SIGNAL DOSSIER/VOL. 02-AO

The Waiting Room: Part 108 Pending at OIRA While Operators Set Dates

STRATEGIC INTELLIGENCE UNIT, Published Q3 2026

DRONE INTELLIGENCE EDITORIAL TEAM|Q3 2026|10 PRIMARY SOURCES

EXECUTIVE SIGNAL

On September 2, 2026, at Commercial UAV Expo in Las Vegas, Jessica Jones, the FAA's Executive Director of the Office of Advanced Aviation Technologies, set out the agency's case for its beyond-visual-line-of-sight rule: "Getting Part 108 solves a major problem for the FAA: it gets away from one-off approvals to a more scalable, predictable NAS", so that companies can develop their businesses and invest, per DroneLife's report of the session. On September 8, reginfo.gov still listed the final rule as pending review. The federal regulatory review register lists the FAA's final rule, Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations (RIN 2120-AL82), as pending review at the Office of Information and Regulatory Affairs, received July 10, 2026, per reginfo.gov read on September 8. Part 108 was due as a final rule on February 1, 2026 under an executive order, and the Department of Transportation has said the delay since is deliberate rather than backlog, per DroneXL.

Operators have announced milestones while the rule remains pending. DoorDash Air holds Part 135 air carrier certification, the eighth US drone operator to receive it, with deliveries expected to launch in fall 2026, per TechRepublic citing Business Insider. Uber and Zipline announced on August 17 a partnership that aims to reach one million drone deliveries per day by the end of 2029, with first deployments later this year and a strategic investment by Uber, per Uber's release. Amazon says Prime Air plans to serve nearly 500 cities and towns by the end of 2026 from 11 locations today, per Amazon. On the passenger side, Joby expects its first flights under the eVTOL Integration Pilot Program in September, flying routes across the Dallas-Fort Worth area over a week, and continues to target carrying its first passengers in 2026, per its second-quarter shareholder letter.

The same week the FAA spoke, the cost side of the market had its dates: Section 232 tariffs on imported drones were scheduled to take effect September 3, and comments were scheduled to close September 2 in the FCC proceeding that would pull import clearance from foreign drones the agency has already approved, per DroneXL. The restrictions had published dates. On September 8, reginfo.gov still listed the enabling rule as pending review.

SIGNAL 01, THE FAA MADE ITS CASE FOR A RULE STILL IN REVIEW

Jones framed Part 108 as an escape from case-by-case approvals into a predictable airspace system that companies can invest against, per DroneLife. She placed the rule inside a wider programme: "We need to focus on airspace modernization. This is about modernizing the NAS", and that "the sharing of information is necessary" and part of the plan, per DroneLife.

Jones also said: "UTM systems have already deconflicted 1.5 million BVLOS operations, with that number expected to grow", per DroneLife. FAA Associate Administrator Ben Supko, on the same stage, said: "When we have more data, we are able to determine when a drone is behaving outside of normal parameters", and "We want as much as possible to mitigate with ground resources", per DroneLife.

STRATEGIC IMPLICATION

The Expo statements describe the FAA's intended purpose for Part 108 and give one operational figure. reginfo.gov separately records the rule as pending at OIRA.

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SIGNAL 02, THE REVIEW CLOCK: JULY 10 PLUS 90 DAYS IS OCTOBER 8

The rule reached OIRA on July 10, 2026, per Commercial UAV News and the reginfo.gov listing, which on September 8 still shows it as a final rule, pending review, agency DOT-FAA. Commercial UAV News notes the caveat that "the OIRA has a 90-day review process for significant draft regulations before federal agencies can publish them". Ninety days from July 10 is October 8.

The proposed rule drew roughly 3,100 responses in its initial comment period, per Commercial UAV News. The Department of Transportation's position, as reported by DroneXL, is that the delay since the February 1 due date is deliberate rather than backlog.

