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The Federal Aviation Administration (FAA) has published a notice of proposed rulemaking (NPRM), Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility, to enable the establishment of unmanned aircraft or drone no fly zones in proximity to certain critical infrastructure and mass gathering sites on May 6, 2026. Given the breadth of the eligible sites for drone flight restrictions, this proposed rule, if finalized, could dramatically alter the nature of drone operations in many parts of the United States.
Under the NPRM, operators or proprietors of defined “fixed site” facilities could petition for the establishment of drone flight restrictions. These new flight restrictions would be called unmanned aircraft flight restrictions (UAFRs). The NPRM sets requirements for applicants to demonstrate the UAFR is necessary for aviation safety, protection of people and property on the ground, national security, or homeland security.
The FAA estimates receiving over 9,000 UAFR applications over five years.
The proposed rule would permit a limited subset of UAS operations within a designated UAFR. Specifically, operations conducted under Parts 91, 107, 108, 135, and 137 could be permitted, provided they satisfy applicable FAA safety requirements and, where relevant, TSA security threat assessments. In addition, such operations would be required to comply with Remote ID requirements under 14 CFR Part 89 and provide advance notice to the fixed‑site facility in accordance with proposed § 74.255.
Public comments on the NPRM are due by July 6, 2026.
Background: Section 2209
In 2016, Congress enacted the FAA Extension, Safety and Security Act of 2016, which required the FAA to within 180 days (i.e., by Jan. 11, 2017) establish a process to allow operators or proprietors of “fixed sites” to petition the FAA Administrator to prohibit or restrict the operation of an unmanned aircraft in close proximity to the fixed site facility. Section 2209 identified four initial categories of fixed site facilities that would qualify: critical infrastructure, oil refineries and chemical facilities, amusement parks, and a catch-all category for other locations within the FAA Administrator’s discretion.
In 2018, Congress enacted the FAA Reauthorization Act of 2018, which amended Section 2209 to add “railroad facilities” to the list of fixed sites eligible for drone flight restrictions and set a deadline of March 31, 2019, for the FAA to issue a proposed rule implementing Section 2209. In 2024, following the FAA’s continued lack of a proposed rule implementing Section 2209, Congress enacted the FAA Reauthorization Act of 2024, which added “state prisons” to the list of fixed sites eligible for drone flight restrictions, removed the Administrator’s flexibility to add restrictions at “[o]ther locations that warrant such restrictions” and set a new deadline for the FAA to implement Section 2209 of Aug. 14, 2024.
The current list of fixed sites eligible for drone flight restrictions, as amended, can be found in 49 U.S.C. 44802:
- Critical infrastructure, such as energy production, transmission, distribution facilities and equipment, and railroad facilities.
- Oil refineries and chemical facilities.
- Amusement parks.
- State prisons.
In 2025, President Trump issued Executive Order 14305, Restoring American Airspace Sovereignty, which directed the FAA to publish an NPRM implementing Section 2209 “promptly” and promulgate a final rule “as soon as practicable.” See August 2025 GT Alert.
Unmanned Aircraft Flight Restrictions
In this NPRM, the FAA proposes two distinct types of designations to manage airspace around critical sites:
- Standard UAFRs: These designate a volume of airspace – typically capped at 400 feet above ground level (AGL) and restricted to the facility’s property boundaries – where unauthorized drone operations are generally prohibited.
- Special UAFRs: Reserved for locations with credible safety or security threats, these designations involve stricter access controls and are often sponsored by federal intelligence or security agencies.
Approved fixed-site facility designations may be issued (and renewed) for as long as five years. Designations under part 74 do not confer counter-UAS authorities granted by Congress.
Who Is Eligible to Apply?
To be eligible, an applicant must be an operator or proprietor of a permanent, non-mobile fixed site facility. The FAA has limited eligibility to facilities within 16 critical infrastructure sectors, including:
- Energy (power plants, substations, oil refineries, natural gas facilities).
- Chemical (facilities handling hazardous-release chemicals).
- Transportation (rail secure areas, intermodal hubs, critical bridges / tunnels).
- Emergency Services (State prisons and large correctional facilities).
- Other Sectors (communications, critical manufacturing, dams, financial services, and healthcare).
As part of the development of this rulemaking, the FAA worked with Sector Risk Management Agencies to evaluate possible facilities in the 16 critical infrastructures and identified approximately 125,000 fixed site facilities that could be considered for UAFR eligibility. Based on the criteria proposed by the FAA in the NPRM, the FAA estimates receiving over 9,000 UAFR applications over five years.
Application Requirements
Applicants bear the burden of proving that a restriction is necessary. Key requirements include:
- Demonstration of Need: Applicants must describe existing drone traffic patterns, specific facility vulnerabilities, and the potential consequences if those vulnerabilities are exploited.
- Protective Security Measures: Facilities must already have layered security in place, including restricted access, security personnel, and monitoring.
- Remote ID Capability: The facility must have the capability to receive and log broadcast Remote Identification messages from drones operating nearby.
- Environmental and Externality Review: Applicants must submit data on potential impacts to sensitive land uses and costs imposed on other airspace users.
Access to Unmanned Aircraft Flight Restrictions
The preamble to the proposed rule emphasizes the balance that the FAA attempts to achieve by allowing certain aircraft operations within the boundaries of UAFR airspace. Once a UAFR is active, only established, known, and conspicuous operators may enter the airspace. These include operations conducted under Parts 91, 107, 107, 135, or 137. Allowed operators must broadcast Remote ID, notify the facility manager in advance, and transit the UAFR in the shortest practicable time.
Violations of a UAFR may result in civil penalties or certificate action, while willful violations of restrictions issued for national security purposes may face criminal penalties.
Notice and Comment
The FAA is seeking public comment on numerous aspects of this proposal, including whether the 16 identified sectors are appropriate and whether the Remote ID sensing requirements are technologically feasible. The FAA solicits comments in over 20 sections of the document.
Stakeholders may consider offering actionable feedback on a range of topics, including privacy and data retention, equipage and maintenance costs, automation and digital access, effects on national security, and applicability.
