Your Voice Is Needed: FAA’s BVLOS Drone Regulation

Background
In mid-August, the FAA released a Notice of Proposed Rulemaking (NPRM) on enabling autonomous unmanned aerial system (UAS) operations beyond visual line of sight (BVLOS). This proposal, Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations, introduces new Parts 108 and 146, alters right-of-way rules, and sets requirements that will impact all who share low-altitude airspace. Comments are due October 6, 2025. For more detail, see EAA’s summary: “Drone Regulations: What to Know.”

Crafting Your Comments
This is a nearly 700-page proposal with many complex pieces. There is a lot to cover, and EAA encourages you to comment on any part of the rule that concerns you. When submitting your comment, it’s important to focus on your own experience as a pilot or operator. The FAA needs to hear what real-world flying looks like below 400 feet and why certain parts of this proposal matter. To help you get started, here are some suggested areas to highlight in your comment based on the types of flying you do:

• Operations Below 400 Feet 

• Share what you do in this airspace: ultralight flying, ballooning, agricultural operations, helicopter work, seaplane activity, backcountry flying, etc. Explain why this part of the airspace is essential for your activities, and what risks arise if BVLOS drones are given access without sufficient safeguards.

• Right-of-Way Rules 

•  The proposal would give drones priority unless the manned aircraft is equipped with specific technology (ADS-B Out technology or electronic conspicuity device). Highlight why this could be a safety issue in your type of flying. For example, balloons, ultralights, and aircraft without electrical systems are unable to maneuver out of the way by the time you they are physically able to see the unmanned aircraft. 

• Detect-and-Avoid 

• Stress the importance of drones having detect-and-avoid capability in all airspace not just in Class B and C. Just as manned aircraft share the responsibility to see and avoid, drones should have the same obligation for safety.

• Electronic Conspicuity 

• The FAA suggests a new portable position-reporting system. Support the idea of something low-cost, lightweight, anonymous, and designed for safety that cannot be used for enforcement or new fees. Make clear how important portability and affordability are for recreational aviation. This technology would allow you as a pilot to be seen by the unmanned aircraft without equipping with ADS-B Out. 

• Airports and Landing Areas 

• The proposal defines “airports” broadly, but doesn’t fully consider private airstrips, seaplane landing areas, or backcountry strips. Explain where you operate and why these places must be accounted for in any final rule.

• Timing of the Rule 

• Acknowledge that this rule is being driven by presidential and congressional directives but emphasize that the FAA should take the time they need to get it right. Rushed rulemaking can have unintended consequences for everyone who shares the National Airspace System.

Submitting Your Comment

1. Visit the Regulations.gov docket page for FAA-2023-1908.

1. Click the “Comment” button.

1. Write your comment in the text box (See above for guidance).

1. Attach supporting documents, if you wish.

1. Click “Submit Comment.”

Take Action Today 

Please take a few minutes to share your perspective before 11:59 EDT, October 6, 2025. There is a lot in this proposal, but your real-world experience and feedback are essential in helping to shape a safe and balanced rule that respects all users of the NAS.