FAA Proposes New Regulations for Drone Operations Near Critical Infrastructure
FAA Proposes New Drone Flight Restrictions Near Sensitive Facilities
The Federal Aviation Administration (FAA) has published a Notice of Proposed Rulemaking (NPRM) to implement Section 2209 of the FAA Extension, Safety, and Security Act of 2016. This proposal aims to allow certain critical infrastructure facilities to apply for restrictions on drone flights in their vicinity.
Announced on May 6 by the Department of Transportation and FAA, the rule is part of the Trump Administration’s Executive Order focused on “Restoring Airspace Sovereignty.” U.S. Transportation Secretary Sean P. Duffy emphasized the importance of protecting sensitive locations from aerial threats while providing clear guidance for drone pilots.
The proposed rule would establish a new FAA application portal for eligible site operators to request restrictions on drone activity near their facilities.
Eligibility for Drone Flight Restrictions
The NPRM introduces a petition-based system, meaning facilities will not automatically receive protected status. Operators must apply and demonstrate aviation safety or security concerns related to drone activity.
The FAA identifies 16 eligible infrastructure sectors, including:
- Chemical
- Commercial facilities
- Communications
- Critical manufacturing
- Dams
- Defense industrial base
- Emergency services
- Energy
- Financial services
- Food and agriculture
- Government facilities
- Healthcare and public health
- Information technology
- Nuclear reactors, materials, and waste
- Transportation systems
- Water and wastewater
The NPRM also references statutory categories from Section 2209, which include energy facilities, oil refineries, chemical plants, railroad facilities, amusement parks, and state prisons. It is important to note that restrictions will apply only to “fixed site facilities” and not to broad geographic areas or temporary events.
Evaluation Criteria for Applications
The FAA will evaluate applications based on several factors, including:
- Aviation safety
- Protection of people and property
- National security
- Homeland security concerns
Types of Drone Restrictions Proposed
The proposed rule outlines two levels of restricted airspace:
A Standard Unmanned Aircraft Flight Restriction (UAFR) would prohibit most drone operations within a defined boundary unless operators meet FAA safety and security requirements. A Special UAFR would impose stricter controls, requiring advance approval from both the FAA and the sponsoring federal agency for drone operations.
Special UAFRs could remain in effect for up to five years, with clearly defined horizontal and vertical boundaries. Approved restrictions would be integrated into FAA airspace information systems used by drone pilots and flight planning applications.
Enforcement and Remote Identification
The NPRM does not grant new counter-UAS authority or allow facilities to use jamming, spoofing, or drone interdiction technologies. However, it outlines how violations could be enforced using existing FAA and law enforcement authorities.
Site operators would be able to contact law enforcement if a drone enters a restricted area. Authorities could utilize Remote ID data to identify the operator or locate the drone’s control station. FAA Administrator Bryan Bedford stated that the rule is crucial for safeguarding critical infrastructure and supporting the President’s directive on airspace sovereignty.
Public Comment Period
The FAA is accepting public comments on the proposed rule until July 5, 2026. This rulemaking represents a significant proposed expansion of restricted drone airspace since the FAA began implementing UAS-specific security restrictions around military and sensitive government sites.
The full NPRM and supporting materials are available through the Federal Register and Department of Transportation websites.