The 2209 NPRM. Why It’s Critical We Comment - Drone Service Providers Alliance
AI Analysis
The FAA has finally released a Notice of Proposed Rulemaking (NPRM) addressing UAS restrictions near critical infrastructure, almost 3600 days past the initial mandate from the 2016 FAA Extension, Safety, and Security Act. The NPRM establishes a framework for designating 'Unmanned Aircraft Flight Restrictions' (UAFRs) – Standard and Special – around facilities like power plants and refineries. The delay has prompted 25 states to enact their own regulations, creating a patchwork of rules.
Key Takeaways
- The NPRM creates a process for critical infrastructure facilities to petition the FAA for UAS restrictions.
- Two tiers of UAFR are proposed: 'Standard' (lower security, approval/notification process) and 'Special' (high sensitivity, likely DOD/national security sites).
- The NPRM limits the ability of UAFR sites to independently control UAS operations, maintaining FAA authority.
- The delay in federal regulation has led to a proliferation of state-level UAS laws, creating regulatory complexity.
- The industry is encouraged to provide feedback during the public comment period to shape the final rule.
Why It Matters
This NPRM is crucial for establishing a consistent national framework for securing critical infrastructure against potential drone-based threats. A standardized approach will reduce regulatory burdens on commercial drone operators while enhancing security protocols. The outcome will significantly impact both the commercial drone industry and national security preparedness.
The 2209 NPRM. Why It’s Critical We Comment - Drone Service Providers Alliance
The long-awaited (and desperately needed) Notice of Proposed Rulemaking (NPRM) was finally published in the Federal Register on May 6th. The NPRM creates a new 14 CFR §74, establishes the process by which designated critical infrastructure facilities can apply for protected status, and defines who can fly over these sites and how those flights can be approved.
“2209” refers to Section 2209 of the FAA Extension, Safety, and Security Act of 2016. That section gave the FAA 180 days from enactment to establish a process allowing applicants to petition the FAA to prohibit or restrict unmanned aircraft operations near fixed-site facilities. And since the 2016 Act was enacted on July 15th, 2016, that makes this NPRM almost 3600 days late.
And one of the biggest consequences of that indefensible delay is that states started filling that void with their own critical infrastructure airspace laws. We all know states love stepping in when the federal government leaves a vacuum in UAS regulation. And so far, 25 states have done exactly that.
So what can we do as an industry?
Like all NPRMs, the public gets an opportunity to comment on the proposed rule and explain how it will affect their lives and businesses. More importantly, those of us actually operating in the field, the boots on the ground if you will, can provide the FAA with real-world insight about what works, what doesn’t, and what unintended consequences can be prevented in the Final Rule. We are the people best positioned to do exactly that.
Let’s break this NPRM down.
At the highest level, this actually isn’t a bad NPRM. It lays out the categories of critical infrastructure sites that can apply for designation, explains the application process, and defines two categories of secure sites called Unmanned Aircraft Flight Restrictions (UAFRs). The first category is the “Standard UAFR,” intended for facilities requiring a lower level of security protection. The second is the “Special UAFR,” which would apply to highly sensitive federal or supported sites and likely include DOD and national security facilities.
The NPRM also outlines who can operate over these sites and the process by which those operations can be approved.
And it limits what actions UAFR sites can take when it comes to controlling UAS in or near their sites.
UAFR Designations
Let’s start with the “Standard UAFR.” This is the category most facilities would likely fall under, and it would restrict drone operations near or above qualifying facilities, allow certain operational and transit exceptions, and be administered through an approval/notification process.
Most critical infrastructure application approvals would likely land in this category. Which is generally good news for the commercial UAS industry. That list could include:
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Electrical substations
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Power grids
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Railroad facilities
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Refineries
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Amusement parks
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Zoos