ACC Weighs in on FAA’s Proposed Drone Rule in the Face of Growing Threats

The American Chemistry Council (ACC) recently submitted comments on the FAA’s proposed rule to implement section 2209 aimed at protecting critical infrastructure from the growing threat posed by drones. Bottom line: We see this as an important moment to help protect American chemistry and boost national security.

While the rule may seem new, the effort behind it is anything but. Congress first directed the FAA to establish this framework through Section 2209 of the FAA Extension, Safety, and Security Act of 2016, and industry has been waiting for more than a decade for a practical process that allows critical infrastructure operators to seek airspace protections around high-risk facilities.

Chemical facilities across the country are reporting a rise in drone activity near their operations, highlighting a clear and growing security risk. While drones are powerful tools that support safety, efficiency, and innovation, their misuse (whether intentional or accidental) can pose serious challenges.

When unauthorized drones enter facility airspace, they can be used to spy on sensitive operations, interfere with equipment, or even cause physical damage. In some cases, even a lost or malfunctioning drone can create safety risks. These are not abstract concerns they are real-world issues facing facilities that help power the U.S. supply chain and economy every day.

For example, in our comments we cite new survey data of chemical facility operators that shows drone incidents are no longer a theoretical concern:

• More than 80% of respondents said drones pose a threat to one or more of their facilities
• Nearly 90% said the threat has increased over the past five years, and more than 93 percent expect the risk to continue growing.
• More than 75% of facilities have already experienced at least one unauthorized drone incursion.

Just as telling, more than 90% of respondents said they would seek drone restrictions if eligible, demonstrating strong support for putting a drone security program in place.

That’s why ACC believes facilities need straightforward, risk-based federal protections that help prevent misuse while still allowing for the safe, productive use of drone technology.

In our comments, ACC encourages the FAA to adopt a flexible, risk-based approach that does not create undue regulatory burdens. Specifically, the rule should:

• Avoid recreating CFATS-like screening, tiering, or risk-ranking requirements
• Leverage existing security assessments and risk analyses already in place at facilities
• Protect sensitive security information and confidential business information
• Prevent delays by avoiding premature or overly prescriptive requirements, such as Remote ID mandates before protections are granted

This is the kind of smart, streamlined framework that can deliver real security benefits without adding complexity or cost.

For decades, ACC member companies have invested heavily in security programs, risk assessments, emergency preparedness, and continuous improvement through initiatives such as Responsible Care®. Many facilities already conduct extensive security planning, maintain physical security measures, coordinate with government partners, and evaluate emerging threats as part of their normal operations. Those efforts should put many facilities in a strong position to apply for drone security protections under the new Section 2209 program once it is finalized.

At the end of the day, this isn’t about choosing between the need to implement security measures and utilizing the benefits of drones. We can—and must—do both. Protecting critical infrastructure while enabling continued advancement in drone technology is not only possible, but also essential.

ACC appreciates the work of the FAA and looks forward to working with the agency and other federal partners to finalize a rule that strengthens security, reduces unnecessary burdens, and ensures facilities have the tools they need to stay ahead of evolving drone threats.