Drone News: FAA Escalates Enforcement, TFR Federal Challenge, Forest Service Updates Filming Rules

Welcome to your weekly UAS news update. We have three stories for you this week. The FA is escalating enforcement on the controversial DHS TFR. That same TFR is getting the first federal court challenge and the Forest Service is updating their filming rules. Let's get to it. First up, the FA has given some serious teeth to the controversial NOTM. Back in January, we talked about the FA issuing NOTAM FTC6-4375. is going to ban all of the drones within 3,000 feet laterally and a thousand feet vertically of any Department of Homeland Security, DoD or DOE mobile asset, including unmarked vehicles. Problem with this, you probably guessed it, we said it, is that you can't see this on before you fly or on Lance. So, it's basically invisible to pilots. The FA also issued order 2150. 3C change 13 at this was at the end of January which is going to eliminate the investigator discretion for airspace violations. It means if you're caught in this invisible zone, investigators must refer your case directly to chief counsel for legal action. I'll say that again. If you're caught in one of these TFRs, the FA's aviation safety inspector must refer your case for legal action. There are no more warning letters, meaning your first time you could face criminal charges, civil penalties, even the seizure of your aircraft and fines. On the same topic, this DHS TFR just got its first federal court challenge. Minneapolis-based photojournalist Rob Lavine, represented by Reporters Committee for Freedom of the Press, has filed a petition in the US Court of Appeals directly challenging this notem. Lavine argues that the rule is unconstitutionally vague because you have no way of knowing in advance if you're flying near this unmarked federal vehicle. This restriction makes compliance structurally impossible for pilots who are trying to do the right thing. Lavine also is arguing that the FA failed to follow required notice and comment rulemaking. Reportedly, a revised NOTM has already been drafted by the FA, but another agency we're widely believing to be DHS is blocking its release. We'll be watching this legal case very closely. It's obviously pretty important to have rules that we can actually follow. Finally, the US Forest Service is officially updating its special uses regulations to align with the new Explorer Act. In the past, you often needed a special use permit and had to pay fees for commercial filming, no matter how small your crew was. This rule creates three simple tiers for filming and still photography on National Forest Service lands. First, if your activity involves one to five people, no permit or fee is required at all. Second, if you have six to eight, you'll need a deminimous use authorization, which is free, and the Forest Service is setting up a website for automated approvals. Finally, if you have more than eight, you will need a standard permit, and you'll have to pay a reasonable fee. This applies to all content creation, whether it's commercial or non-commercial. And a bonus story, Georgia bill HB 205 was officially tabled as of this recording on Wednesday. That's good news for many drone pilots as the bill aimed to restrict the purchase and use of drones by state and local entities. That's all we've got for this week. Join us on Monday for Postflight where we will share our opinions on these stories and we will see you in the live. Have a great weekend.