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). The FAA is reopening the public comment period for its proposed Part 108 rule, “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations.” The reopening runs 14 days, with comments due Feb. 11, 2026. The reopened window is limited to responses specific to a series of questions posed related to electronic conspicuity and right-of-way topics. 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 equippage rates demonstrate reliability. The FAA stated it will consider comments already submitted in final rule development; comments not related to the posed questions will be treated as out of scope. VAI applauds the work the FAA is doing to ensure a thorough and complete review of these critical topics prior to final rulemaking. As right-of-way principles are foundational to the safe and responsible integration of drone technologies into the US National Airspace System, 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 members to weigh in on this request from the agency in the coming days.
