Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking from the FAA on “Designation - Restrict the Operation of an Unmanned Aircraft in Close Proximity to a Fixed Site Facility”. The NPRM was submitted to OIRA on May 13th, 2025.
According to the Spring 2025 Unified Agenda entry for this rulemaking:
“This action would implement section 2209, Applications for designation, of Public Law 114-190 [link added], 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.”
Interestingly, that entry has a different set of legal deadlines for publishing the NPRM and Final Rule. The new publication deadlines were set by Sec 929 of the FAA Reauthorization Act of 2024 (PL 118-63,138 Stat. 1365). That section made a minor amendment to the wording of the earlier Sec 2209 and set the new deadlines.
I expect that the NPRM will be published in the Federal Register next month.
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