Two short sections of Part 107 decide whether a drone may fly in some of the most sensitive airspace in the country. 14 CFR § 107.45 covers prohibited and restricted areas. 14 CFR § 107.47 pulls in the rules for temporary flight restrictions (TFRs) and other airspace limits published by Notice to Airmen (NOTAM). Neither section is long, but § 107.47 points to eight other sections, and that is where most of the detail lives.
This explainer sets out the text of each section and the rules they reference. It is general information, not legal advice. All quotations below are from the Electronic Code of Federal Regulations (checked Oct 28, 2026; Title 14 shown as up to date as of Oct 26, 2026).
The text of § 107.45
14 CFR § 107.45, titled "Operation in prohibited or restricted areas," is one sentence:
No person may operate a small unmanned aircraft in prohibited or restricted areas unless that person has permission from the using or controlling agency, as appropriate.
What prohibited and restricted areas are
Both terms are defined in 14 CFR § 1.1:
Prohibited area. A prohibited area is airspace designated under part 73 within which no person may operate an aircraft without the permission of the using agency.
Restricted area. A restricted area is airspace designated under Part 73 within which the flight of aircraft, while not wholly prohibited, is subject to restriction.
These are charted, standing areas designated under Part 73, not temporary ones. The permission § 107.45 requires comes from the "using or controlling agency," not from a LAANC approval. LAANC and other controlled-airspace authorizations fall under § 107.41, which is covered in our explainer on LAANC authorization under Part 107. An authorization to fly in controlled airspace is not permission to enter a restricted or prohibited area.
The text of § 107.47
14 CFR § 107.47, titled "Flight restrictions in the proximity of certain areas designated by notice to airmen," reads in full:
A person acting as a remote pilot in command must comply with the provisions of §§ 91.137 through 91.145 and 99.7 of this chapter.
The duty sits with the remote pilot in command. The referenced range runs from § 91.137 to § 91.145; eCFR shows no § 91.140 or § 91.142 in that range (checked Oct 28, 2026). The sections that apply are summarized below.
The rules § 107.47 brings in
§ 91.137: disaster and hazard areas
14 CFR § 91.137(a) provides that the Administrator "will issue a Notice to Airmen (NOTAM) designating an area within which temporary flight restrictions apply" when necessary to:
(1) Protect persons and property on the surface or in the air from a hazard associated with an incident on the surface;
(2) Provide a safe environment for the operation of disaster relief aircraft; or
(3) Prevent an unsafe congestion of sightseeing and other aircraft above an incident or event which may generate a high degree of public interest.
For a NOTAM issued under paragraph (a)(1), § 91.137(b) states that "no person may operate an aircraft within the designated area unless that aircraft is participating in the hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities." Paragraphs (c) and (d) list the narrower conditions for (a)(2) and (a)(3) restrictions.
§ 91.138: national disaster areas in Hawaii
§ 91.138 covers "Temporary flight restrictions in national disaster areas in the State of Hawaii," issued at the request of the Governor or the Governor's designee.
§ 91.139: emergency air traffic rules
Under § 91.139(c):
When a NOTAM has been issued under this section, no person may operate an aircraft, or other device governed by the regulation concerned, within the designated airspace except in accordance with the authorizations, terms, and conditions prescribed in the regulation covered by the NOTAM.
§ 91.141: the President and other parties
§ 91.141 reads in full:
No person may operate an aircraft over or in the vicinity of any area to be visited or traveled by the President, the Vice President, or other public figures contrary to the restrictions established by the Administrator and published in a Notice to Airmen (NOTAM).
§ 91.143: space flight operations
§ 91.143 provides that when a NOTAM is issued, "no person may operate any aircraft of U.S. registry, or pilot any aircraft under the authority of an airman certificate issued by the Federal Aviation Administration, within areas designated in a NOTAM for space flight operation except when authorized by ATC."
§ 91.144: abnormally high barometric pressure
§ 91.144(a) applies "when any information indicates that barometric pressure on the route of flight currently exceeds or will exceed 31 inches of mercury," and prohibits operating "contrary to the requirements established by the Administrator and published in a Notice to Airmen issued under this section."
§ 91.145: aerial demonstrations and major sporting events
§ 91.145(a) provides for a NOTAM designating a temporary flight restriction "in the vicinity of an aerial demonstration or major sporting event," and lists examples including the Blue Angels, the Thunderbirds, the World Series and the Indianapolis 500. Paragraph (d) states:
When a NOTAM has been issued in accordance with this section, no person may operate an aircraft or device, or engage in any activity within the designated airspace area, except in accordance with the authorizations, terms, and conditions of the temporary flight restriction published in the NOTAM, unless otherwise authorized by:
(1) Air traffic control; or
(2) A Flight Standards Certificate of Waiver or Authorization issued for the demonstration or event.
Under § 91.145(e), the restricted area for an aerial demonstration "will normally be limited to a 5 nautical mile radius from the center of the demonstration," and for a major sporting event "will normally be limited to a 3 nautical mile radius from the center of the event and 2500 feet above the surface." The NOTAM itself sets the actual dimensions.
§ 99.7: special security instructions
14 CFR § 99.7 reads in full:
Each person operating an aircraft in an ADIZ or Defense Area must, in addition to the applicable rules of this part, comply with special security instructions issued by the Administrator in the interest of national security, pursuant to agreement between the FAA and the Department of Defense, or between the FAA and a U.S. Federal security or intelligence agency.
Not waivable under § 107.205
14 CFR § 107.205 lists the Part 107 sections a certificate of waiver may cover. Neither § 107.45 nor § 107.47 appears on that list, so neither is waivable under § 107.205. Access to a restricted or prohibited area depends on permission from the using or controlling agency, and access to a TFR depends on the terms of the NOTAM and the authorizations the referenced section allows.
Checking NOTAMs and TFRs before a flight
The FAA's Temporary Flight Restrictions page for drone pilots (checked Oct 28, 2026) says: "You must always check NOTAMs prior to your flight." It explains that active TFRs are published on the FAA TFR list, which it describes as "updated in real-time," and that TFRs are also displayed in LAANC applications and the B4UFLY app. The same page states that "to fly in a TFR, drone pilots must coordinate with the controlling agency listed in the TFR."
Practical points for commercial operators:
- Check close to launch time. Disaster, emergency and VIP restrictions can be issued with little notice. A clear check the night before does not cover the morning of the flight.
- Read the NOTAM text, not just the map. The NOTAM states the area, altitudes, times and who may authorize entry.
- Check standing areas separately. Prohibited and restricted areas under § 107.45 are charted airspace, not TFRs.
- Stay out of emergency scenes unless authorized. Under § 91.137(b), only aircraft participating in hazard relief under the direction of the official in charge may operate in an (a)(1) area.
- Record the check. Noting the time and source of each NOTAM review is good practice. A commercial drone pre-flight checklist is a natural place to capture it.
For the full set of federal rules that apply to small drone operations, see our federal drone law overview.
Summary checklist
- Is any part of the operating area a prohibited or restricted area? If so, do you have permission from the using or controlling agency? (§ 107.45)
- Is there an active TFR or other NOTAM covering the area and time? (§ 107.47)
- If so, which section is it issued under, and does the operation meet that section's conditions? (§§ 91.137–91.145)
- Is the area within an ADIZ or Defense Area with special security instructions? (§ 99.7)
- Have you checked NOTAMs close to launch time and recorded the check?
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