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
