OCIA Support to FAA FESSA § 2209 April 24, 2017

The FAA Federal, Safety, and Security Act of 2016 (FESSA), § 2209 FESSA §2209 requires the FAA to establish a process for enabling applicants to prohibit or restrict operation of Unmanned Aircraft (UA) in “close proximity” to select fixed site facilities.

Application Considerations FESSA §2209 states that only the following types of fixed site facilities may be considered: Critical infrastructure, such as energy production, transmission, and distribution facilities and equipment Oil refineries and chemical facilities Amusement parks Other locations that warrant such restrictions

Application Determinations In making a determination whether to grant or deny an application for a designation, the FAA Administrator may consider: Aviation Safety Protection of persons and property on the ground National Security Homeland Security

Approach Establish guidelines for consideration Develop a draft list of potential facilities warranting UA restrictions Socialize guidelines and draft list with Sector Specific Agencies Finalize the list and provide it FAA Work with FAA and SSAs to develop a long term collaboration plan for continued site evaluation

Assumptions Intentional kinetic attacks will not be a determining factor in the selection process. The assumption is that an individual willing to commit this type of attack will disregard any restrictions put in place. Infrastructure with permanent or temporary airspace restrictions will not be considered.

Criteria OCIA recommends that applications for a prohibition or restriction of UA in “close proximity” to a fixed site be evaluated using a two-pronged approach: facility characteristics and facility criticality. Facility Characteristics- The characteristics of the facility should be evaluated to determine the vulnerability of the facility and its inhabitants to UAs as such the facility should meet at least one of three following criteria: External Security Operations. The reconnaissance of the external security operations will put National Security and/or Homeland Security at risk. The external security is significant and include protective measures such as fences or guard rotations. UA reconnaissance of the external security will provide actionable information or intelligence. Exposed intellectual property. The intellectual property susceptible of being exposed is unique to that facility or its processes. The intellectual property is exposed and not primarily located indoors. Risk to persons or property from direct impact. Property is vulnerable to significant damage caused by UA impact. Open air facility with large group of people. Will not be considering infrastructure with preexisting airspace restrictions. Facility Criticality The evaluation of the criticality of the infrastructure will be based on the potential impacts to public health or safety, economic security, or national and homeland security.

Maritime Recommendations Incorporate CFATS and Maritime Transportation Security Act of 2002 (MTSA) to aide in determining a chemical facility’s criticality. Consider all MTSA regulated facilities, including those outside of the Chemical Sector. Ports are an infrastructure within the Maritime Subsector that will likely warrant restriction. Due to their size, incorporate areas requiring the Transportation Worker Identification Credential (TWIC) reader rather than the entire port. An owner/operator should have unfettered discretion to use UAs in airspace around their own facility with the “no fly zone” applying to all others.