Essential Insights for Drone Operators on Section 2209 Regulations

The Federal Aviation Administration (FAA) has been urged to expedite the implementation of Section 2209 of the FAA Extension, Safety, and Security Act (FESSA), a rulemaking that aims to regulate drone operations near critical infrastructure sites. The U.S. Chamber of Commerce and other industry stakeholders have expressed concerns about the delays, calling for a clear structure and a sense of urgency in the implementation process.

Section 2209, mandated by law since 2016, requires the FAA to establish procedures for restricting or prohibiting drone operations near critical infrastructure sites such as energy facilities, oil refineries, chemical plants, amusement parks, and other sensitive locations. The rule is designed to ensure the safe integration of drones with critical infrastructure, providing a framework for their safe use while minimising potential risks.

The lack of a finalised Section 2209 rule has resulted in a patchwork of state-level regulations and inconsistent protections, creating operational uncertainty for infrastructure operators, law enforcement, and drone operators alike. This regulatory gap has proved most harmful for the drone industry, as it hinders the national airspace from becoming more accessible for large-scale commercial drone use.

The implementation of Section 2209 will make it much easier for drone pilots all over the country to comply with restrictions, eliminating any ambiguity in the language. A "fixed site facility" under Section 2209 includes energy production, transmission, and distribution facilities and equipment, oil refineries and chemical facilities, amusement parks, and other locations that warrant restrictions.

The FAA's mission of opening up airspace for wider drone use may not be directly contradicted by Section 2209, as it focuses on safety and infrastructure protection. Despite seeming restrictive, Section 2209's goal is to ensure the safe integration of drones with critical infrastructure, not to hinder their use.

The original implementation deadline for Section 2209 was January 2017, but it was not met. The FAA was supposed to have a notice of proposed rulemaking (NPRM) for Section 2209 by March 2019, but this deadline was also not met. The delay in the implementation of Section 2209 may be moving to February 2024.

The delays have created challenges for law enforcers as well as drone operators and businesses. Section 2209 has not received the same level of attention in the drone community as stories like Remote ID, the TRUST exam, or developments in the BVLOS situation.

Many industry stakeholders, including the U.S. Chamber of Commerce and the Association of Unmanned Vehicle Systems International, have expressed concerns about the delays in implementing Section 2209 and have urged lawmakers to act soon. The implementation of Section 2209 will create standards for the implementation of drone restrictions in critical infrastructure, providing regulatory clarity, enhancing public trust, and improving coordination among agencies responsible for airspace security.