Part 108 is the FAA rule that would permit routine drone flight beyond visual line of sight, known in the industry as BVLOS. It is the framework aimed at delivery, infrastructure inspection, and large-area mapping, and it has been the most closely watched piece of drone rulemaking in a decade.
On 10 July 2026 it moved. The FAA sent the final rule to the Office of Information and Regulatory Affairs, the last significant procedural stop before a rule publishes in the Federal Register.
That is a genuine change from where things stood in the spring. It is worth being precise about what it does and does not mean.
What Does It Mean That Part 108 Is at OIRA?
OIRA sits inside the Office of Management and Budget and reviews significant federal rules before they publish. A rule arriving there means the agency has finished its work and the draft is in final interagency review. Nothing about the text is public at this stage, and it can still change.
| Stage | Status | Date |
|---|---|---|
| Notice of proposed rulemaking published | Complete | 7 August 2025 |
| Public comment period closed | Complete, roughly 3,100 comments | October 2025 |
| Comments reopened on detect and avoid | Complete | January 2026 |
| Unified Agenda target for a final rule | Missed | July 2026 |
| Final rule sent to OIRA | Complete | 10 July 2026 |
| Federal Register publication | Pending | Not scheduled |
| Compliance dates begin | Pending | Expected well after publication |
When Will Part 108 Actually Publish?
OIRA review of a significant rule can run up to 90 days, which puts the nominal window at early October 2026. Extensions are routine and this rule is large, so most analysts covering it expect publication somewhere between late 2026 and early 2027.
Publication is also not the same as permission. A final rule carries compliance dates, and for a framework this size those typically sit a year or more beyond publication. The practical answer for anyone hiring a drone operator in 2026 is that Part 108 authority does not exist yet and will not exist this year.
This is general information about a rulemaking in progress, not legal advice. The authoritative sources are the FAA and the Federal Register entry itself once it publishes.
Does Part 108 Change Anything About Your Listing Shoot?
No, and it never was going to.
A drone orbiting a house for listing photography stays within the pilot's visual line of sight by definition. The property fits in one frame. Part 108 addresses flights where the aircraft travels somewhere the pilot cannot see it, which is a delivery and inspection problem rather than a real estate photography problem.
What Part 108 does change is the noise level. Every time the rule moves, a wave of marketing follows it, and some of that marketing is wrong.
What Should You Ask a Drone Photographer Today?
Part 107 governs every paid drone flight over a Florida property right now. That does not change when Part 108 publishes, because Part 108 sits alongside Part 107 rather than replacing it.
- Do you hold a current Part 107 Remote Pilot Certificate, and what is the certificate number?
- Is the aircraft Remote ID compliant?
- Do you carry commercial drone liability insurance, and at what limit?
- How do you handle LAANC authorization near controlled airspace?
- Are you familiar with the permanent flight restrictions over the Orlando theme parks?
If an operator claims to be "Part 108 certified," they are mistaken or bluffing. No such certificate exists to hold. Part 107 certificate numbers are verifiable through the FAA airman registry.
Why Does This Matter in the Orlando Corridor?
Central Florida is one of the harder places in the country to fly legally. Permanent flight restrictions cover Walt Disney World and Universal Studios airspace outright. Properties near Orlando International, Orlando Executive, Orlando Sanford, or Kissimmee Gateway sit inside controlled airspace that requires LAANC authorization before takeoff.
Much of the ChampionsGate, Reunion, Davenport, and Solara corridor is flyable with the right clearance. A meaningful share of it is not. That determination belongs before a shoot is booked, not while a crew is standing in the driveway.
Jet Media Productions is FAA Part 107 certified, flies Remote ID compliant aircraft, carries commercial liability insurance, and files LAANC authorizations in-house. Drone aerials are included at no additional cost in every real estate and vacation rental package.
What to Watch Next
The signal worth watching is a Federal Register entry, not a press release. When Part 108 publishes it will carry an effective date and a set of compliance deadlines, and those dates are the only part that changes anyone's operations.
Checking airspace on a specific address? Call (321) 800-5294 and we will look it up before you book.