FAA Declines Extension for Part 108 Comment Period

Administration keeps Feb. 11 deadline as it seeks additional feedback on electronic conspicuity and right-of-way proposals.

FAA Reopens Comment Period on Part 108 BVLOS Rule
[Credit: lzf | Shutterstock]
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Key Takeaways:

  • The FAA has denied a request to extend the public comment period for its proposed Part 108 rule on Beyond Visual Line of Sight (BVLOS) unmanned aircraft operations, maintaining the deadline for this Wednesday.
  • The comment period was briefly reopened to gather additional feedback on specific areas, including electronic conspicuity, detect-and-avoid requirements, and right-of-way provisions for drone integration into national airspace.
  • The FAA justified its decision by stating the 14-day reopening was sufficient and that an extension would delay the finalization of the rule, potentially affecting stakeholders planning BVLOS operations.
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The Federal Aviation Administration has denied a request to extend the reopened comment period for its proposed Part 108 rule on beyond visual line of sight (BVLOS) unmanned aircraft operations, maintaining a deadline of this Wednesday for public input.

The agency reopened the comment period on Jan. 28 to seek additional feedback on electronic conspicuity and right-of-way provisions tied to the broader BVLOS proposal first published in August 2025. The FAA said the additional comment window focuses on topics that were already addressed during the original 60-day comment period, which drew roughly 3,100 submissions.

According to the FAA, the reopened comment period was intended to gather more detailed responses on limited areas related to Part 108, including detect-and-avoid requirements and the role of ADS-B Out and alternate electronic conspicuity devices in integrating unmanned aircraft into the national airspace system. The agency said the 14-day reopening provides sufficient time for stakeholders to respond, noting the issues had been previously discussed in the rulemaking process. The FAA also said a lapse in Department of Transportation funding does not affect the ability of stakeholders to review materials or submit comments.

In its notice, the FAA stated that extending the comment period could delay finalization of the rule and affect stakeholders planning operations tied to BVLOS capabilities.

The Part 108 proposal would establish performance-based regulations for BVLOS low-altitude unmanned aircraft operations, along with third-party services supporting those flights, including UAS traffic management.

Comments on the reopened proposal close Wednesday, after which the agency will continue developing the final rule.

Matt Ryan

Matt is AVweb's lead editor. His eyes have been turned to the sky for as long as he can remember. Now a fixed-wing pilot, instructor and aviation writer, Matt also leads and teaches a high school aviation program in the Dallas area. Beyond his lifelong obsession with aviation, Matt loves to travel and has lived in Greece, Czechia and Germany for studies and for work.

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