New FAA Rules Coming in 2026: What U.S. Drone Pilots Should Know

Key Takeaways

• Part 108 will enable Beyond Visual Line of Sight (BVLOS) operations without requiring individual waivers for each flight, dramatically expanding commercial drone capabilities
• Final rules expected by early-to-mid 2026, following a presidential executive order mandating finalization within 240 days of the August 2025 Notice of Proposed Rulemaking
• New operator roles required: Operations Supervisors and Flight Coordinators will replace traditional remote pilot roles for BVLOS operations
• Drones must meet compliance standards through manufacturer declarations, similar to current Remote ID requirements
• Part 146 creates a framework for Automated Data Service Providers (ADSPs) to manage drone traffic and safety services
• Existing Part 107 rules remain unchanged for visual line of sight operations

The drone industry is on the verge of its most significant regulatory transformation in nearly a decade. The Federal Aviation Administration's proposed Part 108 and Part 146 regulations, expected to be finalized in 2026, will fundamentally reshape how drone pilots operate in U.S. airspace. These new FAA drone rules promise to unlock unprecedented opportunities for commercial operations while maintaining safety standards.

Understanding the New Regulations

The upcoming FAA changes for drones center on two major regulatory additions to the Code of Federal Regulations: 

• Part 108 establishes operating rules for BVLOS operations of highly automated drone systems, including aircraft over 55 pounds. 
• Part 146 creates a framework for certifying organizations that provide automated data services supporting these operations, such as traffic management and deconfliction systems.

Unlike current regulations that require operators to obtain time-consuming waivers for each BVLOS operation, the new system will allow approved operators to conduct ongoing BVLOS missions under operating permits or certificates. This shift represents a move from case-by-case approvals to a standardized framework that accommodates diverse industry needs.

What Changes for Drone Pilots

The new drone pilot rules for 2026 introduce several fundamental changes to how pilots and operators conduct business. First, the concept of the traditional remote pilot will evolve significantly. Under Part 108, operations will be overseen by Operations Supervisors who maintain final authority over all unmanned aircraft operations within their organization. Flight Coordinators will provide tactical oversight of individual flights, though they may not directly fly the aircraft manually.

The regulations emphasize autonomous operations, with human intervention intended only as a last resort. Flight Coordinators won't necessarily have manual control capabilities but will monitor automated systems and intervene when necessary through pre-programmed commands rather than direct piloting.

Not just any drone will qualify for these operations. Aircraft must meet technical safety requirements and receive a "declaration of compliance" from manufacturers, verifiable through an FAA web portal. This process resembles current systems for Remote ID compliance and operations over people.

Operating Permits vs. Certificates

For 2026, the U.S. drone laws establish two pathways for BVLOS operations: 

• Operating permits suit lower-risk operations with limitations on aircraft size, weight, and operational scope. These permits provide a streamlined approval process for routine missions in less densely populated areas.
• Operating certificates, conversely, enable more complex operations with larger aircraft and greater flexibility, including flights over people. However, certificated operations require more rigorous FAA oversight, safety management systems, and comprehensive training programs.

Airspace and Population Considerations

A new category system defines operational boundaries based on population density. Categories range from 1 (sparsely populated areas with minimal airspace restrictions) to 5 (densely populated urban zones). Operators with permits can fly in areas up to Category 3, covering suburban neighborhoods and similar environments. This classification system helps match operational risk with appropriate oversight levels.

Impact on Current Operations

Drone pilots currently operating under Part 107 waivers need not worry about immediate disruptions. Existing waivers remain valid during the transition period, and operators can continue approved missions. Part 107 itself remains unchanged for visual line of sight operations under 400 feet, ensuring continuity for pilots conducting typical commercial work like aerial photography, inspections, and mapping.

The new regulations complement rather than replace Part 107, creating an additional framework for operations that exceed visual line of sight limitations. Recreational pilots following the Exception for Limited Recreational Operations will see no changes to their requirements.

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Preparing for the Future

While final rules aren't expected until early-to-mid 2026, pilots and operators should begin preparation now. This includes staying informed about manufacturer compliance declarations, understanding new operator roles, and evaluating whether operations would benefit from BVLOS capabilities.

Training requirements will evolve significantly. Organizations must develop programs meeting new standards for Operations Supervisors and Flight Coordinators. Work hour limitations similar to manned aviation will apply, restricting operators to 14-hour shifts and 50 hours weekly with mandatory 10-hour rest periods.

Operators planning to pursue BVLOS operations should also research Automated Data Service Providers, as most Part 108 operations will require connection to these traffic management systems. These services provide strategic deconfliction, conformance monitoring, and real-time airspace awareness.

Looking Ahead

The new 2026 FAA drone rules represent two decades of regulatory development, dating back to the first civil drone airworthiness certificate issued in 2005. The transformation from restrictive waiver systems to standardized BVLOS frameworks signals the FAA's commitment to enabling innovation while maintaining safety.

As the 60-day public comment period on the Notice of Proposed Rulemaking closed in October 2025, the FAA is now reviewing industry feedback to finalize the regulations. The drone community eagerly awaits these rules, which promise to revolutionize applications from package delivery and infrastructure inspection to emergency response and agricultural monitoring.

For U.S. drone pilots, 2026 marks the beginning of a new era in unmanned aviation—one where the sky truly opens up for commercial innovation.

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