Port industry advocates for more drone restriction authority in FAA rulemaking

Yesterday, the American Association of Port Authorities (AAPA) submitted comments to the Federal Aviation Administration (FAA) Office of Rulemaking in response to a Notice of Proposed Rulemaking (NPRM) on the designation of unmanned aircraft flight restrictions (UAFRs) around eligible fixed site facilities, including ports. The NPRM is part of the FAA’s implementation of Section 2209 of the FAA Extension, Safety, and Security Act of 2016.

At the outset of the letter to the FAA, AAPA President & CEO, Sang Yi stressed that “ports routinely handle hazardous materials, military cargo, cruise passengers, energy products, chemical shipments, and essential consumer goods that are vital to national economic and homeland security. Unauthorized drone activity in the vicinity of any of these facilities raises safety, surveillance, and operational concerns. Moreover, the threat posed by attack drones is particularly acute in the cruise sector, where a single vessel may carry several thousand passengers and crew.”

After extensive feedback and input from ports, especially members of AAPA’s Security Committee, the letter covered several highly technical points and concerns on the NPRM. The industry comments outlined eight specific recommendations to:

1. Streamline Eligibility for Maritime Transportation Facilities;

2. Recognize Port Authorities as Governing Critical Infrastructure Operators;

3. Allow Flexibility Beyond Strict Property-Line Boundaries;

4. Address Vertical Boundary Limitations and Aerial Surveillance Risks;

5 Improve Coordination and Processing Capacity;

6. Address Authorized Operations and Operational Flexibility;

7. Protect Sensitive Security Information and Security Documentation; and

8. Continue Advancing Detection and Mitigation Authorities.

Later in the comments, Yi also emphasized that “the consequences of unauthorized drone activity at a port may extend far beyond the immediate facility and impact broader economic resilience, defense readiness, and homeland security objectives. Given the sensitivity of their operations and proximity to large population centers, ports represent some of the most mature and security-conscious critical infrastructure operators in the nation.”

While AAPA commends FAA for these proposed rules, our industry strongly encourages the Federal Government to build off this rulemaking that covers flight restrictions of civilian drones and also expand detection and mitigation authorities against other malicious and foreign actors.