DSPA Urges FAA To Use Section 2209 NPRM To Preempt 25 State Drone Airspace Laws
AI Analysis
The Drone Service Providers Alliance (DSPA) is urging the FAA to utilize the upcoming Section 2209 rule to preempt 25 state laws regulating drone airspace around critical infrastructure. The DSPA argues federal preemption is crucial due to the lengthy delay in implementing the federal rule, which allowed states to create a conflicting patchwork of regulations. The FAA is currently accepting comments on the proposed rule (Docket No. FAA-2026-4558) until July 6, 2026.
Key Takeaways
- Section 2209 of the 2016 FAA Extension, Safety and Security Act mandated a rule for critical infrastructure airspace regulation, but the NPRM was published nearly 3,600 days past the deadline.
- The proposed rule (14 CFR Part 74) establishes two tiers of Unmanned Aircraft Flight Restricted (UAFR) zones: Standard and Special.
- DSPA’s primary concern is the potential for conflicting state laws and advocates for a new section (§ 74.240) explicitly declaring UAS airspace regulation an exclusive federal function.
- The proposed preemption clause would preserve state authority over traditional areas like trespass, privacy, and land use.
- The comment period focuses on five areas: flight access over UAFR sites, designation application process, flight approval procedures, counter-drone authority, and federal preemption.
Why It Matters
This situation highlights the ongoing struggle between federal and state control over drone airspace, impacting commercial drone operations and national security. A clear federal framework is essential for enabling the safe and efficient integration of drones while protecting critical infrastructure. The outcome will set a precedent for future drone regulations and potentially influence counter-UAS deployment strategies.
DSPA Urges FAA To Use Section 2209 NPRM To Preempt 25 State Drone Airspace Laws
Photo credit: DroneXL
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The Drone Service Providers Alliance is pressing the FAA to use its long-overdue Section 2209 rule to invalidate the patchwork of critical infrastructure airspace laws that 25 states wrote while the federal rule sat undone for nearly a decade. In a comment guide posted to the alliance’s website, DSPA President Vic Moss laid out a five-point framework for what working pilots should put in the docket before the comment window closes July 6, 2026. Federal preemption tops his list.
The proposed rule itself is, by Vic’s read, mostly reasonable. It creates a new 14 CFR Part 74 with two designation tiers: a Standard UAFR for sites like electrical substations and amusement parks, and a Special UAFR for sensitive federal facilities. Five operational parts can transit a Standard UAFR with Remote ID broadcast and notification. Recreational pilots flying under 49 U.S.C. 44809 are not on that list. DroneXL has been tracking Section 2209 since January 2023, when the rule was already six years past its statutory deadline.
DSPA’s Five-Point Comment Framework Targets The Operational Details
DSPA’s comment guide breaks the NPRM into five focus areas where industry input can shape the final rule: who can fly over UAFR sites, who can apply for designation, what the flight approval process looks like, whether Part 74 permits counter-drone authority, and how the rule handles federal preemption of state airspace law. The five buckets reflect the alliance’s working pilot membership.
The NPRM was published in the Federal Register on May 6, 2026 and opens a 60-day comment window under Docket No. FAA-2026-4558 at regulations.gov. Section 2209 of the FAA Extension, Safety and Security Act of 2016 gave the agency 180 days from the July 15, 2016 enactment to set up this process. The NPRM landed nearly 3,600 days after that deadline.
Federal Preemption Is The Highest-Priority Fix In Vic’s Framework
Vic calls federal preemption “the single most important near-term issue that must be addressed in 14 CFR §74,” because 25 states have already written their own critical infrastructure drone laws while the federal rule sat undone for nearly a decade. The math is what drives his ranking. State legislatures filled the vacuum. Once Part 74 lands, those state rules will either survive or fall depending on what the agency writes.
Vic’s comment guide proposes adding a new § 74.240 titled “Federal Exclusivity and Preemption.” His suggested text would declare UAS airspace regulation an exclusive federal function. It would preempt any state, tribal, territorial, or local rule that restricts UAS operations based on proximity to critical infrastructure. It would also preserve traditional state authority over trespass, privacy, land use, and nuisance. That last carve-out matters because it neutralizes the most common state