Proposed Rule2026-01644
Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations; Reopening of Comment Period
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 28, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action reopens the comment period for the notice of proposed rulemaking titled "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations" that was published in the Federal Register on August 7, 2025. FAA seeks additional comments on the electronic conspicuity and right-of-way topics identified in this notice.
Full Text
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<title>Federal Register, Volume 91 Issue 18 (Wednesday, January 28, 2026)</title>
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[Federal Register Volume 91, Number 18 (Wednesday, January 28, 2026)]
[Proposed Rules]
[Pages 3695-3696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01644]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 36, 43, 45, 48, 89, 91, 107, 108, 119, 133, 135, 137,
and 146
[Docket No. FAA-FAA-2025-1908; Notice No. 25-07B]
RIN 2120-AL82
Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight
Operations; Reopening of Comment Period
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking; reopening of comment period.
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SUMMARY: This action reopens the comment period for the notice of
proposed rulemaking titled ``Normalizing Unmanned Aircraft Systems
Beyond Visual Line of Sight Operations'' that was published in the
Federal Register on August 7, 2025. FAA seeks additional comments on
the electronic conspicuity and right-of-way topics identified in this
notice.
DATES: Send comments on or before February 11, 2026.
ADDRESSES: Send comments identified by docket number FAA-2025-1908
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>and follow the online instructions for sending your
comments electronically.
<bullet> Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at (202) 493-2251.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> at any time. Follow the online
instructions for accessing the docket or go to the Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michelle Ferritto, ARM-100, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20592; Phone: (844) 359-6982; Email: <a href="/cdn-cgi/l/email-protection#c2fbef848383ef978391ef80948e8d91ef90b7aea782a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="023b2f4443432f5743512f40544e4d512f50776e67426463632c656d74">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 7, 2025, the Federal Aviation
Administration (FAA) and the Transportation Security Administration
(TSA) published a notice of proposed rulemaking (NPRM) titled
``Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight
Operations'' in the Federal Register (90 FR 38212; Notice No. 25-07).
In that document, FAA proposed performance-based regulations to enable
the design and operation of unmanned aircraft systems (UAS) mostly at
low altitudes beyond visual line of sight (BVLOS) and for third-party
services that support these operations including UAS Traffic
Management. The comment period for the NPRM closed on October 6, 2025.
I. Summary of the Proposal
One of FAA's primary objectives in achieving its statutory mandate
to enable routine BVLOS operations is ensuring deconfliction between
these operations and other operations preexisting within the NAS. In
the NPRM, FAA proposed changes to legacy right-of-way rules through
provisions proposed in Title 14 of the Code of Federal Regulations
(CFR) Sec. 108.195(a)(2) and proposed aligning amendments to the
legacy right-of-way rules codified at Sec. 91.113.\1\ The proposed
right-of-way changes would give part 108 UAS operators presumptive
right-of-way over manned aircraft except: (a) when the manned aircraft
is broadcasting location data through Automatic Dependent Surveillance-
Broadcast (ADS-B) Out or an approved alternate electronic conspicuity
(EC) device alternate to ADS-B Out (hereinafter ``alternate EC''); (b)
in Class B or C airspace; (c) when the manned aircraft is taking off or
landing at an airport or heliport; or (d) over Category 5 population
areas. More than half of the approximately 3,100 comments received to
the NPRM discussed the right-of-way proposal in some capacity.
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\1\ See Normalizing Unmanned Aircraft Systems Beyond Visual Line
of Sight notice of proposed rulemaking 90 FR 38212 at 38244
(discussion on proposed Sec. 108.195(a)(2) that would require that
UA operating under part 108 yield to all manned aircraft
broadcasting their position using ADS-B or EC equipment).
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FAA also received substantial comments on its proposals in
Sec. Sec. 108.180(b) and 108.185(d)(5)(ii) that would require that
unmanned aircraft (UA) operating in Class B and Class C airspace or
over Category 5 populations areas be able to detect-and-avoid non-
cooperative aircraft.\2\ In the NPRM, FAA articulated that non-
cooperative aircraft would mean those aircraft that are not actively
broadcasting their location using ADS-B Out or an approved alternate EC
device. FAA stated in the NPRM that it had considered mandating ADS-B
Out for manned operations below 500 feet but had not proposed it due to
concerns about the cost and burden. FAA also solicited comment on
whether FAA should consider an equipage requirement in relation to EC
devices for manned aircraft.
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\2\ See Supra at 38238 (discussion on proposed Sec. 108.180(b)
that would require that UAS operators in Class B and C airspace be
equipped to detect and avoid non-cooperative aircraft).
