FAA Publishes Proposed Rule for Drone Restrictions Around Critical Infrastructure

New Section 2209 NPRM would create a formal process for restricting drone flights near sensitive facilities

The Federal Aviation Administration (FAA) has officially published its long-awaited Notice of Proposed Rulemaking (NPRM) implementing Section 2209 of the FAA Extension, Safety, and Security Act of 2016. The proposal would allow certain critical infrastructure facilities to apply for drone flight restrictions around their sites.

The rule, announced May 6 by the Department of Transportation and FAA, is intended to support the Trump Administration’s Executive Order on “Restoring Airspace Sovereignty.”

“Restoring airspace sovereignty in America means protecting sensitive locations from aerial threats while providing clear guidance to drone pilots so they can operate with confidence. This rule does just that,” said U.S. Transportation Secretary Sean P. Duffy. “Under President Trump’s leadership, we will continue to fight to ensure our skies are secure and unleash the next wave of transportation innovation.”

The proposal would create a new FAA application portal through which eligible site operators could request restrictions on drone activity near their facilities.

What Sites Would Qualify?

The NPRM establishes a petition-based system. Facilities would not automatically receive protected status. Instead, operators would need to apply and demonstrate aviation safety or security concerns tied to drone activity.

The FAA proposal identifies 16 eligible infrastructure sectors:

• 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 listed in Section 2209, including energy facilities, oil refineries, chemical plants, railroad facilities, amusement parks, and state prisons.

The proposal repeatedly emphasizes that restrictions apply only to “fixed site facilities,” not broad geographic areas or temporary events.

According to the FAA, applications would be evaluated based on factors including:

• Aviation safety
• Protection of people and property
• National security
• Homeland security concerns

Two Types of Drone Restrictions

The proposed rule would establish two levels of restricted airspace.

A Standard Unmanned Aircraft Flight Restriction (UAFR) would prohibit most drone operations within a defined boundary unless operators previously met FAA safety and security requirements.

A Special UAFR would impose stricter controls. Under that framework, drone operations would be prohibited unless operators received advance approval from both the FAA and the sponsoring federal agency.

The NPRM states that Special UAFRs could remain in place for up to five years.

The FAA says restricted areas would include clearly defined horizontal and vertical boundaries. Approved restrictions would become part of FAA airspace information systems used by drone pilots and flight planning applications.

The agency is also encouraging operators to check the B4UFLY system for updated flight restriction information.

Enforcement and Remote ID

The NPRM does not create new counter-UAS authority or authorize facilities to use jamming, spoofing, or drone interdiction technologies.

However, the proposal does outline how violations could be enforced using existing FAA and law enforcement authorities.

The FAA says site operators would be able to contact law enforcement if a drone enters a restricted area. Authorities could then use Remote ID data to identify the operator or locate the drone’s control station.

“This rule is essential to safeguarding America’s critical infrastructure and upholding the President’s directive on restoring airspace sovereignty,” said FAA Administrator Bryan Bedford. “It gives law enforcement a clear, effective tool to deter unauthorized drone activity around sensitive sites that could pose serious risks to public safety and national security.”

The NPRM also states that the restrictions are intended to help law enforcement distinguish between lawful and unauthorized drone operations near sensitive facilities.

Comment Period Open Through July

The FAA is accepting public comments on the proposed rule through July 5, 2026.

The rulemaking represents one of the most significant proposed expansions of restricted drone airspace since the FAA began implementing UAS-specific security restrictions around military facilities and sensitive government sites.

The full NPRM and supporting materials are available through the Federal Register and Department of Transportation websites.

Read more:

• FAA Advances Long-Delayed Rule to Restrict Drones Over Sensitive Sites
• What is Section 2209, and Why is the Drone Industry Urging the FAA to Implement it as Fast as Possible?
• Amusement Parks Push FAA for Drone Flight Restrictions Before Summer