STRATEGIC IMPLICATION

The reginfo.gov entry is a public indicator to watch before publication. A status change from pending review is the trigger; October 8 is the point at which the 90-day process norm quoted by Commercial UAV News has run, computed from the July 10 receipt date.

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SIGNAL 03, DOORDASH HOLDS PART 135 WHILE US OPERATORS FILE WAIVERS

DoorDash's certificate makes it the eighth US drone operator under Part 135, per TechRepublic citing Business Insider; the company plans to "develop a custom aircraft and the supporting systems required to manage deliveries from merchant handoff to customer drop-off", and will "continue working with existing partners such as Wing and Flytrex", per TechRepublic. DroneXL's framing of the US position: "the UK's sandbox alone logged 1,672 BVLOS flights while American operators kept filing one waiver at a time".

The scale claims are large and dated. Zipline, per Uber's release, "makes a delivery every 20 seconds", has completed "more than 2.7 million deliveries of more than 20 million items" and flown "more than 135 million autonomous miles"; the joint target is "one million drone deliveries per day by the end of 2029". Amazon's 11 locations across 10 metropolitan areas in seven states are the base for the nearly 500 cities and towns it plans to serve by the end of 2026, per Amazon.

STRATEGIC IMPLICATION

Those figures establish Zipline's and Amazon's operating scale. Separately, DroneXL reports that American operators kept filing one waiver at a time while the UK's sandbox logged 1,672 BVLOS flights. For the investor question of who benefits when the rule lands, the sources point to who holds a certificate and operating volume now, with the rule's effect on either still to be read from the published text.

SIGNAL 04, THE PASSENGER TRACK RUNS ON A DIFFERENT CLOCK

Joby's second-quarter letter states: "First eIPP flights expected in September, targeting first passengers in 2026", and "Over the course of a week, our electric air taxi will fly routes across the Dallas-Fort Worth area". The company reports five electric air taxis flying, including its first FAA-conforming aircraft, with 12 more in various stages of production, and "strongest progress yet in the fifth and final stage of type certification", with the stage shown as 20 per cent complete on Joby's side and 10 per cent on the FAA's, per the letter.

Joby has leased 45,000 square feet at Alliance Air Trade Center in Haslet, part of Perot Field Fort Worth Alliance Airport, per AVweb, and ended the quarter with $2.3 billion in cash, cash equivalents and marketable securities, per the letter.

STRATEGIC IMPLICATION

Joby describes its September flights as eIPP flights and separately reports progress through type certification, per its letter and AVweb.

SIGNAL 05, THE COST SIDE HAD ITS DATES

Section 232 tariffs on imported drones and components were scheduled to take effect September 3: 100 per cent on drones above 25 kilograms maximum takeoff weight, on any drone carrying a thermal imager and on docking stations, with nearly everything else at 25 per cent, per DroneXL; the structure is set out in our briefing The Tariff Wall. Comments were scheduled to close September 2 in the FCC proceeding, Public Notice DA 26-758 under PS Docket 26-189, that proposes stripping import and marketing clearance from foreign drones already approved, per DroneXL.

STRATEGIC IMPLICATION

DroneXL reported that the tariff schedule was due to take effect September 3; reginfo.gov still listed Part 108 as pending review on September 8.

DRONE INTELLIGENCE ASSESSMENT

The US commercial drone market is running on two clocks. The restrictions carried published dates: tariffs scheduled for September 3, the FCC comment window scheduled to close September 2, per DroneXL. The enabling rule, which the FAA's executive director described on September 2 as the way out of one-off approvals, reached OIRA on July 10 and was still listed as pending review on September 8. Operators have announced milestones while the rule remains pending. DoorDash holds a Part 135 certificate, per TechRepublic citing Business Insider; Uber is investing in Zipline against a 2029 target; Amazon has set a 2026 city count; and Joby expects a week of flights in Texas in September.

On the investor question of who benefits when Part 108 is published, the sources support only a limited observation. Jones said Part 108 would move the FAA away from one-off approvals toward a more scalable, predictable NAS; she separately cited 1.5 million BVLOS operations deconflicted by UTM systems, per DroneLife. The published rule will determine its effect on individual operators. Joby describes its September flights as eIPP flights and separately reports progress through type certification, per its letter.

