The Federal Aviation Administration (FAA) and the US Department of Transportation have today published a Notice of Proposed Rulemaking (NPRM) to protect certain fixed site facilities from unauthorized drone operations
The proposed rule outlines the provision of unmanned aircraft flight restriction (UAFR) for critical infrastructure.
“A UAFR under this proposal would be airspace with clearly defined horizontal and vertical limits within which unmanned aircraft would be restricted from operating unless the operation fell within a few narrow exceptions,” says the text of the NRPM.”The UAFR would not independently create a physical boundary or authorize operators or proprietors of the fixed site facility to establish a geo-fence or other electromagnetic boundary to prevent unauthorized access. However, if an operator or proprietor does possess independent authority to operate such equipment, this regulation does not prevent them from operating that equipment in accordance with applicable law and regulation.”
“The functions of the UAFR would be to create a legal designation informing users not to access the airspace and allow regulators and law enforcement to enforce the restriction.”
The new proposed rule will allow federal agencies, military departments, and law enforcement to focus resources on genuinely suspicious or unlawful flights, says the executive summary of the report. “…facilities owned or operated by federal security or intelligence agencies or the Department of War, as well as designated fixed site facilities endorsed by federal security or intelligence agencies, the Department of War, or at the discretion of the Administrator may be eligible for a Special UAFR when supported by a security assessment demonstrating credible risks.”
Congress has identified critical infrastructure, such as energy facilities and equipment; oil refineries and chemical facilities; amusement parks; railroad facilities; and State prisons.
The rule also makes provision for exceptional circumstances. “Allowed operations include those conducted under Parts 91, 107, 108, 135, and 137, which have met rigorous FAA safety requirements and Transportation Security Administration (TSA) security threat assessments where applicable. Operators must broadcast Remote ID in accordance with 14 CFR Part 89 and transit the UAFR in the shortest practicable time as well as provide notification to the fixed site facility in accordance with § 74.255. This approach balances the security of sensitive sites with the public’s right to navigate the national airspace system by restricting access to operators who have met a higher bar for safety and security.”
The provisions have been welcomed by the Commercial Drone Alliance.
“This is an important step in creating a low altitude airspace ecosystem that enables authorized drone operations while protecting important national security assets from the dangers of malicious drone use, according to a CDA statement. “This action fulfills a decade-old Congressional mandate—Section 2209 of the FAA Extension, Safety, and Security Act of 2016—as well as a White House directive in last year’s Executive Order on Restoring American Airspace Sovereignty. The CDA has long advocated that innovation and security are two sides of the same coin. We look forward to reviewing the draft rule and providing comment to ensure that an appropriate balance is maintained, and that unauthorized drone operations do not hamper the potential for commercial and public safety drone operations to provide public benefits.”
For more information
https://public-inspection.federalregister.gov/2026-08943.pdf
www.commercialdronealliance.org.
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