FAA Extends Comment Period for the Proposed Rule To Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility

 

As noted in a previous post here, the Department of Transportation's (DOT) Federal Aviation Administration (FAA) in Washington DC issued a Notice of Proposed Rulemaking (NPRM)  published in the Federal Register on May 6, 2026, 91 FR 24650, entitled Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility. This NPRM proposes rules that  would implement section 2209 of the FAA Extension, Safety and Security Act of 2016 by establishing a process for operators and proprietors of certain fixed site facilities to request and maintain an unmanned aircraft flight restriction (UAFR); criteria to demonstrate the UAFR is necessary for: aviation safety, protection of people and property on the ground, national security, or homeland security; and identified the types of operations allowed in the UAFR. The NPRM established a comment period for the public regarding the proposed rule that was open until July 6, 2026. 

However, the FAA has now  issued a document entitled Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility; Extension of Comment Period which was published in the Federal Register on June 30, 2026, 91 FR 39568. The FAA has now extended the comment period for the NPRM published on May 6, 2026, at 91 FR 24650, and scheduled to close on July 6, 2026, until August 5, 2026.  The FAA stated that the purpose of this extension was to allow commenters additional time to analyze the proposed rule and prepare a response.

 

 

 

FAA Proposed Rule To Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility

The Department of Transportation's Federal Aviation Administration in Washington DC has issued a Notice of Proposed Rulemaking (NPRM)  published in the Federal Register on May 6, 2026, 91 FR 24650, entitled Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility.  This NPRM proposes rules that  would implement section 2209 of the FAA Extension, Safety and Security Act of 2016 by establishing a process for operators and proprietors of certain fixed site facilities to request and maintain an unmanned aircraft flight restriction over their facilities. The proposal also establishes requirements for applicants to demonstrate the unmanned aircraft flight restriction is necessary for: aviation safety, protection of people and property on the ground, national security, or homeland security. Lastly, the proposal identifies the types of operations that are allowed in the unmanned aircraft flight restriction (UAFR).

The FAA seeks comments regarding  the proposed rule by the public. The comment period for the proposed rule will run until July 5, 2026. The NPRM may be found here.

The proposed rules would allow specific categories of critical infrastructure sites to apply for restrictions on drone operations above their facilities, which will be evaluated based on safety or security criteria. The proposed rule proposes to designate sixteen sectors that would be eligible for restrictions including energy production, transportation systems, chemical facilities, water treatment plants, and defense industrial complexes. (These sectors are based on Cybersecurity and Infrastructure Security Agency (CISA) designation of 16 critical infrastructure sectors.  See Critical Infrastructure Sectors, Cybersecurity and Infrastructure Security Agency,  https://www.cisa.gov/topics/critical-infrastructure-security-and-resilience/critical-infrastructure-sectors. Accessed June 1, 2026.) 

The FAA states that the rule would establish two types of restrictions:

1. Standard Unmanned Aircraft Flight Restriction (UAFR): This general restriction bars unmanned aircraft operations within a specific boundary except operators who have previously met rigorous safety and security standards.

2.  Special Unmanned Aircraft Flight Restriction (UAF: This much more severe restriction bars unmanned aircraft operations within a specific boundary for all operators unless they have the express, prior approval from both the FAA and the sponsoring agency (ex: Dept. of Homeland Security).

The FAA notes that the UAFR  would have clearly defined horizontal and vertical boundaries and violators could face civil or criminal penalties. The rule would also allow a site operator to contact law enforcement if a drone flew in a restricted area, after which authorities can use Remote ID technology to locate the control station or operator. The proposed rule provides that drone pilots could face license suspensions, revocations, fines, and criminal charges for entering these UAFR no-fly zones.

The full list of eligible site categories are:

• Chemical
• Commercial
• Communications
• Critical manufacturing
• Dams
• Defense industrial base
• Emergency services
• Energy
• Financial services
• Food and agriculture
• Government services and facilities
• Healthcare and public health
• Information technology
• Nuclear reactors, materials, and waste
• Transportation systems
• Water and wastewater

Operations Of Unmanned Aircraft Systems Beyond Visual Line Of Sight

On August 7, 2025, the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) published a NPRM titled “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations” in the Federal Register (90 FR 38212; FAA Notice No. 25-07). Among other changes, this NPRM proposes to add a new section to the Code of Federal Regulations, 14 CFR Part 108, entitled “Operations Of Unmanned Aircraft Systems Beyond Visual Line Of Sight”. In that NPRM, FAA and TSA proposed performance-based regulations to enable the design and operation of unmanned aircraft systems (UAS, otherwise referred to as "drones") at low altitudes beyond visual line of sight (BVLOS) and for third-party services, including UAS Traffic Management, that support these operations. Congress directed the rapid development of this proposed rule in the FAA Reauthorization Act of 2024 knowing that it is needed to support the integration of UAS into the national airspace system.

