Joint Letter to the FAA on the Proposed Rule on Restricting the Operation of Unmanned Aircraft Near Critical Infrastructure Sites

To Whom It May Concern:

The Bank Policy Institute and American Bankers Association appreciate the opportunity to comment on the Federal Aviation Administration's proposed rule to restrict drone operations over certain critical infrastructure sites. As the proposal notes, unmanned aircraft systems pose unique and evolving threats to the critical physical infrastructure operated by financial institutions.

The financial industry supports the FAA's proposed implementation of section 2209 because it establishes a lawful, measured, and necessary process for restricting unmanned aircraft operations near qualifying critical infrastructure sites. Congress directed the FAA to create a process under which operators or proprietors of certain fixed-site facilities may request an unmanned aircraft flight restriction. The proposal would do so through a new part 74 framework requiring applicants to show a site-specific need grounded in aviation safety, protection of people and property on the ground, national security, or homeland security.

Our members operate thousands of facilities that support the continuity, resilience, and security of the financial services sector. Unauthorized unmanned aircraft activity near those sites can create obvious and legitimate risks including: surveillance, hostile reconnaissance, operational disruption, interference with emergency response, and threats to executives, employees, customers, and critical business functions. This is also an area where cyber and physical security converge. Unauthorized drone activity can enhance threat actor reconnaissance efforts for planning cyber intrusions, fraud, extortion, and ransomware attacks.

The proposed rule addresses those risks in a sensible way. It does not impose a blanket prohibition on drone operations. Instead, it creates a petition-based framework with facility-specific justification, defined boundaries, FAA review, and limited exceptions for certain operations within a designated unmanned aircraft flight restriction.

That balance matters. A designated restriction gives compliant operators clear notice of where they cannot fly. It also helps corporate security teams and law enforcement distinguish authorized activities from those that are suspicious or unlawful—strengthening preventive security before an incident occurs. Similarly, we appreciate that the proposal provides other critical infrastructure sectors we depend upon (e.g. energy, water, and telecommunications) with the same pathway to petition the FAA for an unmanned aircraft flight restriction when circumstances warrant.

Download the joint comment letter to read the full text.