Bottom line
Under § 108.220, a Part 108 flight inside a UAFR follows Part 74, which lets it cross a standard UAFR only with Remote ID, a fast transit and a notice to the site manager before each flight. Special UAFRs stay closed to outside operators without the approval of the using agency and the FAA. We expect the per-flight notice to stay in the rule, and whether the FAA names an automated way to meet it is a roughly even chance. The unpriced risks sit with facility owners who want commercial flights removed, state laws on drones near critical sites, and detour costs the FAA says it has no data on.
Six forecasts to score when the final rules publish
| # | Forecast | Likelihood | Confidence | Confirmed if |
|---|---|---|---|---|
| 1 | Part 74 keeps a per-flight notice duty in § 74.255 | Likely | Moderate | Notice of each operation stays in the final text. An exemption for Part 135 and 108 holders is unlikely |
| 2 | The FAA names an automated way to meet that notice | Roughly even | Moderate | The preamble, advisory circular or UAFR Module accepts automated submission |
| 3 | Part 107, 108 and 135 transit through standard UAFRs survives in § 74.250(c) to (e) | Likely | Low | The three categories stay with no sector exception. A consent rule for venues, hospitals or grid sites is unlikely |
| 4 | Part 108 keeps the duty to yield tied to ADS-B Out or EC broadcast in § 108.195 | Likely | Low | Drones must still yield to broadcasting aircraft and airport traffic, and need not yield to every unequipped aircraft. A full return to manned priority is unlikely |
| 5 | Part 74 stops citing TSA threat assessments as part of its basis for Part 108 access | Roughly even | Low | The final preamble drops the TSA ground of 91 FR 24652 |
| 6 | No express preemption clause in the final Part 74 text | Likely | Low | No preemption or savings section, and the E.O. 13132 finding stands |
What the record shows
- 62organizations filed in both dockets. Electric utilities ask for access as drone operators and for control as site owners.
- 500flights a day at one utility, Florida Power & Light. Delivery firms cite thousands, and say a manual notice per flight cannot keep up.
- Noneof the cost of operator detours or notices is in the FAA's estimate, which prices facilities and the FAA at $21.4M to $30.6M a year at 7%.
- 10state attorneys general ask the FAA to leave state drone laws standing. Amazon, CTIA, NRF and the U.S. Chamber ask for express preemption.
- 5,598posted comments read across both dockets, with 1,279 attachments.
Who should act now
- Delivery operatorsAsk for an EO 12866 meeting on § 108.220 and the TSA layer while Part 108 sits at OIRA. Check routes against rail terminals, substations, chemical sites, prisons and parks, and against state overflight laws.
- Utilities, energyPick the role that leads. Facility consent in Part 74 could slow your own inspection contractors. Draft a standing-access list now.
- Venues, hospitalsExpect no veto for site managers. Plan on detection, Remote ID logging and special UAFRs where a federal partner exists.
- Manned operatorsPlan EC equipage for low-altitude flying before the final § 108.195 text.
- UTM providersBuild an automated UAFR notice service that fits the FAA's "form and manner" language.
- InvestorsPrice delivery networks on routes that clear UAFRs and state laws, not on Part 108 alone.
Dates to watch Part 108 pending OIRA review since July 10, 2026, no set date. Statutory deadline about Dec. 7, 2026 (49 U.S.C. 44811(c)). Final Part 74 not yet at OIRA. TSA roundtables only after both final rules.