The comment period for the NPRM closed at the end of October 6, 2025.  Comments are publicly available and may be reviewed here.  To date, 1,025,010 comments have been received.The FAA has not yet promulgated the Part 108 final rules. 

The FAA’s BVLOS Fact Sheet categorizes the proposed rule into several categories, summarized as follows:

1.       Operations

·         The types of operations that would be enabled pursuant to Part 108 BVLOS rules: package delivery, agriculture, aerial

surveying, civic interest – including public safety, recreation, and flight testing.

·         Operations would occur at or below 400 feet above ground level, from pre-designated and

access-controlled locations.

·         All operators would need FAA approval for the area where they intend to fly.

2.       Safe Separation

·         Operators would utilize entities called Automated Data Service Providers (ADSPs) to

support scalable BVLOS operations. ADSPs could provide services to keep BVLOS drones

safely separated from each other and manned aircraft.

·         Drones also would have technologies that enable them to automatically detect and avoid other

cooperating aircraft.

·         Drones would yield to all manned aircraft broadcasting their position using ADS-B.

·         Drones could not interfere with operations and traffic patterns at airports, heliports, seaplane bases, space launch and reentry sites or facilities where electric Vertical Takeoff and Landing (eVTOL) aircraft take off or land.

3.       Aircraft

·         Aircraft would not require traditional FAA airworthiness certificates. Rather, this rule

would establish a process for accepting the airworthiness of an aircraft based on industry

consensus standards, intended to  create a streamlined approval process.

·         The rule would require drones operated under Part 108 to have lighting and to broadcast Remote ID.

4.       Security

The rule would require operators to address and manage security risks including:

·         Developing and implementing both physical security policies and cybersecurity policies to protect facilities and networks from unauthorized access.  These policies would ensure integrity, accuracy, and reliability of operations.

·         Requiring drone manufacturers to protect aircraft from intentional electronic interference.

·         The Transportation Security Administration (TSA) would require certain personnel to obtain up to a level 3 security threat assessment as well as implementing other security programs from TSA.

5.       Operational Authorizations

The FAA is proposing two types of authorizations for BVLOS operations, depending on the scope.

·         Permits: Lower-risk operations that have limited fleet size, weight, and operational scope would

require an FAA permit. The FAA could issue these promptly. Types of permitted operations include

package delivery, agricultural, aerial surveying, civic interest, unmanned aircraft operations

training, flight testing, demonstrations, and recreational operations.

·         Certificates: Higher-risk operations due to aircraft size, weight, speed, or fleet size would

require an operating certificate. The FAA would conduct thorough reviews of the proposed

operations before issuing a certificate.

6.       Operational Responsibility for Certified Operators

The FAA proposes to require two positions: operations supervisor and flight coordinator.

·         The operations supervisor would be responsible for overall safety and security. This would

include ensuring operations meet all regulatory requirements and operating limitations that apply

to the aircraft, and ensuring all personnel are properly trained and knowledgeable.

·         Flight coordinators would directly oversee aircraft operations and intervene to ensure safe

conditions, if necessary.

·         Neither position would require holding an FAA-issued airman or remote pilot certificate.

7.       Operations Over People

The new rule would allow operations over people but not over large, open-air gatherings such as

concerts, sporting events or crowded parks.

·         The FAA proposes five categories of operations over people based on population density. The restrictions, technological, and operational mitigations would increase with the

population density.

8.       Reporting

Operators would report specific information to the FAA including (but not limited to):

·         Flight data including the total number of flight hours for each drone, and make, model and

registration number.

·         Unplanned or precautionary landings, loss of control or communication, and malfunctions that lead to flights into unauthorized areas.

·         Security breaches that result in loss of control of the drone.

·         Any operation that results in more than $500 in damage to property.

9.       Record Keeping

Operators would maintain records of:

·         Each flight including its date, time, and duration; the aircraft registration number;

the purpose of the operation; the flight path including destination, origin, and altitudes;

the name of the designated operations personnel assigned to each flight; and

landing locations

·         Any mechanical issues

·         Maintenance and alteration inspections

·         Personnel training

·         Operations manual

Manufacturers would maintain records of:

·         Compliance information and testing data

·         Configuration control documentation

·         Continued operational safety data

  

Copyright R.E. Kelly Esq. 2015-2026

AMDG

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