FAA Discontinues Warning Letters for Unseen DHS TFR Violations Affecting Drone Pilots

FAA Strengthens Enforcement of DHS NOTAM

The Federal Aviation Administration (FAA) has intensified enforcement of the controversial Notice to Airmen (NOTAM) FDC6-4375, which prohibits drone operations within 3,000 feet laterally and 1,000 feet vertically of any Department of Homeland Security (DHS), Department of Defense (DoD), or Department of Energy (DOE) mobile asset, including unmarked vehicles. This regulation has raised concerns among drone pilots, as it is not visible on platforms like B4UFLY or LAANC, rendering it effectively invisible to operators.

Additionally, the FAA has implemented Order 2150.3C Change 13, which removes discretion for investigators regarding airspace violations. Consequently, if a pilot is found operating within these restricted areas, their case must be referred directly to the chief counsel for legal action. This change means that warning letters will no longer be issued, and first-time offenders could face criminal charges, civil penalties, aircraft seizure, and fines.

First Federal Court Challenge to DHS TFR

The DHS TFR has faced its first federal court challenge, initiated by Minneapolis-based photojournalist Rob Lavine, who is represented by the Reporters Committee for Freedom of the Press. Lavine’s petition, filed in the US Court of Appeals, contends that the NOTAM is unconstitutionally vague, as it does not provide a clear method for pilots to determine if they are flying near an unmarked federal vehicle. He argues that this lack of clarity makes compliance impossible for conscientious pilots and claims that the FAA did not adhere to the required notice-and-comment rulemaking process.

Reports indicate that a revised NOTAM has been drafted by the FAA, but its release is currently being obstructed by another agency, believed to be the DHS. The outcome of this legal challenge is anticipated to have significant implications for drone regulations.

US Forest Service Revises Filming Regulations

The US Forest Service has updated its special use regulations to comply with the new Explorer Act, simplifying the process for filming and photography on National Forest Service lands. Previously, a special use permit and associated fees were required for commercial filming, regardless of crew size. The new regulations introduce three tiers for filming activities:

• For activities involving one to five people, no permit or fee is required.
• For six to eight people, a free de minimis use authorization will be necessary, with an automated approval process being established on a new website.
• For groups exceeding eight people, a standard permit will be required, along with a reasonable fee.

This update applies to all content creation, whether commercial or non-commercial.

Georgia Drone Bill HB 205 Tabled

In a related development, Georgia bill HB 205 has been officially tabled as of Wednesday. This decision is viewed positively by many drone pilots, as the bill sought to impose restrictions on the purchase and use of drones by state and local entities.

This concludes the weekly UAS news update. Further discussions on these topics will be held in the upcoming Postflight segment on Monday.

This article is based on a video by Pilot Institute on YouTube. Greg Reverdiau is a regular contributor to DroneXL, with additional work available on his author page.