Nearly One Million Comments Highlight Importance of FAA’s Section 2209 Rule

FAA Extends Comment Period for Proposed Drone Regulation

By DRONELIFE Features Editor Jim Magill

The Federal Aviation Administration (FAA) has extended the comment period for a proposed regulation that would allow owners and operators of critical infrastructure to request flight restrictions over their facilities. The extension comes after nearly 1 million comments were submitted, prompting the FAA to move the deadline from July 6 to August 5.

Background on the Proposed Regulation

The proposed regulation is part of the FAA’s Notice of Proposed Rulemaking (NPRM) aimed at implementing Section 2209 of the FAA Extension, Safety, and Security Act of 2016. This marks the first significant regulatory development for the unmanned aviation industry in nearly a decade. An FAA spokesperson noted that the extension is intended to give stakeholders additional time to analyze the proposed rule and prepare their responses.

Industry Reactions and Implications

Various stakeholders, including drone-related companies and associations representing critical infrastructure sectors, have expressed their views on the proposed regulation. Jennifer Daskal, an expert on drone-related security threats, emphasized the potential positive impact of the rule on the security environment for critical infrastructure owners and operators. She noted that the high volume of comments reflects significant interest in the regulation’s implications.

Daskal, who has experience in homeland security and legal counsel roles, highlighted the importance of the FAA’s decision to extend the comment period, allowing entities more time to assess and respond to the proposed rule.

Details of the Proposed Rule

The proposed regulation would establish a new FAA application portal for eligible site operators to request flight restrictions near their facilities. The FAA has identified 16 categories of critical infrastructure that would qualify for these requests. Operators would need to demonstrate their facilities’ vulnerability to unauthorized drone activity to be considered for coverage.

Daskal pointed out that the rule has been a long time in the making, stemming from a mandate in the 2016 FAA Reauthorization Act. She emphasized the necessity for critical infrastructure owners to have the ability to request flight restrictions to enhance their security measures.

Concerns Regarding Sensitive Information

Despite the potential benefits, Daskal raised concerns about the sensitive security information that the FAA would require from critical infrastructure owners. She cautioned that the detailed information requested could pose security risks, as it may attract adversaries seeking to exploit vulnerabilities.

Daskal suggested that the FAA consider a self-attestation process, allowing infrastructure owners to confirm compliance with safety and security criteria without disclosing sensitive information. Additionally, she noted that some definitions within the proposed rule may be overly restrictive, potentially limiting the number of facilities eligible to apply for flight restrictions.

Future of Drone Regulation and Security

For companies like SkySafe, which develops drone-related software, the Section 2209 rulemaking presents an opportunity to collaborate with infrastructure clients on comprehensive drone and counter-UAS strategies. Melissa Swisher, SkySafe’s chief revenue officer, indicated that the company is assisting clients in developing airspace governance strategies aligned with the proposed regulation.

The anticipated regulation is expected to broaden flight-restricted areas to include various critical infrastructure sites, such as chemical plants, communication facilities, and hospitals. Swisher described the final implementation of Section 2209 as a significant milestone in the evolution of the drone-centric economy, emphasizing the need for a mature approach to low-altitude airspace security.

As drone activity continues to grow, the proposed regulation represents a critical step in addressing the security challenges posed by unmanned aerial vehicles in proximity to vital infrastructure.