[PDF] 2026-08943.pdf - Federal Register
![[PDF] 2026-08943.pdf - Federal Register](/images/placeholder-article.svg)
AI Analysis
The FAA proposes a new rule (Part 74) to implement restrictions on drone operations near designated "fixed site facilities" deemed critical infrastructure, including energy facilities, refineries, amusement parks, railroads, and now state prisons. The rule establishes a process for facility owners to request Unmanned Aircraft Flight Restrictions (UAFRs) based on demonstrated safety or security needs, shifting the burden of proof to applicants. This follows amendments to section 2209 of the FAA Extension, Safety, and Security Act of 2016 via the 2018 and 2024 FAA Reauthorization Acts.
Key Takeaways
- The FAA is formalizing a process for requesting and implementing UAFRs around critical infrastructure.
- Eligible facilities are limited to 'fixed site' locations meeting the definition of critical infrastructure as defined in 42 U.S.C. 5195c(e).
- Applicants must provide data justifying the need for restrictions based on aviation safety, protection of people/property, national security, or homeland security.
- The 'other locations' category for UAFR requests has been removed, narrowing the scope of eligible facilities.
- The rule aims to balance airspace access with the need to secure critical infrastructure from UAS threats.
Why It Matters
This rulemaking signals a hardening of defenses against potential drone-based attacks or malicious activity targeting critical infrastructure within the US. It represents a proactive shift towards enabling site operators to control the airspace immediately surrounding their facilities, potentially impacting drone operations and requiring increased security measures for infrastructure owners. The increased focus on state prisons as critical infrastructure highlights concerns about contraband delivery and security breaches via UAS.
BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 74, 91, and 107 [Docket No. FAA-2026-4558; Notice No. 26-03] RIN 2120-AL33 Designation – Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: This action 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. 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. DATES: Send comments on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. ADDRESSES: Send comments identified by docket number FAA-2026-4558 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov/ and follow the online instructions for sending your comments electronically.
This document is scheduled to be published in the Federal Register on 2026-05-06 and available online at https://www.federalregister.gov/d/2026-08943, and on https://govinfo.gov
• Mail: Send comments to Docket Operations; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue, S.E., Room W58-213, West Building 5th Floor, Washington, D.C. 20590-0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W58-213 of the West Building 5th Floor at 1200 New Jersey Avenue, S.E., Washington, D.C., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at (202) 493-2251. Docket: Background documents or comments received may be read at https://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W58-213 of the West Building 5th Floor at 1200 New Jersey Avenue, S.E., Washington, D.C., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Michelle Ferritto, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; Phone: (844) 359-6982; Email: 2209-UAFR@faa.gov. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Background B. What is a Standard Unmanned Aircraft Flight Restriction? C. What is a Special Unmanned Aircraft Flight Restriction D. Who Can Apply for an Unmanned Aircraft Flight Restriction? E. How Do I Apply for an Unmanned Aircraft Flight Restriction? F. What Happens after the UAFR goes into effect? G. Summary