FAA Seeks More Feedback on Consequential Drone Rule

Agency reopens comments for a proposed regulation that would greatly expand where and how UAS can fly.

Jack Daleo

Thursday, January 29, 2026 at 04:30 PM ET

Verified

Edited By:

Travis Tingle

The FAA’s proposed Part 108 rule would open the floodgates for expanded commercial drone operations in the U.S. [Credit: Pexels/JeShoots]

Key Takeaways:

The FAA has reopened the comment period for its proposed Part 108 rule, which aims to significantly expand beyond visual line of sight (BVLOS) drone operations.
This unusual re-opening specifically targets feedback on contentious provisions regarding right-of-way between drones and crewed aircraft, and the requirements for electronic conspicuity (EC) devices.
Pilot organizations and other stakeholders have raised significant concerns about the proposed right-of-way rules favoring drones, arguing for crewed aircraft primacy and questioning the maturity of drone detect-and-avoid systems and the burden of new equipage for manned aircraft.
While providing an opportunity to refine the rule, reopening the comment period could delay the finalization of Part 108 beyond the White House's early February timeline.

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In an atypical move, aviation regulators will give drone manufacturers and operators, pilots, and other aviation stakeholders a second opportunity to shape a consequential proposal.

Per a notice in the Federal Register published Wednesday, the FAA reopened the comment period for its notice of proposed rulemaking (NPRM) for Part 108, which would greatly expand where and how uncrewed aircraft systems (UAS), or drones, can fly. The move will give stakeholders another chance to provide feedback, though it could result in the final Part 108 rule slipping past the early February timeline dictated by the White House in June.