[Federal Register Volume 91, Number 124 (Tuesday, June 30, 2026)]
[Proposed Rules]
[Pages 39568-39569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-13126]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 74, 91, and 107
[Docket No. FAA-2026-4558; Notice No. 26-03A]
RIN 2120-AL33
Designation--Restrict the Operation of Unmanned Aircraft in Close
Proximity to a Fixed Site Facility; Extension of Comment Period
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM); extension of comment
period.
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SUMMARY: This action extends the comment period for the NPRM titled
``Designation--Restrict the Operation of Unmanned Aircraft in Close
Proximity to a Fixed Site Facility'' that was published in the Federal
Register on May 6, 2026, to allow commenters additional time to analyze
the proposed rule and prepare a response. In the NPRM, FAA proposed a
process for operators and proprietors of certain fixed site facilities
to request an unmanned aircraft flight restriction (UAFR); criteria to
demonstrate the UAFR is necessary for: aviation safety, protection of
people and property on the ground, national security, or homeland
security; and identified the types of operations allowed in the UAFR.
DATES: The comment period for the NPRM published on May 6, 2026, at 91
FR 24650, and scheduled to close on July 6, 2026, is extended until
August 5, 2026.
ADDRESSES: Send comments identified by docket number FAA-2026-4558
using any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations; U.S. Department
of Transportation (DOT), 1200 New Jersey Avenue SE, Room W58-213, West
Building 5th Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W58-213 of the West Building 5th Floor at 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Docket: Background documents or comments received may be read at
https://www.regulations.gov/ at any time. Follow the online
instructions for accessing the docket or go to the Docket Operations in
Room W58-213 of the West Building 5th Floor at 1200 New Jersey Avenue
SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michelle Ferritto, Office of
Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591; Phone: (844) 359-6982; Email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Comments Invited
FAA invites interested persons to participate in this rulemaking by
submitting written comments, data, or views. The agency also invites
comments relating to the economic, environmental, energy, or federalism
impacts that might result from adopting the proposals in this document.
The most helpful comments reference a specific portion of the proposal,
explain the reason for any recommended change, and include supporting
data. To ensure the docket does not contain duplicate comments,
commenters should send only one copy of written comments, or if
comments are filed electronically, commenters should submit only one
time.
FAA will file in the docket all comments it receives, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal,
FAA will consider all comments it receives on or before the closing
date for comments. FAA may change this proposal in light of the
comments it receives.
Privacy: In accordance with 5 U.S.C. 553(c), FAA solicits comments
from the
[[Page 39569]]
public to better inform its rulemaking process. FAA posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
is relevant or responsive to this NPRM, it is important you clearly
designate the submitted comments as CBI. Please mark each page of your
submission containing CBI as ``PROPIN.'' FAA will treat such marked
submissions as confidential under the FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to the person in the FOR FURTHER INFORMATION CONTACT section of
this document. Any commentary FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
If your comment contains classified, controlled unclassified
information not intended for public release, sensitive security
information, or other information, contact the person named in the FOR
FURTHER INFORMATION CONTACT section of this document for information on
how to securely provide that comment to FAA.
C. Availability of Rulemaking Documents
A copy of the NPRM, all comments received, any final rule, and all
background material may be viewed online at www.regulations.gov using
the docket number listed above. Electronic retrieval help and
guidelines are available on the website. It is available 24 hours each
day, 365 days each year. An electronic copy of this document may also
be downloaded from the Office of the Federal Register's website at
www.federalregister.gov and the Government Publishing Office's website
at www.govinfo.gov. A copy may also be found at FAA's Regulations and
Policies website at www.faa.gov/regulations_policies. Copies may also
be obtained by sending a request to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW, Washington, DC 20591, or by calling (202) 267-9680. Commenters must
identify the docket or notice number of this rulemaking.
All documents FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
Background
On May 6, 2026, FAA published a NPRM titled ``Designation-Restrict
the Operation of Unmanned Aircraft in Close Proximity to a Fixed Site
Facility'' in the Federal Register (91 FR 24650). In that proposed
rule, the FAA proposed the implementation of section 2209 of the FAA
Extension, Safety and Security Act of 2016 (Pub. L. 114-190), by
establishing a process for operators and proprietors of certain fixed
site facilities to request and maintain an unmanned aircraft flight
restriction. The proposal also established requirements for applicants
to demonstrate the UAFR is necessary for: aviation safety, protection
of people and property on the ground, national security, or homeland
security. Lastly, the proposal identified the types of operations that
are allowed in the UAFR. Commenters were instructed in the NPRM to
provide comments on or before July 6, 2026 (i.e., 60 days after the
date of publication of the NPRM).
Since publication of the NPRM, FAA has received a request from the
Office of the Attorney General of the State of New York (OAG) to extend
the comment period by an additional thirty (30) days. The OAG requested
more time to review the proposed rule, develop comments and
recommendations, and coordinate those comments among their
stakeholders.\1\
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\1\ The request is in the docket.
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The OAG stated the proposed rule raises questions concerning the
UAFR process, including implications for critical site security, public
safety, interplay with State and local laws, and impacts on State-
authorized drone missions. The OAG noted that developing its comments
requires coordination and consultation with multiple State and local
agencies. Additionally, the OAG identified recent developments that it
asserted require evaluation time, specifically a new provision added to
the New York Penal Law on May 27, 2026, addressing offenses relating to
the unlawful use of a drone, and public reports of more than 300 drone
seizures at FIFA World Cup match venues since June 11, 2026. The OAG
stated the proposed rule introduces a new regulatory regime spanning 16
critical infrastructure sectors, and that the initial 60-day comment
period contains three federal holiday weekends.
Extension of Comment Period
FAA has reviewed, and grants, the request for an extension of the
comment period. FAA recognizes the importance of the proposed rule, and
that an extension would help commenters craft complete and thoughtful
responses. Therefore, FAA finds that an additional thirty (30) days
will provide sufficient opportunity for the public to review the NPRM
and provide comments.
Additionally, in the NPRM, FAA requested comments on the economic
impact to commercial unmanned aircraft system (UAS) operators if they
are not allowed to transit UAFRs. In extending the comment period, FAA
is also requesting data to estimate the compliance costs for UAS
operators, including small operators, to transit the proposed UAFRs.
Accordingly, the comment period for the NPRM published on May 6,
2026, at 91 FR 24650 (FR Doc. 2026-08943), is extended from July 6,
2026, until August 5, 2026.
Issued under authority provided by 49 U.S.C. 106(f), 40101(d),
40103(a)(2), 40103(b), 44701(a)(5), and 44802 note in Washington, D.C.
Michelle Ferritto,
Director, Airmen and Airspace Rules Division, Office of Rulemaking.
[FR Doc. 2026-13126 Filed 6-26-26; 11:15 am]
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