Introduction: The Elephant Still in the Airspace

On June 24, 2025, Commercial UAV News published a groundbreaking article titled “The Elephant in the Airspace: How Outdated Approaches Ground America’s Aviation Leadership.” It shed light on how the United States' airspace structure and foundational flight operating rules, conceived over half a century ago, are hindering the nation's leadership in Unmanned Aircraft System (UAS) and Advanced Air Mobility (AAM) development.  It further emphasized that an outdated regulatory framework, which relies heavily on the inherently limited "see-and-avoid" principle, is not equipped to handle the technological advancements and increased airspace users brought about by the digital revolution. Consequently, the article advocated for a comprehensive modernization of the National Airspace System (NAS), including the correction of unbalanced electronic conspicuity requirements that currently impede beyond-visual-line of sight (BVLOS) drone operations, compromise safety, undermine security, and hinder the U.S. low-altitude economy.[i] [ii] [iii]

Despite rapid advances in unmanned aircraft systems (UAS), electric vertical takeoff and landing (eVTOL) aircraft, and attendant electronic conspicuity technologies, pilots and regulators still rely on legacy methods. These include radar, human observers, and limited ADS-B equipage requirements to detect, track, identify, manage and separate manned and unmanned aircraft across 96% of the low altitude airspace, where manned aircraft are still allowed to operate with “electronic invisibility.” The result: innovation stalls, safety margins continue to erode, airspace sovereignty is compromised, and our ability to scale the low altitude economy suffers.

This follow-on article proposes a bold and actionable strategy that leverages existing emergency authorities vested in the President, the Secretary of Transportation, and the Secretary of Homeland Security. Additionally, it incorporates provisions from three recent Executive Orders (EO) that support a mandate for Universal Electronic Conspicuity (UEC) across all airspace users. This strategy aims to reclaim U.S. leadership in low-altitude safety, security, economic prosperity, and aviation.

The Case for Universal Electronic Conspicuity

Defining Universal Electronic Conspicuity (UEC)

UEC mandates that every aircraft operating in the National Airspace System (NAS), whether manned or unmanned, transmits a signal conveying its current position, movement direction, and identification.[iv] Unlike today’s Federal Regulations that exclude manned aircraft from the requirement to be equipped with a radio, transponder, or ADS-B Out when operating under visual flight rules (VFR) in 96% of U.S. low-altitude Class G airspace,[v] UEC ensures that every airspace user is “electronically visible.” This promotes digitally enabled commercial and public safety unmanned aircraft systems (UAS) beyond visual line of sight (BVLOS) operations, dense urban air mobility, reduced risks of midair collisions, enhanced airspace security, and the establishment and preservation of public trust in UAS and AAM that is so important to the growth of the low altitude economy (Figure 1).[vi]  Also, as outlined in “The Elephant in the Airspace” article, UEC has benefited from advancements that began in the automotive industry’s Advanced Driver-Assistance Systems (ADAS) and have continued in the commercial drone space.  UEC technology has now achieved size, weight, power, and cost (SWaP-C) compatibility for all aircraft categories, including battery-powered units for aircraft without electrical systems.[vii]

Figure 1 - Universal Electronic Conspicuity - Benefits and Drivers

The U.S. Department of Transportation (DOT) Highly Automated Systems Safety Center of Excellence (HASS COE) recently highlighted the core concepts of UEC and the urgent need for its implementation.[viii] [ix]  UEC is also a crucial component of the Federal Aviation Administration’s (FAA) vision for the future information-centric national airspace system (NAS) and the National Aeronautics and Space Administration’s (NASA) Digitally Enabled Cooperative Operations (DECO), Advanced Capabilities for Emergency Response Operations (ACERO), and Sky for All technology development and transfer programs.[x] [xi] [xii] [xii]

Current Technology Landscape
Today’s electronic visibility landscape encompasses legacy manned-aircraft systems such as TCAS (Traffic Collision Avoidance System), ADS-B Out transponders, and other systems.[xiv] However, these traditionally heavy, power-hungry solutions, originally designed for airliners and business jets, are often incompatible with small unmanned aerial vehicles (UAS) due to coverage, size, weight, power, and cost constraints (Figure 2).[xv] Emerging lightweight proposals aim to address this gap:  

