2026 start date for standard Part 108 delivery operations. It does not make every Part 135 delivery operator a Part 108 operator. It does not establish a simple three-tier suburban-versus-urban schedule or a universal ratio of one remote pilot to a set number of aircraft.

It also does not decide which delivery company will scale fastest. Amazon Prime Air, Wing, Zipline and other operators have different aircraft, certificates, exemptions, partners and approved operating areas. Comparing their press releases without comparing those regulatory documents creates a false like-for-like race.

How to follow the rule without being misled

Use a three-column check whenever a Part 108 claim appears:

Question	Current authority	Proposed future framework
Can this flight operate now?	Part 107, Part 135 and the operator's actual approvals	No authority merely from the proposal
Can it fly BVLOS?	Only under the relevant current waiver, exemption or other approval	Part 108 is intended to normalise many BVLOS operations
Can one person oversee multiple drones?	Check the current approval; ordinary Part 107 restricts participation in more than one operation at a time	Proposed Part 108 contains a different organisational model
Is a data-service network mandatory?	Depends on current approvals and operating environment	Proposed Part 146 would regulate automated data service providers
When does the new system begin?	No Part 108 effective date exists yet	A future final rule would set dates

The FAA's BVLOS page continues to call the framework a proposed rule. That is the quickest public status check. The Federal Register docket is the better source for the actual text and any later rulemaking action.

The operational bottom line

Drone delivery is already occurring in the United States, but it is occurring through current approvals rather than an effective Part 108 regime. Part 108 matters because it could replace repeated case-by-case pathways with a broader operating framework. Until the FAA publishes a final rule, the words proposed Part 108 should stay together.

Anyone planning, funding or hosting a delivery operation should inspect the operator's current FAA authority for the exact aircraft, route and location. A future framework is not a substitute for present approval.

Sources reviewed

• FAA Part 107 summary
• FAA package delivery by drone, Part 135
• FAA BVLOS proposed-rule status
• Federal Register: proposed Parts 108 and 146