2026-01644Proposed RuleSignificant

FAA Reopens Debate on Drones Flying Beyond Pilot's Line of Sight

Published Date: 1/28/2026

Proposed Rule

Summary

The FAA is reopening the comment period to hear more thoughts on new drone rules that let unmanned aircraft fly beyond the pilot’s sight. This affects drone operators, businesses, and tech developers who want to expand drone use safely. Comments are due by February 11, 2026, and these changes could speed up drone deliveries and inspections, possibly saving time and money.

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Drone Operators May Get Right‑of‑Way

The FAA proposed giving part 108 unmanned aircraft system (UAS) operators presumptive right-of-way over manned aircraft, except when the manned aircraft is broadcasting location data with ADS-B Out or an approved alternate electronic conspicuity (EC) device, in Class B or C airspace, when the manned aircraft is taking off or landing at an airport or heliport, or over Category 5 population areas. This change is part of proposed amendments to 14 CFR Sec. 108.195(a)(2) and Sec. 91.113.

Detect‑and‑Avoid Tech for Low‑Altitude UAS

The FAA proposed that unmanned aircraft operating in Class B and Class C airspace or over Category 5 population areas must be able to detect and avoid non‑cooperative aircraft (those not broadcasting ADS-B Out or alternate EC). Commenters said the required detect‑and‑avoid technology could be prohibitively expensive.

Possible Equipage Requirement for Manned Aircraft

The FAA considered but did not propose mandating ADS-B Out for manned operations below 500 feet because of cost and burden concerns; the agency is also soliciting comment on whether manned aircraft should have an equipage requirement for electronic conspicuity (EC).

BVLOS Could Speed Deliveries and Inspections

The FAA’s BVLOS proposal aims to enable routine beyond‑visual‑line‑of‑sight UAS operations, which the document notes could speed up drone deliveries and inspections and possibly save time and money for operators and customers. The rulemaking focuses on safety measures such as EC and detect‑and‑avoid to enable that expansion.

Market Focus: Alternate EC Device Standards

The FAA is asking whether alternate electronic conspicuity (EC) devices exist today that meet proposed Sec. 108.195(a)(2)(ii), whether they are approved for the same purposes as ADS-B Out, and whether industry standards such as RTCA DO-282C should be accepted for alternate EC devices.

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Key Dates

Published Date
Comments Due
1/28/2026
2/11/2026

Department and Agencies

Department
Independent Agency
Agency
Transportation Department
Federal Aviation Administration
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