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II. Comments Received
FAA received significant comments on the aspects of the proposal
described above. Public comments stated that FAA's proposal would
introduce unnecessary complexity to right-of-way and result in
confusion by creating varying right-of-way rules depending on different
operational areas. Numerous commenters also raised significant
practical concerns with requiring manned aircraft to yield to UA. Other
commenters expressed concern that the proposed detect-and-avoid
provisions would require prohibitively expensive technology that has
not been adequately proven for safety value.
On the other hand, many commenters supported the broader use of
ADS-B Out or alternate EC technologies to improve airspace safety and
situational awareness and to facilitate the integration of UAS into the
national airspace. Some commenters identified mandatory ADS-B or
alternate EC for
[[Page 3696]]
manned operators in low-altitude airspace as the preferred, and only
viable, collision risk mitigation strategy. Within these comments,
there was great interest in portable, lower-cost alternate EC devices
as alternatives to ADS-B Out, which commenters expressed could address
practical concerns and limitations specific to ADS-B Out. However, FAA
notes that a smaller subset of commenters opposed expanded equipage
requirements for manned aircraft, suggesting that unmanned aircraft
should bear more of the integration costs. These commenters preferred
detect-and-avoid requirements for part 108 operations, without offering
solutions to the practical issues with FAA's proposal identified by
other commenters.
III. Listening Sessions
On January 6, 2026, FAA held two listening sessions with members of
the UAS manufacturing community and relevant industry associations.\3\
During these listening sessions, FAA heard general support for ADS-B or
alternate EC devices, though opinions on specific requirements varied.
Other attendees supported detect-and-avoid mandates. There were
differing opinions on ADS-B Out versus alternate technologies. Some
industry representatives raised concerns about the practicality of ADS-
B for all environments, particularly at low altitudes and in complex
operating conditions. Some attendees highlighted that the UAS industry
is rapidly innovating so prescriptive requirements will hinder industry
development, expressing preference for performance-based requirements
not linked to specific technologies. Even though sentiments heard at
the listening sessions largely echoed the comments to the NPRM, the
sessions suggested that focusing the public's attention on certain
aspects of the proposal may yield information helpful to FAA as it
looks to finalize this rule.
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\3\ See Docket No. FAA-2025-1908-3130, U.S. DOT/FAA--Memoranda
to Docket from Listening Sessions (Jan. 15, 2026).
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IV. Reopening of the Comment Period
Noting the substantial interest in, and comment on, FAA's proposed
policies for ADS-B Out, EC, and detect-and-avoid, FAA is reopening the
NPRM for comment on the limited topics discussed herein. FAA wants to
ensure that it fully understands these comments and the relevant policy
implications. Comments that have already been submitted will be
considered in development of the final rule. Resubmission of
duplicative comments will not entitle the comment to greater weight.
Comments unrelated to the questions below will be treated as out of
scope and will not be considered.
V. Request for Comments
During this reopening, FAA requests comments about the following:
1. Are there alternate EC devices capable of complying with
proposed Sec. 108.195(a)(2)(ii) that are available today? What are the
names and manufacturers of those devices? Where are the devices
currently approved for use and for what purpose(s)? Do any of them have
the capability to inform the user that the device is not working
properly?
2. Are these EC devices approved for the same purpose as ADS-B Out?
Do these alternate EC devices provide other benefits beyond what ADS-B
Out offers? Are existing alternate EC devices used for, or capable of
providing, anonymity?
3. If not currently available, how quickly can alternate EC devices
be available to the U.S. market once an approved standard is available?
4. Would the performance requirements of Sec. 91.227 applicable to
ADS-B Out also be appropriate for alternate EC devices? Why or why not?
5. RTCA has a standard for electronic conspicuity (RTCA DO-282C).
Are there any reasons why applying this standard for alternate EC
devices in the U.S. not be feasible or appropriate? Are there other
existing industry consensus standards for EC that the FAA should
consider accepting?
6. What would be the potential downside(s) of requiring EC devices
to include some sort of indicator (e.g., visual or audio) to notify the
pilot that the device is not working properly?
7. Are there other methods or technologies that the FAA should
consider allowing manned operators to use to be electronically
detectable besides ADS-B Out or alternate EC devices?
Accordingly, FAA is hereby reopening the comment period for 14
days. The comment period will close on February 11, 2026.
Issued under authority provided by 49 U.S.C. 106(f) and 44701,
in Washington, DC.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2026-01644 Filed 1-27-26; 8:45 am]
BILLING CODE 4910-13-P
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