Federal Updates FAA Reopens Comment Period on Part 108 BVLOS Drone Proposal State and Local Updates Action Needed: FAA Reopens Comments on Indianapolis Heliport 2026 State Legislation Report News from VAI’s Northeastern US Regional Representative “Advocacy in Action,” by Josh Rousseau, VAI Northeastern US Regional Representative Federal Updates FAA Reopens Comment Period on Part 108 BVLOS Drone Proposal US regulator seeks specific input on right-of-way and electronic conspicuity for low-altitude operations of unmanned aircraft systems (UAS). Summary of Facts The FAA is reopening the public comment period for its proposed Part 108 rule, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight (BVLOS) Operations.” Comments are due Feb. 11, 2026. The reopened window is limited to responses specific to a series of questions related to electronic conspicuity and right-of-way. The FAA cited significant public interest in these issues, including extensive feedback on the proposal’s right-of-way framework and related detect-and-avoid concepts, plus follow-on discussion during FAA listening sessions held Jan. 6, 2026. VAI supports safe BVLOS integration and urges revisions to protect low-altitude safety, particularly for mission-driven vertical flight operations. VAI’s prior comments emphasized these points: Right-of-way: Right-of-way rules should be clear and understandable, giving priority to manned aircraft and protecting the least maneuverable aircraft. Detect-and-avoid: Requirements should include redundant, overlapping means of detection and alerting, with clear, enforceable performance expectations. A phased approach is necessary until system performance and equipage rates demonstrate reliability. The FAA stated it will consider comments already submitted in final rule development; comments not related to the questions posed will be treated as out of scope. VAI Position and Actions VAI applauds the work the FAA is doing to ensure a thorough and complete review of these critical topics prior to final rulemaking. Right-of-way principles are foundational to the safe and responsible integration of drone technologies into the US National Airspace System, and it is essential that they are thoughtfully and correctly established. VAI is working closely with our UAS Industry Advisory Council, other aviation associations, and industry experts to prepare responses to these new questions from the FAA. The association will call on its members to weigh in on this request from the agency in the coming days. State and Local Updates Action Needed: FAA Reopens Comments on Indianapolis Heliport Summary of Facts The FAA is considering a proposal to permanently close the Indianapolis Downtown Heliport (FAA location identifier: 8A4) in Indiana and allow the sale of all 5.36 acres of heliport land for nonaviation use. The Indianapolis Airport Authority has asked to be released from its US federal obligations tied to funding that it previously received for the heliport. If approved, the land would no longer have to be used for aviation purposes and could be sold. For the past three years, VAI has actively worked to keep the Indianapolis Downtown Heliport open. Public-use aviation infrastructure such as 8A4 is critical to supporting emergency response operations, business aviation, and the continued growth of the vertical flight industry. Once lost, this type of infrastructure is extremely difficult to replace. The FAA previously: Sought public comment in 2023 Issued a letter of intent in November 2024 approving the release Announced the heliport’s permanent closure effective Dec. 15, 2025. However, in December 2025, the FAA received two formal requests asking the agency to reconsider the closure and sale of the heliport. Because of those requests, the FAA is now reopening the public comment period before making a final decision. Public comments are due by Feb. 12, 2026. VAI Position and Actions VAI encourages members to submit comments opposing the closure. Maintaining access to centrally located heliport infrastructure is essential for safety, mobility, and the continued growth of the vertical flight industry. Join VAI’s grassroots campaign and submit a comment with an easy click. 2026 State Legislation Report Summary of Facts State legislatures are back in session, and bills affecting the vertical flight industry are being introduced nationwide. VAI is actively tracking and engaging in legislation that may impact industry operations, safety, and growth. Key bills are highlighted below to keep members informed. If a bill has been introduced in your state and you would like VAI to engage, please contact katiav@verticalavi.org. Hawaii S.B.2889: Establishes a framework to regulate commercial helicopter tours in designated “sensitive areas” across Hawaii. Within 180 days of enactment, the Hawaii Department of Transportation (HDOT) is required to designate sensitive areas, such as the Nā Pali Coast, Haleakalā National Park, Hawaiʻi Volcanoes National Park, Waimea Canyon, Kaʻaʻawa Valley, and North Shore residential areas, based on criteria including noise complaints, cultural significance, wildlife impacts, endangered-species presence, and visitor-experience data. Designation of sensitive areas must follow a public process that includes public notice, a 60-day comment period, at least one island-specific public hearing, community and Native Hawaiian organization consultation, an environmental impact assessment, and a final public decision statement. Sensitive-area designations must be reviewed every five years. Commercial helicopter tours operating in sensitive areas would be subject to operational restrictions, including minimum-altitude requirements, HDOT-approved routes, limits on operating hours and days, and prohibitions during cultural events. The HDOT is authorized to cap the number of permits, daily flights, and operators per sensitive area, and to establish flight-free zones within sensitive areas for