Proposed Rule2026-02649
Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations; Reopening of Comment Period; Denial of Extension
Primary source
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Published
February 10, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This action denies requests for extension of the reopening of the comment period for the notice of proposed rulemaking (NPRM) titled "Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations" that was published in the Federal Register on January 28, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Proposed Rules]
[Page 5880]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02649]
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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-2025-1908; Notice No. 25-07C]
RIN 2120-AL82
Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight
Operations; Reopening of Comment Period; Denial of Extension
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM); Reopening of comment
period; Denial of extension.
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SUMMARY: This action denies requests for extension of the reopening of
the comment period for the notice of proposed rulemaking (NPRM) titled
``Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight
Operations'' that was published in the Federal Register on January 28,
2026.
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#8ab3cca7cbcba7dfcbd9a7c8dcc6c5d9a7d8ffe6efcaecebeba4ede5fc"><span class="__cf_email__" data-cfemail="5e6718731f1f730b1f0d731c0812110d730c2b323b1e383f3f70393128">[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.
During the comment period that closed on October 2025, FAA received
significant comments on its proposals related to right-of-way rules,
Automatic Dependent Surveillance-Broadcast (ADS-B) Out, electronic
conspicuity, and detect-and-avoid. Noting the substantial interest in,
and comment on, these policies, FAA published a notice to reopen the
NPRM comment period in the Federal Register on January 28, 2026 (91 FR
3695; Notice No. 25-07B). The notice asks seven questions to solicit
comments limited to electronic conspicuity and right-of-way to ensure
FAA fully understands these comments and the relevant policy
implications.
Denial of Extension of Reopened Comment Period
On January 31, 2026, FAA received a request for extension of the
reopened comment period from James E. Whedbee, ``until February 28,
2026, or such time thereafter as the Administrator deems appropriate is
in the public interest.'' \1\ FAA has considered and hereby denies this
request.
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\1\ Comment from James E. Whedbee, Docket FAA-2025-1908-3170
(Jan. 31, 2026).
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The commenter asserted that topics of the questions asked by the
FAA are sufficiently complex to warrant a thoughtful response that may
require more time than the reopened comment period permits. While the
topics of the questions are complex, FAA asserts that the reopened
comment period provides sufficient opportunity for interested persons
to provide feedback on the limited topics given they are topics that
were already broached in the NPRM. During the initial 60-day comment
period, FAA received approximately 3,100 comments on the totality of
the rule many of which referenced the topics on which FAA has solicited
additional comment. Noting that, FAA finds that 14 days is sufficient
to obtain comment on the limited topics described in the January 28,
2026, notice.
The commenter also asserted an extension should be granted because
a lapse in funding impacting the Department of Transportation has
interrupted the reopened comment period. FAA disagrees as the lapse in
funding does not impact the ability for commenters to review the NPRM,
the request for comments, or to submit comments. Further, the commenter
asserted the reopened comment period should be extended because other
federal agencies impacted by the partial lapse in funding would miss
their opportunity to comment. FAA disagrees with this assertion as
other federal agencies have the opportunity to review the final rule
and provide comments during the interagency coordination process
handled by the Office of Information and Regulatory Affairs pursuant to
E.O. 12866 for significant rulemakings, a process that is independent
of the notice and comment process under the Administrative Procedure
Act.\2\
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\2\ See 5 U.S.C. 553(c) (summary of notice and comment
rulemaking).
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The commenter also asserted that no person would be prejudiced by
extending the reopening of the comment period. FAA disagrees, as
keeping the reopened comment period open for an extended period on
these limited topics could delay finalizing this rule. This delay would
negatively impact other stakeholders, including UAS operators,
manufacturers, standards organizations, and providers of supporting
third-party services as they rely on the finalization of this rule to
build and scale their operations.
Accordingly, FAA declines to grant the extension requests and the
reopened 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, Federal Aviation
Administration.
[FR Doc. 2026-02649 Filed 2-9-26; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on February 10, 2026.
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