Citing national security needs, the FCCand FAA take steps on UAS regulation

The FCC and FAA have taken steps to regulate drone operations near critical infrastructure, with the FAA proposing a new petition-based system allowing facility owners to apply for drone flight restrictions over their sites. The proposed rule would create two levels of restricted airspace and applies to facilities across 16 critical infrastructure sectors, such as energy, transportation, and healthcare. State laws, such as Florida's Unmanned Aircraft Systems Act, may impose additional independent restrictions on drone operations beyond the federal framework.

Notes

A legal alert from Holland & Knight discussing parallel regulatory actions by the FCC and FAA addressing drone security concerns. The FCC released a Public Notice seeking comment on reforms to enable American drone operations and counter-UAS technology, while the FAA published a long-awaited NPRM implementing Section 2209 of the FAA Extension Act to establish processes for drone flight restrictions over critical infrastructure facilities.

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