Watch items: the reginfo.gov status for RIN 2120-AL82; October 8, the point at which the 90-day review norm has run; Joby's Dallas-Fort Worth flight week and any first-passenger date under the eIPP; DoorDash Air's first deliveries, expected in the fall per TechRepublic citing Business Insider; the first Uber and Zipline deployments across existing Zipline markets; and the FCC's decision in PS Docket 26-189. The watch list combines stated operator milestones with the pending OIRA and FCC proceedings.

Operator Positions Ahead of Part 108 (Sources: TechRepublic, Uber, Amazon, Joby Q2 2026 letter)

OperatorCurrent positionStated milestoneTiming
DoorDash AirPart 135 certificate; eighth US drone operator, per TechRepublic citing Business InsiderDeliveries expected to launch; custom aircraft plannedFall 2026 applies to deliveries, per TechRepublic citing Business Insider
Zipline with UberExisting Zipline markets; Uber strategic investmentOne million drone deliveries per dayBy end of 2029; first deployments later in 2026
Amazon Prime Air11 locations, 10 metropolitan areas, seven statesNearly 500 cities and townsBy end of 2026
Joby AviationeVTOL Integration Pilot Program; type certification stage 5Week of DFW routes; first passengersSeptember 2026; passengers in 2026

Part 108 Final Rule, Status (Sources: reginfo.gov, Commercial UAV News, DroneXL)

ItemDetail
Rule titleNormalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations
RIN2120-AL82
Stage and status on September 8, 2026Final rule, pending review
Received at OIRAJuly 10, 2026
Executive order due dateFebruary 1, 2026, per DroneXL
90-day review norm runsOctober 8, 2026 (computed from July 10)

FREQUENTLY ASKED QUESTIONS

What is FAA Part 108?

Part 108 is the FAA rulemaking for beyond-visual-line-of-sight drone operations. The FAA's Executive Director of the Office of Advanced Aviation Technologies described its purpose on September 2, 2026 as getting away from one-off approvals to a more scalable, predictable national airspace system, per DroneLife.

Where is the Part 108 final rule now?

As of September 8, 2026 the final rule (RIN 2120-AL82) is listed on reginfo.gov as pending review at the Office of Information and Regulatory Affairs, received July 10, 2026. Commercial UAV News notes a 90-day review process for significant regulations; that period runs to October 8, 2026.

How are drone delivery operators flying without Part 108?

The sources identify DoorDash's Part 135 certificate and report that American operators kept filing one waiver at a time. DoorDash became the eighth US drone operator to hold a Part 135 certificate, per TechRepublic citing Business Insider, and DroneXL reports that American operators kept filing one waiver at a time while the UK's sandbox logged 1,672 BVLOS flights.

How does Joby describe its Texas flights?

Joby describes its September flights as eVTOL Integration Pilot Program flights across the Dallas-Fort Worth area over a week, and separately reports progress in the fifth stage of FAA type certification, per its second-quarter letter.

TRACK FAA Part 108 and BVLOS drone operations

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ABOUT THIS BRIEFING

Prepared by
Drone Intelligence editorial team
Published
Q3 2026
Last verified
8 September 2026
Sources
10 primary sources cross-checked
Confidence
High on verified facts. Assessment and forecast labelled inline.
Corrections
Email paul@droneintelligence.ai with the briefing URL and the source you believe contradicts the claim.

Prepared under the Drone Intelligence methodology. Editorial decisions follow our editorial policy. Independence and disclosure standards at ethics.

CITE AS

The Waiting Room: Part 108 Pending at OIRA While Operators Set Dates” Drone Intelligence, Q3 2026. https://droneintelligence.ai/insights/part-108-oira-operators-build-ahead

Drone Intelligence, Signal Dossier VOL. 02-AO. Public-Source Intelligence Briefing.

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