FAA Reopens Narrow BVLOS Comment Window to Resolve Electronic Conspicuity and Right‑of‑Way Questions

The FAA has reopened a tightly scoped portion of its BVLOS notice to collect fresh public input on two technical flashpoints: airborne position‑broadcasting technologies and the allocation of right‑of‑way when drones operate without visual observers. This second comment window began in late January and runs only until February 11, 2026, reflecting the agency’s intent to finalize the broader rule while keeping debate focused on a narrow set of unresolved engineering and operational tradeoffs. Electronic position sharing — the nuts and bolts that let aircraft announce themselves to nearby users — is central because many detect‑and‑avoid concepts depend on knowing where other traffic is, yet not every manned aircraft carries compatible transmitters, creating a persistent non‑cooperative traffic problem. Right‑of‑way determinations are equally consequential: they define the collision‑avoidance burden and the legal expectations for autonomous avoidance systems in mixed equipage environments. Industry commenters have repeatedly flagged concerns about the limits of current surveillance tech, the scalability of proposed solutions, and the practical implications for operators who will need to comply across diverse airspace classes. By restricting the reopened docket to only these issues, the FAA is implicitly accepting prior feedback on pilot duties, airworthiness frameworks, and authorization structures, moving those elements closer to administrative finality. The narrow reopening also crystallizes the policy tradeoffs regulators face: mandate broad equipage to simplify detect‑and‑avoid, or accept mixed equipage and impose stricter system performance and operational constraints on drones. Stakeholder responses during this window will likely shape both the technical performance standards for electronic conspicuity and the contours of right‑of‑way rules, affecting manufacturers, service operators, and airspace managers. A final rule that leans on mandatory equipage could accelerate interoperability but would impose retrofitting or regulatory burdens on manned aircraft; conversely, a performance‑based approach that tolerates non‑cooperative traffic will place heavier demands on drone detect‑and‑avoid systems and verification regimes. The FAA’s decision to reopen only these lines of inquiry signals confidence in the remainder of the proposal but also acknowledges that safe integration hinges on resolving how drones will perceive and legally respond to nearby aircraft. The compressed comment timeline increases the premium on technical, data‑driven submissions rather than broad advocacy, so industry participants who provide empirical evidence or operational test data may have outsized influence. Ultimately, the outcomes from this focused comment period will determine whether BVLOS operations scale rapidly under a clear interoperability regime or advance more cautiously under stringent performance and operational constraints.