Figure 2 - Seeking “Fit for Purpose,” Rather than “Must Fit What We’ve Got” Solutions

(1) ADS-L (“ADS-B light”), a simplified broadcast protocol tailored for general aviation (GA) and UAS;[xvi]

(2) FLARM’s low-power situational-awareness and DAA network designed for gliders and drones in mixed operations; [xvii]

(3) ACAS X, the next-generation airborne collision-avoidance algorithm adapting TCAS logic for both crewed and uncrewed platforms; [vxiii]

(4) FAA Remote ID smartphone and tablet apps for real-time UA identification and telemetry;[xix]

(5) Vehicle-to-vehicle (V2V) coordination and collision-avoidance systems (CCAS) that leverage mesh networks and ultra-low latency links for direct UA-to-UA deconfliction. [xx] [xxi] [xxii]

Each of these innovations represents a shift toward scalable, interoperable, and affordable UEC solutions essential for safe BVLOS operations and routine UAS integration.  Without UEC, our airspace remains a patchwork of cooperative and non-cooperative systems and methods, undermining safety, constraining BVLOS scaling, and denying us the uniform domain awareness that is foundational to airspace sovereignty and security.

The How: Leveraging Existing Government Emergency Authorities for Rapid Rulemaking

Presidential and National Emergency Powers

The Constitution and Federal Laws provide the President with broad authority to make emergency declarations to quickly enact necessary measures to preserve the health, safety, security, and prosperity of all Americans. The National Emergencies Act empowers the President to activate extraordinary authorities when critical safety or security threats emerge.  Since January 20, 2025, the President has used this authority to declare eight national emergencies. [xxiii]

The legacy "see and avoid" method of aircraft separation has inherent limitations and documented safety deficiencies, which have often led to tragic mishaps.[xxiv]  Additionally, the inability to electronically detect tens of thousands of manned aircraft authorized to operate without electronic conspicuity across 96% of the low-altitude airspace in the United States poses a substantial security vulnerability. Therefore, addressing the gaps in airspace safety, security, and air commerce prosperity due to the lack of universal electronic conspicuity is a national emergency.[xxv]

Alignment with Provisions Outlined in Three Recent Presidential Executive Orders
This urgency has already been reflected in requirements contained in the two drone-related Executive Orders (EO) and the wildfire EO, signed by the President in June 2025.

EO 14307: “Unleashing American Drone Dominance”

  • Sec. 3(c): Policy to “strengthen the domestic drone industrial base and promote the export of trusted, American-manufactured UAS through updated economic policies and regulation,” which could extend to electronic conspicuity transceiver manufacturing incentives.
  • Sec. 4(a)–(c): Directs the FAA to issue BVLOS rules within 30 days and an updated integration roadmap within 240 days. While UEC is not named, mandated risk-based rulemaking inherently supports adopting UEC to fulfill safety requirements.
  • Sec. 7(a)–(b): Prioritizes U.S.-made UAS and publishes a Covered Foreign Entity List—an approach that can be mirrored by mandating “Made in USA” electronic conspicuity transceivers to secure supply chains.

Opportunity: Leverage Sec. 3 and Sec. 7 to require electronic conspicuity systems in federally funded UAS projects and eVTOL pilots, catalyzing broader adoption in general aviation.

EO 14305 “Restoring American Airspace Sovereignty”

  • Sec. 5(c): “Within 180 days…make Notices to Airmen (NOTAMs) and Temporary Flight Restrictions (TFRs) available online in an open format easily accepted for drone geofencing and Aircraft Navigation and Guidance system purposes.”
  • Sec. 6(c): Directs DOJ and DHS grant programs to fund detection, tracking, or identification of drones and drone signals for state/local agencies.
  • Sec. 7(a): Mandates that executive departments “use all available existing authorities to employ equipment to detect, track, and identify drones and drone signals.”
  • Sec. 7(c): Requires FAA to provide “automated real-time access to personal identifying information associated with UAS remote identification signals…for enforcing applicable Federal or State law.”

