Jan. 28, 2026
The FAA has reopened the public comment period for the proposed rule “Normalizing Unmanned Aircraft Systems (UAS) Beyond Visual Line of Sight (BVLOS) Operations” after receiving strong and diverse feedback on key technical and safety issues on the proposal during the initial comment period.
The agency is looking for more detailed, focused comments on electronic conspicuity and right of way rules to ensure it fully understands stakeholders’ views before issuing a final rule. View the Federal Register notice.
In its continuing advocacy on the matter, NBAA intends to augment its initial comments with additional perspectives on the agency’s plan for BVLOS integration.
The reopened comment period, which closes on Feb. 11, is limited to seven specific questions focused on availability and performance of ADS-B Out, EC devices and interoperability. The FAA hopes to better understand the policy implications of the earlier feedback on these topics before moving to a final rule.
Comments received thus far showed mixed views with some supporting broader use of ADS-B Out or electronic conspicuity (EC) technology for safety, while others oppose expanded equipment requirements for manned aircraft or prefer alternative solutions.
By reopening the comment period with focused questions, the FAA aims to gather evidence and perspectives that could influence final decisions on EC and right-of-way policies in the rule.
The agency published its original notice last August, which drew thousands of comments, with many focusing on how the rule would change right-of-way rules and technology requirements for aircraft.
In comments submitted responding to the FAA’s initial notice, NBAA recommended the need for electronic conspicuity for all airspace users and 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.
Members were particularly concerned with proposals that could give drones operating beyond visual line of sight presumptive right-of-way over manned aircraft unless the manned aircraft are broadcasting location data via ADS-B Out or a similar EC device.
While most NBAA members have operated manned aircraft for decades, many now are adding UAS to their mission planning, with some member companies using UAS exclusively in furtherance of their businesses.
NBAA considers the proposed BVLOS rule as foundational to advancing the integration of UAS and other emerging technologies into the National Airspace System (NAS) and its importance for safety, national security and operational efficiency, according to Heidi Williams, NBAA vice president of air traffic services and infrastructure.
“NBAA is a strong supporter of electronic conspicuity for all airspace users,” Williams said. “We appreciate the opportunity the FAA is giving stakeholders to provide further insights about its plans for BVLOS integration, and we are considering a response to the agency’s specific follow-up questions on this important matter.”
International Business Aviation Council Ltd.