FAA Proposes Process for Drone Bans Near Critical Sites

The Federal Aviation Administration on May 6, 2026, released a proposed rule that would allow operators and owners of fixed site facilities to petition for unmanned aircraft flight restrictions in their vicinity, per the notice published in the Federal Register.

The proposal targets facilities where drone operations could pose risks, including those vital for national security, homeland security, aviation safety, or protection of people and property on the ground. Eligible sites include critical infrastructure such as chemical plants, petroleum refineries, amusement parks, and national monuments, based on the types outlined in the FAA Extension, Safety and Security Act of 2016.

The rule would affect drone operators nationwide, potentially restricting flights over or near thousands of such locations if petitions are approved; the FAA estimates up to 10,000 fixed sites could qualify under the criteria, drawing from standard inventories of U.S. critical infrastructure maintained by the Department of Homeland Security.

Before this proposal, no formal process existed for facility owners to request drone restrictions under section 2209 of the 2016 Act, leaving such measures to ad hoc FAA actions or temporary flight restrictions. The new rule would create a structured application process where petitioners must demonstrate necessity based on safety or security needs, with the FAA evaluating and designating unmanned aircraft flight restrictions (UAFRs) if approved.

Approved restrictions would prohibit most drone operations within defined areas, except for specific exemptions like commercial deliveries or emergency responses. The changes would take effect after a final rule is issued, following the comment period and any revisions, with no set timeline beyond the July 6, 2026, comments deadline specified in the Federal Register notice.

Facility owners would gain a direct channel to seek FAA-imposed drone bans, triggering agency reviews that could lead to permanent airspace designations within 180 days of application approval, per the proposed timelines. Approved UAFRs would integrate into the FAA's airspace management systems, requiring drone pilots to check for restrictions via apps or notices to airmen, and potentially altering flight planning for commercial operators in affected areas.

The rulemaking also sets standards for allowed operations, such as those with FAA waivers or for public safety purposes, ensuring minimal disruption to essential drone uses while enforcing restrictions.

The proposal fulfills a mandate from the FAA Extension, Safety and Security Act of 2016, which directed the agency to establish this process but saw no action until now under the current administration. Congress passed the underlying law during the Obama era to address growing drone proliferation, with the FAA's delay attributed to prior regulatory priorities in agency records.