(TLP:CLEAR) FAA Extension, Safety, and Security Act of 2016 – Section 2209 Notice of Proposed Rulemaking
Created: Thursday, May 7, 2026 - 14:15
Categories: Federal & State Resources, General Security and Resilience, Security Preparedness
Summary: This week, the Designation – Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility was filed for public inspection in theFederal Register. The Notice of Proposed Rulemaking (NPRM) is scheduled for a 60-day public comment period to inform the direction and substance of the Final Rule.
Section 2209 of the Federal Aviation Administration (FAA) Extension, Safety, and Security Act of 2016 (FESSA 2209) directed the FAA to establish a process by which certain critical infrastructure owners and operators may petition the FAA to prohibit or restrict, including temporarily, the operation of an unmanned aircraft, or drones, in close proximity to a fixed site facility. The NPRM contains the proposed rules to request and maintain these unmanned aircraft flight restrictions.
Any member of the public, including the critical infrastructure community, can provide written comments on the NPRM during the 60-day public comment period.
Detailed information about the NPRM and instructions for submission of public comments is available at Federal Register :: Public Inspection: Designation: Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility.
Analyst Note: Drones are increasingly being used by a variety of threat actors to target critical infrastructure. Water and wastewater utilities continue to regularly report to WaterISAC unauthorized drone overflights and drones found on their property. Drones have also been used to specifically target utilities for criminal purposes. In short, the proliferation of drones almost certainly means that they will become a growing threat to critical infrastructure organizations for the foreseeable future.
Mitigation Recommendations:
- CISA – Be Air Aware
- (TLP:CLEAR) CISA Releases Three Unmanned Aircraft Systems (UAS) Security Guidance Products
Related WaterISAC PIRs: 1, 2, & 4