The FAA has extended the comment period on its proposed rule to establish drone flight restrictions near certain fixed site facilities, giving the public until Aug. 5 to submit comments.
Proposed Rule Would Create New UAS Restrictions
The proposed rule would create a process for operators and proprietors of eligible facilities to request an unmanned aircraft flight restriction, known as a UAFR. Applicants would need to show the FAA that a restriction is needed for aviation safety, protection of people and property on the ground, national security or homeland security. The agency said the designation would apply only to unmanned aircraft and would not authorize facility operators to jam, capture or otherwise interfere with drones.
Under the proposal, eligible fixed site facilities could include certain critical infrastructure, energy facilities, oil refineries, chemical facilities, amusement parks, railroad facilities and state prisons. A standard UAFR would generally be limited to the applicant’s property boundaries and extend up to 400 feet above ground level, unless a taller structure required a higher ceiling. The FAA is also proposing a special UAFR category for sites where it determines there is a credible safety or security concern.
Advocacy Groups Cite Security, Access Concerns
“Unauthorized drone activity over chemical facilities presents real and evolving security challenges,” the American Chemistry Council said in a May 8 statement. “This proposal is a step in the right direction to help close long-standing gaps by putting clearer protections in place and giving authorities stronger tools to keep restricted airspace secure.”
Drone industry groups have said the rule should preserve access for lawful operations, including inspection, agriculture and other commercial work. AUVSI said its review of the proposal will focus on access for certificated operators, notification requirements and maintaining FAA control over UAFR airspace.
“After nearly a decade of delay, it is good to see the FAA finally move forward with a proposed Section 2209 rule to establish a formal federal framework for facility-based drone restrictions,” said Michael Robbins, president and CEO of the Association for Uncrewed Vehicle Systems International. “AUVSI welcomes the effort to bring more clarity, consistency, and a single national standard to this issue, and we will be working to ensure the final rule preserves workable access for compliant operators conducting legitimate missions like infrastructure inspection, agriculture, and commercial services.”
The FAA originally set the comment deadline for July 6. The extension followed a request from the New York attorney general’s office, which asked for more time to review the proposal and coordinate comments.