Opportunity: Interpret “detect, track, and identify drones and drone signals” as a template for universal EC, extending these duties to all aircraft to harmonize data flows and empower not only law enforcement but also UAS operators and general aviation pilots with uniform situational awareness.

EO 14308 “Empowering Commonsense Wildfire Prevention and Response”

  • Section 3(b)(i) calls for a comprehensive technology roadmap to enhance firefighting capabilities, including artificial intelligence, data sharing, modeling and mapping, technology to identify ignitions and forecast weather.

While drones aren’t explicitly named, these capabilities are commonly associated with UAS platforms, especially for early detection, situational awareness, and mapping in inaccessible terrain.  Since only ~2% of wildfires have the benefit of a temporary flight restriction (TFR),[xxvi] the ability of manned and unmanned aircraft to operate safely in responding to wildfires in a cooperative airspace management construct requires universal electronic conspicuity.[xxvii] [xxviii]

Emergency Rulemaking under the APA

Under the Administrative Procedure Act, agencies can bypass standard notice-and-comment when a “good cause” emergency exists, making interim final rules immediately effective.[xxix] [xxx] By issuing an interim final rule mandating UEC, the FAA can require equipage in dual-use airspace while soliciting public comments concurrently; addressing safety and security imperatives without procedural delay.

Coordinated Department Secretary Authorities

  • Secretary of Transportation (SECDOT): Under 49 U.S.C. § 106, can issue emergency orders to FAA rulemaking, as illustrated by prior restrictions over Reagan Airport helicopter operations in January 2025.[xxxi]
  • Secretary of Homeland Security (SECDHS): Using 6 U.S.C. § 124n emergency authorities, can prioritize grants for SLTT agencies to acquire UEC-detection technologies and support counter-UAS measures at critical sites.

This powerful triad—the President, SECDOT, and SECDHS—provides the legal and executive framework to mandate UEC and achieve safer, more secure, and rapid economic growth in America’s low-altitude airspace structure within months, rather than years (Figure 3).

Figure 3 – Existing Government Authorities Enable Fast-Tracking UEC to Restore America’s Low-Altitude Safety, Security, Prosperity, and Leadership

Accelerated Rulemaking Timeline

Drawing on HASS COE’s accelerated timeline for immediate and near-term applications, a three-phase approach is recommended:

    1.     Immediate Actions (0–30 days)

    o   Interim Final Rule: Amend 14 CFR § 91.225(h)(2) to require all manned and unmanned aircraft transmit a UEC signal (ADS-B, ADS-L, or approved EC protocol) in dual-use airspace.

    o   Grant Notices: DHS issues Notice of Funding Opportunity to SLTT agencies for UEC-detection systems.

    2.     Near-Term Implementation (30-120 days)

    o   Final Rule: Publish a final UEC mandate, incorporating public comment and refining technical standards (e.g., NACp, NIC, SIL from ICAO ED-102B) for performance verification.

    o   Certification Pathway: Establish UEC device approval processes, leveraging existing portable and low SWaP-C solutions (e.g., uAvionix SkyEcho, ping2020, Ciconia CCAS) and aligning with CAP 1391 licensing for 978 MHz use in the UK.

    o   Spectrum Allocation: FCC to reclassify 978 MHz UAT for electronic conspicuity use on UAS, addressing underutilization noted in ADS-B equipage trends (UAT decline of 2,832 units over 3 years).

    3.     Long-Term Integration (>120 days)

    o   Mesh Networking Pilot: Fund prototypes of peer-to-peer UEC mesh using resilient cellular and unlicensed bands, validating nodal resilience and encrypted communications.

    o   V2V CCAS Pilots: Conduct pilot projects of low latency, spherical coverage vehicle-to-vehicle coordination and collision avoidance systems. Begin with public safety use cases such as wildland fire and drone as a first responder (DFR) where equipage can be mandated and operations tightly managed and conducted by highly trained and disciplined operators.

    o   Space-Based UEC Studies: Collaborate with NASA and commercial LEO providers to assess space-based ADS-B and 6G concepts for global coverage.

    o   Update FAA Part 91/107.

