What: On May 6, 2026, the Federal Aviation Administration (FAA) published a proposed rule that would allow the owners and operators of certain fixed-site, high-risk facilities to apply for and obtain flight restrictions for unmanned aircraft (i.e., drones) over their facilities. The proposed rule is called “Designation—Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility.”
Why: The proposed rule would require applicants of such facilities to demonstrate that the unmanned aircraft flight restriction is necessary for aviation safety, the protection of people and property on the ground, national security, or homeland security. The proposed rule also identifies the types of operations that would be allowed in the flight restricted area. These include operations that meet FAA safety requirements and Transportation Security Administration security threat assessments. Operators of those operations would be required to notify the owner/operator of the fixed site facility, broadcast remote identification signals, and transit the flight restricted area in the shortest practicable time.
The FAA is working to integrate unmanned aircraft systems (UAS) into the national airspace. However, Congress has recognized various concerns with UAS operation and has directed the FAA to allow owners and operators to request FAA restrictions of UAS operations over and near certain fixed-site, high-risk facilities. These include critical infrastructure such as energy production, transmission, and distribution, oil refineries, chemical facilities, amusement parks, and other locations that warrant such a restriction. In addition, the President issued Executive Order 14305, Restoring American Airspace Sovereignty, that instructs the FAA to scope eligible facilities to those fixed-site facilities that meet the definition of critical infrastructure, such as systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating effect on security, national economic security, national public health or safety, or any combination of those matters.
When: Read the proposed rule and submit comments before the July 6, 2026, deadline.
FEDERAL REGISTER NOTICE:
Designation—Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility (PDF)
PROPOSED RULE:
Restrict the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site Facility
CONTACT:
Bruce Lundegren
EMAIL:
Regulatory Alerts
FAA
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.