The FAA is off to a busy start in 2026. Over the past few weeks, they have released a Notice to Air Missions (NOTAM) that prohibits flights around specific government buildings and vehicles, while also reopening comments for specific sections of the Part 108 BVLOS NPRM. The latter will be open until February 11, 2026.

FAA’s Notice to Air Missions (NOTAM)

On January 16, the FAA issued a new NOTAM stating that all uncrewed aircraft are prohibited from flying 3,000 feet horizontally or 1,000 feet above specific government buildings or vehicles. Unlike a Temporary Flight Restriction (TFR), this one did not come with public notice, nor did it provide specific coordinates, activation times, or an expiration date. Essentially, this NOTAM applies wherever an Immigration and Customs Enforcement (ICE) or DHS vehicle or its escorts are going.

The NOTAM specifically cites that it covers the following government buildings or vehicles:

  • Department of Defense facilities
  • Department of Energy facilities
  • Department of Homeland Security facilities
  • Coast Guard vessels
  • Military vehicle convoys and their escorts

Violating this notice will result in criminal charges, fines, and penalties from the FAA, license or certification being revoked. If your drone is considered a threat, authorities may jam, seize, damage, or destroy it.

The only exceptions to this rule are if a pilot is in “direct support” of a national defense, homeland security, law enforcement, firefighting, search and rescue, or disaster response missions. However, even those missions need to be cleared with government agencies to ensure compliance.

This notice brings up a lot of issues for drone pilots. It’s very likely that a pilot could be flying a mission in what started as acceptable airspace, but without the pilot’s knowledge, ICE or DHS could move into their airspace, making their mission suddenly unlawful. On top of that, this notice ostensibly blocks any news platforms from using drones to report on ICE raids.

Moreover, this NOTAM impacts First Amendment rights by preventing journalists from using drones to document ICE raids and other law enforcement activity. The fact that this notice only mentions specific restrictions around DHS and ICE vehicles and not other law enforcement agencies shows that this policy is selectively restricting documentation of controversial government activities.

The notice also raises concerns over Fourth Amendment rights. If drones are being seized and destroyed based solely on their location and not on probably cause or an actual threat and without due process and judicial oversight, that may be a violation of the Fourth Amendment.

Commercial UAV News is not alone in recognizing this potential issue. Other voices in the industry have spoken about this rule’s implications. On LinkedIn, Commercial Drone Alliance noted that they are “inquiring with federal regulators to ensure authorized commercial and public safety drone operators have the information they need to remain compliant, but in the meantime, operators should be aware of these new restrictions and plan accordingly.”

Autonomy Global published a piece by Dawn Zoldi that factually breaks down the First Amendment in regard to this situation specifically. She also provides an in-depth analysis of the NOTAM itself and insight into how long it will survive in these circumstances.

 

Part 108 NPMR BVLOS Comments Reopen for Two Sections

The Federal Register has reopened comments on the Part 108 BVLOS NPRM until February 11, 2026. The FAA is looking for feedback specifically and only on topics in the NPRM related to electronic conspicuity and the right-of-way framework for low-altitude operations. This reopening is a direct result of over 3,000 initial comments on these issues in the first round, which closed on October 6, 2025.

The FAA proposed rule for Right-of-Way stated that they would generally give drones the right of way over crewed aircraft, except in these situations:

  • When the crewed aircraft has equipment broadcasting its location (like ADS-B Out)
  • In busy controlled airspace near major airports (Class B or C)
  • When crewed aircraft are taking off or landing
  • Over densely populated areas (Category 5)

The industry had a lot to say about this issue, as over half of the 3,000 comments were about this proposed rule.

The second item that’s open for more comments is the Detect-and-Avoid requirement. The NPRM stated that drones flying in busy airspace or crowded areas must be able to detect and avoid other aircraft that are not broadcasting their location electronically. Originally, the FAA decided not to require any aircraft flying below 500 feet to have location broadcasting equipment due to its cost and not wanting to burden pilots with that. Now, they are asking the public if this is something that should be required for future aircraft.

These are the only two categories that are re-opened for comments. Any comments that are not addressing these topics will not be considered.