    Roadmap for Implementation

    The roadmap for implementation should reflect the accelerated rulemaking timeline enabled through the combined existing authorities of the President and the relevant Department Secretaries.  It’s important to recognize that the current state of American aviation is less safe, secure, and economically prosperous compared to what it will be once the electronic conspicuity mandate is universally implemented across the 96% of the U.S. low-altitude airspace where it currently lacks (Figure 4).

    Figure 4 - Accelerated Rulemaking Timeline

    Key Milestones:

    • Day 1–7: Secretarial directives to FAA and FCC; DHS grant guidelines.
    • Day 8–30: Interim final rule effective; public comment period opens.
    • Day 31–90: Final rule promulgated; device approval pathway published.
    • Day 91–180: Implementation audits; initial mesh network trials.
    • Day 181+: Integration into comprehensive U-Space frameworks; international standard harmonization.

    This compressed schedule ensures that UEC is operational within six months, significantly surpassing the traditional rulemaking process. This process is aligned with existing legal and regulatory authorities and mirrors the current Administrations’ action-oriented strategy on similar issues of national importance. 

    To ensure that relevant data and lessons learned are collected and used to inform regular updates to the rule, annual reviews and reports should also be mandated.

    Addressing Anticipated Stakeholder Concerns

    In any collaborative policy process, institutional resistance is inevitable; however, when policies or rules are fast-tracked, the resistance tends to be even stronger. This heightened opposition often stems from the perceived threat to established norms and the limited time for thorough deliberation.  Here are some of the anticipated points of objection and the solutions that make these concerns surmountable.

    1. Privacy: Potential tracking of private aircraft movements via universal broadcast of identity, position, and altitude could raise privacy concerns for private or corporate operators who currently rely on transponder squawks for selective anonymity.

    • Mitigation and Safeguards: Cybersecurity and privacy protection should be a universal concern for any system. To ensure robust cybersecurity and privacy, apply well-developed and widely accepted best practices. Include continuous monitoring and continuous improvement processes to maintain program robustness.

    2. Cost: Fear that small general aviation (GA) owners and operators would face significant upfront expenses to install ADS-B Out or equivalent devices, potentially running into thousands of dollars per aircraft.

    • Mitigation and Safeguards: ADS-B Out units are becoming smaller, lighter, more affordable, with some battery-powered versions available for aircraft lacking electrical systems. Considering the safety, security, and economic repercussions of not mandating UEC, the benefits far outweigh the costs.  Other electronic conspicuity systems like vehicle-to-vehicle (V2V) coordination and collision avoidance systems (CCAS) offer potential alternative methods of compliance.[xxxii] [xxxiii] Federal grants and subsidies could also be considered to defray equipage costs.
    3. Spectrum and Infrastructure: Spectrum congestion and interference from mandating millions of additional transmissions could strain existing channels, increasing the risk of message collisions or latency in data uplinks.
    • Mitigation and Safeguards: It wouldn’t be millions of ADS-B Out transmissions if limited to adding the manned aircraft that are currently not required to carry it.  Also, ADS-B Out is likely not the most suitable solution for unmanned aerial vehicles (UAS). Instead, a combination of RID (Remote Identification) and the adoption of a spherical, low latency, and low power V2V CCAS would likely be more effective for drones.[xxxiv]

    4. Regulatory and Administrative: The proposed process is significantly faster than the traditional rulemaking timeline. Concerns may arise regarding potential adverse public reactions, lawsuits, and safety concerns associated with an accelerated process that takes months instead of years. Some may consider this proposal “impossible.”

