Agency narrows focus to electronic conspicuity and right-of-way as February 11 deadline approaches
Just two days remaining to comment, as the Federal Aviation Administration reopened a narrow portion of its proposed rule to enable routine drone flights beyond visual line of sight (BVLOS) on January 28. The reopened comment period applies to the agency’s BVLOS Notice of Proposed Rulemaking (NPRM) and is limited to two unresolved elements of the proposal: electronic conspicuity and right-of-way. Both issues sit at the center of how drones would detect and avoid other aircraft when operating without visual observers, and both generated extensive and conflicting feedback during the original comment period.
The move follows the FAA’s earlier decision to close the original BVLOS comment period and deny requests for an extension. By reopening comments only on these topics, the agency signals that while it is committed to finalizing a BVLOS framework, key technical questions around airspace integration remain unresolved.
A narrow reopening
The FAA emphasized that the reopened comment period is limited in scope.
“The FAA is reopening the comment period to seek additional public input on electronic conspicuity and the associated detect and avoid requirements proposed in the NPRM.”
Electronic conspicuity refers to technologies that allow aircraft to broadcast their position to others. The FAA underscored its importance for operations conducted without visual observers.
“Electronic conspicuity would support the ability of other airspace users to be aware of unmanned aircraft operations, particularly when those aircraft are operating beyond visual line of sight.”
At the same time, the agency acknowledged a fundamental limitation that complicates BVLOS integration.
“The FAA recognizes that not all aircraft are equipped with electronic conspicuity and therefore considers these aircraft to be non-cooperative.”
Right-of-way remains unsettled
The FAA is also seeking further input on how right-of-way rules should apply to BVLOS operations, particularly in low-altitude airspace where drones may encounter a mix of cooperative and non-cooperative aircraft.
“The FAA is also seeking additional comment on right-of-way rules applicable to unmanned aircraft operations conducted beyond visual line of sight.”
The agency directly linked right-of-way questions to detect-and-avoid performance.
“Right-of-way requirements are closely related to detect and avoid capabilities, particularly in environments where non-cooperative aircraft may be present.”
These issues were among the most heavily debated in the original comment period, with stakeholders raising concerns about mixed equipage, scalability, and the real-world limits of existing surveillance technologies.
What is not reopened
The FAA was explicit that the reopening does not apply to the rest of the proposal.
“The FAA is not reopening the comment period for other aspects of the NPRM.”
Operational categories, pilot responsibilities, airworthiness concepts, and authorization structures remain unchanged and outside the scope of further comment.
What happens next
The reopened comment period closes February 11, 2026. Submissions during this window will inform how the FAA finalizes requirements for electronic conspicuity and right-of-way, two elements that will shape how BVLOS operations function in shared airspace.
As the FAA moves toward a final rule, the narrow focus suggests the debate has shifted. The question is no longer whether BVLOS will be normalized, but how drones can safely integrate into an airspace where not every aircraft can be seen, connected, or predicted.
Read more:
- AOPA Calls on FAA to Address ADS-B Privacy and Enforcement Issues
- ADS-B, Privacy, and the Growing Tension in a Shared Airspace
- FAA Publishes BVLOS NPRM: A Watershed Moment for the Drone Industry
Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry. Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.
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