Comment from Joe Darmofal

RE: Public Comment on Proposed Rules for Unmanned Aircraft System (UAS) Operations Over Critical Infrastructure and Fixed Site Facilities (Section 2209 of the FAA Extension, Safety, and Security Act of 2016) As the Director of Flight Services for Banner Health, with over 30 years of experience in critical care and emergency medicine, I am writing to submit formal public comments regarding the implementation of Section 2209. Helicopter Emergency Medical Services (HEMS) and fixed-wing air ambulance operations represent a unique, highly vulnerable segment of low-altitude aviation. While we strongly support the technological advancement, economic potential, and standard commercial deployment of the Unmanned Aircraft System (UAS) industry, the safety of manned emergency medical aircraft must remain paramount. The threat environment surrounding low-altitude airspace has evolved dramatically, as seen in both well-documented domestic civilian near-misses and shifting global military security contexts. To preserve the integrity of life-saving medical flights and national security the FAA’s final framework for Section 2209 must mandate absolute deference to manned emergency aircraft and tightly regulate UAS operations over and around critical health infrastructure. The Problem: Immediate Low-Altitude Conflict The critical intersection between HEMS operations and unregulated or non-compliant UAS operations is not a theoretical hazard; it is an active, escalating operational crisis. Earlier today, on June 2, 2026, our flight program experienced a severe near-midair collision that underscores the exact regulatory gaps Section 2209 must address. One of our HEMS aircraft was executing a departure from a rural hospital landing zone in Grand County, Colorado. During the critical phase, a civilian Unmanned Aerial Vehicle (UAV) significantly exceeded its altitude limitations, operating directly within the departure corridor. The UAV came within 100 feet of our aircraft. This incident highlights two fatal flaws in the current low-altitude ecosystem: 1 Inability to Deconflict in Real Time: Manned aircraft crews currently have zero capability to communicate directly with unmanned vehicle operators during an in-flight emergency. When a HEMS crew identifies a visual conflict at 500 feet Above Ground Level (AGL), there is no common radio frequency, digital handshake, or immediate traffic coordination mechanism to resolve the spatial conflict. 2 The Vulnerability of Uncontrolled Landing Zones: Hospital helipads, temporary scene calls (such as highway accidents), and rural landing zones are highly dynamic environments. UAS hobbyists and non-urgent commercial operators routinely operate nearby without awareness of incoming, time-critical medical flights. The Imperative for Strict Regulation under Section 2209 The FAA must recognize fixed-site healthcare facilities, specifically all hospitals with designated heliports and trauma centers as critical infrastructure under Section 2209. Non-urgent commercial operations and hobbyist flights must be prohibited within these defined airspaces unless specifically authorized and integrated into an automated, real-time deconfliction network. Our position is anchored on three core principles: Absolute Right-of-Way and Deference: The FAA must codify an unyielding hierarchy of airspace priority. Manned aircraft, particularly emergency medical and public safety assets, must always be granted automatic deference over unmanned hobbyists and non-urgent commercial activities. A hobbyist photograph or a routine commercial package delivery must never compete with a patient requiring medical transport. Mandatory, Interoperable Digital Deconfliction: Future rules must move beyond passive "Remote ID" tracking and enforce active, latency-free geofencing around critical infrastructure. If a HEMS asset activates a flight plan or transmits an emergency transponder code, nearby UAS networks should automatically receive a command to yield, descend, or land. Balanced Industry Integration: We recognize that the UAS industry provides massive societal value, including the future potential for rapid blood, organ, and medical supply delivery. However, the commercial scaling of this industry cannot outpace the foundational safety architectures required to protect human lives in the sky and on the ground. Conclusion The near-miss in Grand County today could have resulted in a catastrophic loss of life, the destruction of a vital multi-million dollar air medical asset, and the denial of emergency care to a critical patient. As the FAA finalizes the rules for Section 2209, I urge the rulemaking committee to enact strict, enforceable boundaries around fixed-site healthcare facilities and mandate absolute right-of-way protocols for manned emergency aircraft. Thank you for your time, consideration, and continued commitment to aviation safety. Sincerely, Joe Darmofal