US Weighs Tighter Drone Rules for Critical Infrastructure

The US Department of Transportation (DOT) and the Federal Aviation Administration (FAA) have unveiled a regulatory proposal establishing a formal process for restricting Unmanned Aircraft Systems (UAS) operations over critical infrastructure sites. The measure aims to balance the rapid economic expansion of the drone industry with the need to protect sensitive locations from public and national security risks.

The initiative is a direct response to President Donald Trump’s Executive Order 14305 on Restoring Airspace Sovereignty. It also addresses specific mandates outlined in the FAA Extension, Safety, and Security Act of 2016. Under the proposed rule, operators of strategic facilities would be able to petition the FAA to implement specific flight limitations over their perimeters.

“Restoring airspace sovereignty in the United States means protecting sensitive locations against aerial threats while providing clear guidance to drone operators so they can operate with confidence. This regulation does exactly that,” said Sean P. Duffy, US Secretary of Transportation.

Bryan Bedford, FAA Administrator, emphasized that the proposal is essential for safeguarding critical assets and fulfilling presidential directives regarding aerial sovereignty. Bedford noted that the measure provides authorities with a “clear tool to deter unauthorized drone activities around sensitive sites that could pose risks to public and national security.”

Eligible Sectors and Application Process

The regulation identifies 16 industrial and service sectors eligible to request these restrictions. The list includes chemical facilities, critical manufacturing, dams, emergency services, energy production, nuclear reactors, transportation systems, financial services, agriculture, information technology, and defense industrial complexes.

To secure a restriction, applicants must demonstrate through a new FAA web portal that the measure is necessary for aviation safety, the protection of people and property on the ground, or homeland and national security.

Categories of Restrictions and Compliance

The proposal introduces two tiers of Unmanned Aircraft Flight Restrictions (UAFR), each defined by specific horizontal and vertical boundaries:

• Standard UAFR: This tier limits operations to properly certified pilots operating under Parts 91, 107, 108, 135, or 137, as well as Public Aircraft Operations (PAO). These operators must meet rigorous safety and security standards, broadcast Remote ID information, and transit through the restricted area in the shortest practicable time.
• Special UAFR: This represents a more severe level of restriction, prohibiting all drone operations unless the operator receives explicit approval from both the FAA and the relevant site operator or sponsoring agency, such as the Department of Homeland Security.

Restrictions may be designated as full-time (24 hours a day, 365 days a year) or part-time (24 hours a day for no more than 290 consecutive days annually). Once approved, a UAFR would remain in effect for five years, after which the site operator could apply for renewal.

Enforcement and Penalties

Monitoring and enforcement will rely heavily on Remote ID technology, which allows law enforcement and federal agencies to locate a drone’s control station if it is operated unsafely or within a prohibited zone. If an unauthorized drone enters a restricted area, site operators are instructed to contact law enforcement immediately.

The FAA warned that pilots who violate these zones could face civil and criminal penalties, including the suspension or revocation of flight licenses, significant fines, and potential criminal charges.

The FAA recommends that all drone operators consult the B4UFLY platform and the FAA UAS Data Delivery System to identify active restricted zones. The public comment period for the regulatory proposal will remain open until July 5, 2026.