ILTA Set to Publish Comments on Key Rulemaking Protecting Terminals from Drone OverflightOn May 6, 2026, FAA released a Notice of Proposed Rulemaking (NPRM) titled, "Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility.” This regulation would establish the process for certain fixed-site critical infrastructure facilities to apply for an Unmanned Aircraft Flight Restriction (UAFR), offering stronger protections for critical infrastructure against unidentified drones and other unmanned aircraft.
On June 30, 2026, FAA extended the deadline for comments from July 6, 2026, to August 5, 2026. Why This Matters Numerous ILTA members have raised concerns about drone activity above and near their facilities, including potential physical security, cybersecurity, and operational risks. While this rulemaking would not authorize terminal operators to take counter-UAS action, it would establish a stronger regulatory framework for federal, state, and local law enforcement to help prevent unauthorized drone activity over protected facilities.
In its comments, ILTA is working to ensure that terminals are clearly recognized as protected facilities and that the application process for UAFRs and related compliance requirements is clear, practical, and not overly burdensome. ILTA is also advocating for secure submission methods that do not create additional cybersecurity or facility security risks. ILTA to Testify Before OSHA on Fixed Ladder Rule Beginning August 19, 2026, OSHA will host a public hearing regarding the fixed ladder NPRM, which was released on April 6, 2026. This proposed rule says that ladders installed before November 19, 2018, that extend more than 24 feet would be required to be fitted with a personal fall arrest system (FAS).
As part of ILTA’s advocacy efforts, we have joined a coalition led by Conn Maciel Carey LLP to submit a comment letter challenging the need for additional fixed ladder mandates at terminal facilities. In conjunction with the submitted comment letter, Byrne Evans of IMTT and co-chair of ILTA’s Health & Safety Committee will testify on behalf of the association during the public hearing. Why This Matters Adding a FAS to every ladder that fits the requirements set in the NPRM could create more problems for both employees and contractors at our facility sites. The testimony will demonstrate how the current safety mechanisms can adequately protect personnel without unduly burdening operators. Assistant Administrator Aaron Szabo Leaving EPA On July 7, 2026, Aaron Szabo, Assistant Administrator for EPA’s Office of Air and Radiation, announced that he would be stepping down from his role. Szabo and his team have been responsible for responding to ILTA’s petitions for reconsideration of EPA’s 2024 final Gasoline Distribution and NSPS Subpart Kc rules. His office has also been involved in reviewing and approving the proposed rule that ILTA has advocated for over the past several years. Why This Matters As a political appointee, Szabo served as the primary point of contact for negotiations related to the petitions and proposed rules. His departure came just as ILTA expected to receive a decision on its petitions in late June, which may explain why a new proposed rule has not yet been released.
At this time, it is unclear when a successor will be appointed or when the proposed rule will be published.
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