The Federal Aviation Administration recently released a notice of proposed rulemaking that would establish a formal process for operators and proprietors of certain fixed-site critical infrastructure facilities to request unmanned aircraft flight restrictions (UAFRs).
The FAA is accepting public comments on the NPRM until July 6, 2026. The American Public Power Association said it is reviewing the NPRM in detail and is considering submitting public comments.
In a message to members posted on its Engage platform, APPA said Section 2209 of the FAA Extension, Safety, and Security Act of 2016 (Public Law No: 114-190) required the FAA to create a formal process to allow certain fixed-site facility owners, like operators of energy, transportation, and government installations, to request airspace restrictions that could prohibit or limit unmanned aircraft system (UAS; drone) operations over or near their facilities.
Despite Congress reiterating this requirement in 2018 and 2024 FAA reauthorization legislation, the FAA still had not finalized an NPRM up to this point. Through the multiple iterations, Congress identified the following sites as those eligible for this new process: energy production, transmission, and distribution facilities and equipment; oil refineries; chemical facilities; amusement parks; railroad facilities; and state prisons.
The NPRM proposes two new airspace constructs: standard UAFRs and special UAFRs. Standard UAFRs would establish legally enforceable horizontal and vertical boundaries within which UAS are prohibited unless they meet narrow exceptions. Generally, these boundaries would be capped at 400 feet above ground level. Special UAFRs would apply to locations with credible safety or security threats. These would include federal security and intelligence facilities, military sites, and certain endorsed critical infrastructure.
The special UAFRs would have stricter access controls and could trigger criminal penalties for unauthorized access. Both the standard and special UAFRs would serve as a legal designation informing users about the airspace, and not as a physical or electromagnetic barrier.
Eligibility for a UAFR would be limited to fixed site facilities that meet the definition of critical infrastructure under 42 U.S.C. 5195c(e) (“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 impact on security, national economic security, national public health or safety, or any combination of those matters”) and satisfy sector specific criteria developed with sector risk management agencies.
In the NPRM, the FAA evaluated 16 critical infrastructure sectors and proposed UAFR-eligible criteria for most. The sector-specific requirements for each begin here.
The following are summaries of UAFR criteria for relevant sectors:
Dams Sector
The FAA proposes minimum eligibility criteria for an operator or proprietor of a hydroelectric dam to apply for a UAFR. The dam must be assigned in the National Inventory of Dams database as a “high” or “significant hazard potential” classification and meet one of the following minimum thresholds:
o A combined nameplate capacity of 350 megawatts (MW) or more of power and have produced 1,850,000 megawatt hours or greater during the previous calendar year; or
o Facilities with a drinking water supply function that constitutes the main source of water to a population exceeding 500,000; or
o Facilities with annual total water deliveries (including municipal, industrial, and/or agricultural purposes) exceeding $100 million or 800,000 acre-feet.
Energy Sector
The FAA proposes that energy sector facilities seeking a UAFR meet the following minimum qualifications:
o Electricity Facility - The operator or proprietor may apply for a UAFR if it meets one of the following criteria:
The facility is a power-generation facility with a combined nameplate capacity of 500 MW or greater of power; or
The facility is an electrical substation with a capacity of 500 kilovolts (kV) or greater of power; or
The facility is an electrical substation with a capacity of 345 kV or greater of power in the Electric Reliability Council of Texas.
Nuclear Reactors, Materials, and Waste Sector
The FAA proposes that operators or proprietors within the nuclear sector may apply for a UAFR if the facility meets one or more of the following criteria:
o Nuclear power plants that are currently operating and generating electricity.
o Facilities that convert, enrich, fabricate, or reprocess nuclear material for nuclear reactor fuel.
o Former nuclear power plant sites with spent nuclear fuel, off-site spent nuclear fuel and high-level radioactive waste independent spent fuel storage installations, consolidated interim storage facilities, or monitored retrievable storage installations.
o Isotope production facilities where a disruption from a UAS incident could halt isotope supply for medical diagnostics/treatment.
o Nuclear research and test reactors.
Application Process
Applicants would need to provide a complete overview demonstrating the eligibility and need for a UAFR.
This would include facility descriptions, boundaries, security perimeters, UAS security and incident response plans, evidence of vulnerabilities, explanations of how a UAFR would mitigate risks, and proof that reasonable self help measures are already in place. Applicants would also need to assess external impacts on nearby commercial routes and community stakeholders, identify potential disruptions (such as rerouting medical drone deliveries), propose mitigation strategies, and complete required environmental reviews addressing sensitive land uses.
Once an application is complete, the FAA would conduct a two stage review to 1) determine whether the applicant has shown sufficient safety or security need and issue a conditional approval, then 2) publish an NPRM for at least 30 days of public comment, after which the FAA would issue a final determination granting or denying the UAFR. Approved UAFRs would last up to five years with the FAA able to modify or cancel them if the eligibility changes or statutory criteria are no longer met.
The rule also establishes access provisions for UAS operators. Only operators conducting missions under Parts 91, 107, 108, 135, or 137, all of which require higher levels of safety and security vetting, may enter a standard UAFR. Additionally, they may only enter a standard UAFR if they broadcast remote ID, notify the facility, and transit the restricted area in a short amount of time.
Special UAFRs would require both FAA approval and permission from a “using agency.” In the NPRM, the FAA emphasizes that notification requirements do not delegate airspace authority to private entities, only that they provide situational awareness to facility security personnel.
The FAA estimates that, if roughly 9,000 facilities ultimately obtain UAFRs, annualized costs would range from $21–31 million and would be driven by application preparation and FAA review.
The FAA says that benefits could include a reduced risk of UAS related incidents, although it also acknowledges that there is a limited amount of data on the magnitude of avoided harms.
The FAA also highlights prevailing uncertainties, which include the number of facilities that would apply for a UAFR and how effective these UAFRs will be in deterring malicious actors.
The FAA said it is seeking public comment on eligibility criteria, access rules, remote ID requirements, environmental review, and alternative implementation approaches.