cultural, environmental, residential, or soundscape protection. Emergency services, military, law enforcement, firefighting, and permitted scientific research would be exempt from these restrictions. VAI Position: VAI opposes S.B.2889 because it is federally preempted and would allow the state to regulate aircraft operations, such as routes, altitudes, operating times, and flight-free zones, that fall under the FAA’s exclusive authority. The bill risks creating inconsistent, state-level restrictions that conflict with the US National Airspace System and established federal aviation law. Mississippi S.B.2539: Would allow the Mississippi State Department of Health to have the authority for independent air traffic control to direct air traffic from or into any hospital within the state under the following circumstances: If the state health officer determines that an emergency exists with regard to hospital-bed availability or due to the presence of a burn victim and that any delay associated with a lack of independent air traffic control authority to effectuate necessary transfers would threaten the health or safety of any person, then the state health officer shall have general authority to direct air traffic from or into any hospital within the state. VAI Position: VAI opposes S.B.2539 because the bill raises significant safety and legal concerns by allowing non-FAA entities to direct air traffic, potentially conflicting with established federal air traffic control authorities. New Jersey S.2961: The bill requires the state commissioner of transportation to prohibit tourist helicopter operations at state-licensed aviation facilities. The bill exempts federal, military, state-operated, and emergency medical helicopters. VAI Position: VAI opposes S.2961 because the bill would impose an outright ban on a lawful aviation activity, undermining local economic activity and conflicting with the federally regulated aviation framework. New Jersey S.398: S.398 directs the state commissioner of transportation to adopt regulations to reduce helicopter noise, including a mandatory reduction of at least 47% in helicopter departures from licensed facilities and curfews on sightseeing and tourist helicopter operations. Certain government, news, and medical flights are exempt. VAI Position: VAI opposes S.398 due to its prescriptive operational limits, which could significantly disrupt aviation services while raising federal preemption and implementation concerns. New York A.540: This bill would require all helicopters operating in New York to be equipped with a flight data recorder, cockpit voice recorder, and terrain awareness and warning system. VAI Position: VAI opposes A.540 because the bill imposes equipment mandates beyond federal requirements and could create cost and compliance burdens without a demonstrated safety benefit. Virginia H.B.740: H.B.740 requires hospitals and air medical service vendors to make FAA-approved helicopter instrument approach procedures available to any licensed air medical operator requesting them for patient transport, under standardized procedures and without creating additional liability for the hospital. VAI Position: VAI is seeking member feedback on the bill. West Virginia H.B.4151: This bill seeks to establish the West Virginia Air Service Development and Airport Modernization Fund, appropriating $15 million to support airport improvements, workforce development, and aviation-related tax incentives to encourage economic growth and job creation. VAI Position: VAI supports H.B.4151 for its investment in aviation infrastructure, workforce development, and policies that would help strengthen the state’s aviation economy. Washington H.B.2347: This bill would repeal the Luxury Aircraft Tax enacted in 2025, which applies to the purchase, sale, or lease of certain aircraft valued over $500,000. VAI Position: VAI supports the bill. News from VAI’s Northeastern US Regional Representative “Advocacy in Action,” by Josh Rousseau, VAI Northeastern US Regional Representative VAI began the year participating in the Eastern Region Helicopter Council’s January meeting in New Jersey. Strong attendance underscored continued engagement across the regional helicopter community and highlighted the importance of coordinated efforts to address airspace, operational, and community issues. While prior legislative successes in New York and New Jersey didn’t carry over into the 2026 session, VAI remains actively engaged in the region. The focus is on building constructive relationships with policymakers and stakeholders to address community concerns without relying on restrictive taxation or operational restrictions that can undermine transportation, environmental, and public safety objectives. VAI continues to advocate for fair and lawful treatment of the vertical aviation industry and to reinforce the industry’s role as a key economic contributor in the Northeast. This work is increasingly relevant as states consider policies related to electric vertical takeoff and landing (eVTOL) aircraft and advanced air mobility integration, Part 108 implementation, air traffic control modernization, unmanned aircraft system (UAS) and counter-UAS infrastructure investment, and low-altitude airspace integration. In the coming weeks, VAI will engage directly with state legislators and local officials across the Northeast to emphasize the value of a safe, responsible, economically viable aviation sector that supports emergency services, business operations, and innovation. VAI is also working closely with its industry advisory councils, partner aviation associations, and subject-matter experts to respond to FAA inquiries and ensure that industry perspectives are reflected in ongoing regulatory discussions. Through continued advocacy, education, and collaboration, VAI remains focused on developing practical solutions to the complex policy and operational challenges facing the vertical aviation industry.
