Essential Points for Drone Operators Regarding Section 2209
The implementation of Section 2209, a key provision of the FAA Extension, Safety, and Security Act (FESSA) from 2016, may be extended to February 2024. This delay has sparked concern among industry stakeholders, including the U.S. Chamber of Commerce, the Association of Unmanned Vehicle Systems International, and the Commercial Drone Alliance.
Section 2209 is crucial for making the national airspace more accessible for large-scale commercial drone use. It provides a framework for the safe integration of drones with critical infrastructure, such as energy production, transmission, and distribution facilities, oil refineries, chemical facilities, amusement parks, and other locations that warrant restrictions.
Despite appearing restrictive, Section 2209 is intended to ensure the safe operation of drones near critical infrastructure. A "fixed site facility" under Section 2209 includes such critical infrastructure, and the provision aims to prohibit or restrict the operation of drones in close proximity to these facilities (an affirmative designation).
The lack of Section 2209 implementation has led to local and state legislatures defining their own rules for drone operations near critical infrastructure. However, these local laws can be inconsistent, vague, and more restrictive than what is implemented at the federal level. This patchwork of laws affects not just drone operators and businesses, but also law enforcement.
The original implementation deadline for Section 2209 was January 2017, but it has been delayed. The FAA Reauthorization Act of 2018 mandated that the FAA have a notice of proposed rulemaking (NPRM) for Section 2209 by March 2019, but this deadline was not met.
Letters have been sent to the FAA by various organisations expressing their concern about the delays and urging lawmakers to implement Section 2209 soon. The U.S. Chamber of Commerce recognizes that the delays are likely due to the FAA holding discussions with agency stakeholders. However, they also urge that such discussions be given a timetable and that the implementation of Section 2209 be provided with a clear structure and a sense of urgency.
Section 2209 is not widely discussed in the drone community compared to topics like Remote ID, the TRUST exam, or developments in the BVLOS situation. However, a standardized set of rules for critical infrastructure, as provided by Section 2209, would make it easier for drone pilots to comply with restrictions.
The exact reasons for the delay in the implementation of Section 2209 are not specified in the provided text. The delays in Section 2209 implementation have resulted in a patchwork of state laws that can be hard to comply with and implement. It remains to be seen when Section 2209 will be fully implemented, but stakeholders continue to urge the FAA to prioritise this important provision.
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