AUVSI Statement on FAA’s Proposed Section 2209 Rule

May 6, 2026

The Association for Uncrewed Vehicle Systems International (AUVSI) welcomes the Federal Aviation Administration’s publication today of a long-awaited proposed rule to implement Section 2209 of the FAA Extension, Safety, and Security Act of 2016, establishing a formal federal process to designate airspace restrictions around sensitive facilities including 16 designated critical infrastructure sectors, with heightened protections for federal security and national defense sites. 

Section 2209 directed the FAA to create a process for identifying and protecting fixed-site locations where drone operations may pose security risks. Nearly a decade after its passage, the statute had yet to be implemented, leaving operators without a clear federal framework and forcing stakeholders to navigate an increasingly fragmented landscape of ad hoc, inconsistent restrictions. 

“After nearly a decade of delay, it is good to see the FAA finally move forward with a proposed Section 2209 rule to establish a formal federal framework for facility-based drone restrictions,” said Michael Robbins, President & CEO of AUVSI. “AUVSI welcomes the effort to bring more clarity, consistency, and a single national standard to this issue, and we will be working to ensure the final rule preserves workable access for compliant operators conducting legitimate missions like infrastructure inspection, agriculture, and commercial services.”  

In reviewing the proposed rule, among AUVSI’s priorities will be ensuring certificated operators, including under the forthcoming Part 108, retain meaningful access to unmanned aircraft flight restriction (UAFR) airspace, and that notification requirements scale with commercial operations rather than impede them. 

AUVSI has long advocated for a clear, risk-based approach that enables security protections while maintaining access for vetted, compliant operators. This rulemaking is also an opportunity to establish the federal framework and national standards needed to preempt the patchwork of state and local restrictions that have proliferated in its absence. AUVSI will engage across the comment process to ensure the final rule gets that balance right, including reinforcing the proposed rule’s recognition that FAA, not facility operators, retains exclusive control over UAFR airspace. 

AUVSI encourages members and stakeholders to participate in the public comment period. The proposed rule is open for comment through July 6, 2026 via docket FAA-2026-4558.