    • Mitigation and Safeguards: The current regulatory timeline is outdated and no longer reflects the available technology and the ability to test, certify, and safely field capabilities more rapidly than processes developed over fifty years ago would otherwise permit.  Examples of where the traditional regulatory and administrative processes failed include the Boeing 737 MAX (MCAS) crashes, Boeing 787 Dreamliner battery fires, and McDonnell Douglas DC-10 pylon-separation risk assessment failures.  Remember, everything is “impossible” until someone demonstrates it isn’t. Just a few examples of things that were once considered “impossible” include smartphones, rockets returning to Earth to land on “chopsticks,” and self-driving cars.
    5. Counter UAS (CUAS): CUAS proponents may seek to use this discussion to argue for expanded authorities or purchases of CUAS technologies.
    • Mitigation and Safeguards: While the CUAS discussion surrounding detection, tracking, identification, and mitigation authorities is important, ensuring everything flying in the U.S. low altitude airspace is “electronically conspicuous” is the first step to restoring American airspace sovereignty.  This starts with mandating electronic conspicuity for manned aircraft that are currently permitted to fly “electronically invisible” in 96% of the U.S. low altitude structure.  Without full domain awareness of everything that is flying in the NAS (including all manned aircraft), airspace sovereignty and security is unattainable.

    6. Law Enforcement (LE) and Military Operational Security (OPSEC): LE and military officials have previously expressed concerns that UEC will compromise necessary OPSEC, endangering lives and missions.  As a former career military pilot, DOD installation commander, and director of a federal agency’s nationwide aviation program that included sensitive law enforcement and security missions, I have firsthand operational experience in successfully implementing the following mitigations and safeguards.

    • Mitigation and Safeguards: LE agencies and DOD, in coordination with the FAA often use discrete aircraft techniques to protect sensitive operations by concealing the true ownership and mission profile of their aircraft.[xxxv]  Discreet assets file flight plans and coordinate with ATC, using cover stories to explain unusual altitudes or loiter patterns.[xxxvi]  Various agencies, such as the U.S. Marshals Service, DEA, U.S. Border Patrol, and DOI use discrete aircraft for LE sensitive and classified missions conducted in the U.S.[xxxvii] [xxxviii]  DOD also employs registration and tail-number obfuscation, transponder codes, Mode 5 IFF, generic callsign, electronic concealment, and generic flight plan techniques to maintain operational security (OPSEC).[xxxix]  The recent unnoticed departure of seven B-2 bombers from the U.S. on a combat mission to Iran stands as an example of how this is routinely accomplished by the military without jeopardizing airspace safety and security.[xl]  The January 29, 2025, fatal midair collision of a military helicopter that had its EC device turned off demonstrated the real safety risk of this approach to OPSEC.[xli]
    By proactively integrating these mitigations and safeguards, we can thoughtfully address and overcome stakeholder objections, leading to a smoother adoption of this essential standard of visibility for all aircraft.

    A Call to Action to Unleash the U.S. Low-Altitude Economy

    The low-altitude economy is projected to exceed $31 billion by 2026 and grow to a projected $1 trillion market by 2040 with eVTOL and drone commerce. However, this growth is only within reach if airspace safety and security keep pace.[xlii] Universal electronic conspicuity is the keystone: it unlocks scalable BVLOS operations, integrates manned and unmanned traffic, and fortifies national security. By harnessing emergency rulemaking authorities and the proposed accelerated timeline, the Administration can mandate universal EC in months, resolving safety, privacy, security, and cost concerns (Figure 5).

    Figure 5 - Available Tools Fast-Track UEC and the Resultant Positive Outcomes

    Considering the imminent release of the proposed Beyond Visual Line of Sight (BVLOS) rule by the FAA as mandated by Presidential Executive Order, it is crucial that we implement Universal Electronic Conspicuity (UEC) without delay. Failure to do so will force advanced technologies to conform to outdated constructs and legacy systems, jeopardizing America's ability to restore its leadership in aviation and air commerce. We must act now to ensure that our airspace infrastructure supports innovation and growth, rather than hindering it.  Moreover, the persistent Federally authorized gaps in UEC for manned aircraft also compromise our very security and our ability to restore American airspace sovereignty.

    The path is clear: (1) issue the interim rule, (2) engage stakeholders with robust mitigations and safeguards, and (3) begin incorporating UEC as the standard in low altitude BVLOS airspace management and security protocols. Doing so will secure America’s skies—and its safety, economic and technical leadership in this next frontier of aviation (Figure 6).

    Figure 6 - American Low Altitude Safety, Security, Economic Prosperity, and Leadership Depend on Universal Electronic Conspicuity

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