DOT Sends UAS Flight Restriction Application NPRM to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the DOT’s Federal Aviation Administration (FAA) on “Designation - Restrict the Operation of an Unmanned Aircraft in Close Proximity to a Fixed Site Facility”. This rulemaking was required by §2209 of the FAA Extension, Safety and Security Act (PL 114-190, 130 STAT. 634), and was supposed to have been completed by January 11^th, 2017.

According to the Fall 2024 Unified Agenda entry for this rulemaking:

“This action would implement section 2209, Applications for designation, of Public Law 114-190, the FAA Extension, Safety and Security Act of 2016 (130 Stat. 634). Specifically, this rule would establish the criteria and procedures for the operator or proprietor of eligible fixed site facilities to apply to the FAA for an unmanned aircraft-specific flight restriction. In addition, this rule would establish the substantive criteria based on the enumerated statutory considerations (i.e. national security and aviation safety) that the FAA will use in determining to grant or deny a petition, as well as the procedures for notifying the petitioner of the determination made and the process for resubmission of any denial. Lastly, this rule would establish the process to be used by the FAA to implement the unmanned aircraft-specific flight restriction and notify the public.”

This rulemaking will almost certainly not provide any authority to facilities to take actions to enforce the flight restrictions. That would require additional legislative action.