FAA Invites Fresh Input on Expansive Drone Rule

On January 28, 2026, the Federal Aviation Administration (FAA) announced that it would reopen the comment period for the Notice of Proposed Rulemaking (NPRM) titled “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations” for fourteen days. This NPRM, jointly published with the Transportation Security Administration (TSA) on August 7, 2025, introduces performance-based regulations for beyond visual line of sight (BVLOS) unmanned aircraft systems (UAS) operations and the third-party services that support them. Although the NPRM’s initial comment period closed on October 6, 2025, the FAA is now accepting additional feedback through February 11, 2026, with a particular focus on the proposed rule’s right-of-way and detect-and-avoid requirements. The FAA previously rejected formal requests to extend the initial comment period, citing the deadline imposed by Executive Order 14307.

I. Background on Proposed Rule

As we previously reported, the FAA’s proposed rule represents a significant shift in how commercial drones may operate within the U.S. The rule is centered on allowing routine BVLOS operations, moving away from the previous case-by-case exemption framework that greatly limited widespread commercial drone activities. Key components of the rule focus on establishing new safety, performance, and operational standards for BVLOS flights, including requirements for remote identification, detect-and-avoid capabilities, operator certification, and integration procedures for airspace access. If adopted, these changes will enable UAS operators to conduct a range of missions, such as package delivery, infrastructure inspections, and emergency support, without the logistical and regulatory constraints previously in place.

II. Topics to be Addressed During Extension Period

Based on the comments received on the NPRM, the FAA is seeking additional input on two topics during the comment extension period: right-of-way and detect-and-avoid. 

Right-of-Way

The NPRM places a strong emphasis on maintaining safety and ensuring “deconfliction” between BVLOS UAS operations and other “preexisting” operations within the national airspace system. Accordingly, the FAA has proposed significant updates to traditional right-of-way rules. Under the proposed changes, Part 108 UAS operators would be granted the presumptive right-of-way over manned aircraft, with several key exceptions:

(1) when the manned aircraft is broadcasting its location data via Automatic Dependent Surveillance Broadcast (ADS-B) Out or an approved electronic conspicuity (EC) device;

(2) in Class B or C airspace;

(3) when the manned aircraft is taking off or landing at an airport or heliport; and

(4) over Category 5 population areas.

Many commenters to the NPRM argued that the new right-of-way framework would introduce unnecessary complexity and confusion by creating varying rules across different operational areas. Practical concerns were also raised about requiring manned aircraft to yield to unmanned aircraft, with some suggesting that this could pose safety risks and operational challenges.

Detect-and-Avoid

The FAA also seeks to require unmanned aircraft operating in higher-risk environments (Class B and C airspace or Category 5 population areas) to be equipped with means to detect and avoid “non-cooperative” aircraft—those not broadcasting their location via ADS-B Out or an alternate EC device. While the FAA considered requiring ADS-B Out for manned operations below 500 feet, the agency ultimately refrained from doing so in the NPRM due to concerns about the financial and operational burdens such a requirement would impose. The FAA also requested comments in the NPRM regarding the addition of an equipage requirement in relation to EC devices for manned aircraft.

Some commenters have criticized the proposed detect-and-avoid standards, voicing concern that the required technologies could be prohibitively expensive and have not yet been proven effective or safe at scale. Conversely, a significant number of commenters supported expanded use of ADS-B Out and alternate EC technologies, citing their potential to enhance airspace safety and situational awareness for all operators. Several respondents advocated for a mandatory equipage requirement for manned aircraft in low-altitude airspace as the best way to mitigate collision risks and facilitate UAS integration. There was particular interest in portable, lower-cost EC devices as practical alternatives to ADS-B Out. However, a smaller group of commenters opposed imposing additional equipage costs on manned aircraft, instead arguing that unmanned operators should shoulder more of the integration burden via stricter detect-and-avoid requirements.

III. Request for Additional Comments

Due to significant stakeholder interest in the proposed rule’s right-of-way framework and detect-and-avoid requirements, the FAA is reopening the NPRM for additional comments focused on these topics. Previously submitted comments will be reviewed during rule development, but duplicative or unrelated submissions will not hold extra weight or be considered. The FAA is specifically requesting further comments on the following:

• Alternate EC Device Options: The FAA seeks input on currently available EC devices that could comply with proposed requirements—including specific manufacturers, approved uses, and whether these devices can alert users to performance or operational failures.
• Comparison with ADS-B Out: The agency requests feedback on whether alternate EC devices serve the same purpose as ADS-B Out, if they offer additional safety or operational advantages, and whether they can provide operator anonymity.
• Market Availability: Comments are invited regarding how quickly alternate EC devices could be made available in the U.S. once a standard is established—focusing on practical market readiness.
• Performance and Standards: The FAA seeks comments on whether current ADS-B Out performance requirements and industry standards such as RTCA DO-282C are appropriate or feasible for alternate EC devices, or if other standards should be considered.
• Failure Notification Features: The agency asks for perspectives on the benefits and downsides of requiring EC devices to include indicators (visual or audio) that notify pilots when a device fails or malfunctions.
• Other Detection Technologies: The FAA invites suggestions for other technologies or methods, apart from ADS-B Out and alternate EC devices, that would allow manned aircraft to be electronically detectable for deconfliction purposes.

The Crowell Transportation team is ready to assist clients prepare public comments on these topics, which are due February 11, 2026.