Sarah Nilsson, JD, PhD, MAS
Sarah Nilsson, JD, PhD, MAS

No Drone Zone

                   Photo courtesy of Bret Fugate

                         © All rights reserved 

 

 

Sept 2017 - FAA Restricts Drones over Statue of Liberty, Other Landmarks

 

At the request of U.S. national security and law enforcement agencies, the Federal Aviation Administration (FAA) is using its existing authority under Title 14 of the Code of Federal Regulations (14 CFR) § 99.7 – “Special Security Instructions” – to address concerns about unauthorized drone operations over 10 Department of the Interior (DOI) sites, including the Statue of Liberty and Mount Rushmore.

The FAA and DOI have agreed to restrict drone flights up to 400 feet within the lateral boundaries of these sites:

  • Statue of Liberty National Monument, New York, NY
  • Boston National Historical Park (U.S.S. Constitution), Boston, MA
  • Independence National Historical Park, Philadelphia, PA
  • Folsom Dam; Folsom, CA
  • Glen Canyon Dam; Lake Powell, AZ
  • Grand Coulee Dam; Grand Coulee, WA
  • Hoover Dam; Boulder City, NV
  • Jefferson National Expansion Memorial; St. Louis, MO
  • Mount Rushmore National Memorial; Keystone, SD
  • Shasta Dam; Shasta Lake, CA

The restrictions will be effective October 5, 2017. There are only a few exceptions that permit drone flights within these restrictions, and they must be coordinated with the individual facility and/or the FAA.

To ensure the public is aware of these restricted locations, the FAA has created an interactive map online. The link to these restrictions is also included in the FAA’s B4UFLY mobile app. The app will be updated within 60 days to reflect these airspace restrictions. Additional information, including frequently asked questions, is available on the FAA’s UAS website.

Operators who violate the airspace restrictions may be subject to enforcement action, including potential civil penalties and criminal charges.

This is the first time the agency has placed airspace restrictions for unmanned aircraft, or “drones,” over DOI landmarks. The FAA has placed similar airspace restrictions over military bases that currently remain in place.

The FAA is considering additional requests from other federal agencies for restrictions using the FAA’s § 99.7 authority as they are received.

 

 

 

Fireworks, Drones and Airplanes Don't Mix

 

June 2017- As people travel, purchase fireworks and fly drones over the Independence Day holiday, the FAA reminds them to know and follow the aviation safety rules.

Here are general guidelines for people flying drones:

  • Don’t fly your drone in or near fireworks
  • Don’t fly over people
  • Don’t fly near airports

To learn more about what you can and can’t do with your drone go to faa.gov/uas or download the B4UFLY app for free in the Apple and Google Play store. Also, check out the FAA's July 4th No Drone Zone PSA video.

There are also strict rules prohibiting airline passengers from packing or carrying fireworks on domestic or international flights. Remember these simple rules:

  • Don’t pack fireworks in your carry-on bags
  • Don’t pack fireworks in your checked luggage
  • Don’t send fireworks through the mail or parcel services

Passengers violating the rules can face fines or criminal prosecution. When in Doubt…Leave it out!

For more information on the passenger rules for fireworks and other hazardous materials, please go to www.faa.gov/go/packsafe/.  Leave the fireworks at home–Fireworks Don't Fly (PDF) (Poster)

As FAA works to ensure that passengers arrive at their destinations safely, it is important that you follow the rules while enjoying your drones as well as celebrating the July 4th holiday.  

 

April 6, 2017 - FAA Restricts Drone Operations Over Certain Military Bases

The Federal Aviation Administration (FAA) is using its existing authority under Title 14 of the Code of Federal Regulations (14 CFR) § 99.7 – “Special Security Instructions” – to address national security concerns about unauthorized drone operations over 133 military facilities.

This is the first time the agency has instituted airspace restrictions that specifically apply only to unmanned aircraft, popularly known as “drones.” The authority under § 99.7 is limited to requests based on national security interests from the Department of Defense and U.S. federal security and intelligence agencies.

U.S. military facilities are vital to the nation’s security. The FAA and the Department of Defense have agreed to restrict drone flights up to 400 feet within the lateral boundaries of these 133 facilities. The restrictions will be effective April 14, 2017.There are only a few exceptions that permit drone flights within these restrictions, and they must be coordinated with the individual facility and/or the FAA.

Operators who violate the airspace restrictions may be subject to enforcement action, including potential civil penalties and criminal charges.

To ensure the public is aware of these restricted locations, the FAA has created an interactive map online. The link to these restrictions is also included in the FAA’s B4UFLY mobile app. The app will be updated within 60 days to reflect these airspace restrictions. Additional information, including frequently asked questions, is available on the FAA’s UAS website.

Section 2209 of the FAA Extension, Safety, and Security Act of 2016 also directs the Secretary of Transportation to establish a process to accept petitions to prohibit or restrict UAS operations over critical infrastructure and other facilities. The Department of Transportation and the FAA are currently evaluating options to implement such a process.

The FAA is considering additional requests from federal security and intelligence agencies for restrictions using the FAA’s § 99.7 authority as they are received.

 

 

In accordance with AC91-57A, hobby and recreational UAS operators are required to check NOTAMs and TFRs before flight - simply click on the links below!

FAA NOTAMs

FAA TFRs

 

2014 - NOTAM 4/3621 for TFR for stadium sporting events to specifically prohibit UAS operations at NFL games, NCAA Division 1 football games, Major League Baseball games, and NASCAR Cup races.

 

Washington, DC Flight Restricted Zone (FRZ) - permanently prohibits model aircraft and UAS operations

Feb 10, 2016 - The previous 30 mile ring changed to 15 miles for UAS per FDC 6/2069

 

2009 - Special Notice 4/0811 - strongly adivses against aircraft operation in vicinity of power plants, dams, refineries, industrial complexes, and military installations. It is interpreted to include both manned and unmanned aircraft.

 

February 9, 2016 - FAA Press Release

The Federal Aviation Administration (FAA) is updating its conditions today for flying unmanned aircraft in the area between 15 and 30 miles from Washington, D.C. to clarify differences for various types of unmanned aircraft. As of 12:01 a.m. EST, Wednesday, February 10, the operating procedures will allow model aircraft, commercial and public users to operate in the outer ring of the Special Flight Rules Area (SFRA) under specific conditions.

The SFRA rule still prohibits unmanned aircraft operations within 15 miles of Washington, D.C. in the Flight Restricted Zone without specific FAA authorization.

Under the new procedures, hobbyists and recreational unmanned aircraft operators can fly aircraft that weigh less than 55 lbs. (including any attachments such as a camera) in the area between 15 and 30 miles of Washington, D.C. if the aircraft are registered and marked, and they follow specific operating conditions. The operating conditions require them to fly 400 feet or lower above the ground, stay in the operator's line of sight, only fly in clear conditions, and avoid other aircraft.

If hobbyists intend to operate within five miles of an airport or heliport, the new procedures also require them to notify the airport, heliport and air traffic control tower, if there is one, before operating.

Commercial and other non-model aircraft operators must register and mark their unmanned aircraft, must have an exemption and comply with it, and must notify the FAA an hour before operating to provide specific flight information.

Public operators, such as federal, state or local governments, must also register and mark their aircraft, must have the appropriate FAA authorization to operate, and must complete the same one-hour notification before operating.

 

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Sarah Nilsson, JD, PhD, MAS

 

602 561 8665

 

sarah@sarahnilsson.org

 

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Legal disclaimer 

The information on this website is for educational purposes only and DOES NOT constitute legal advice. While the author of this website is an attorney, she is not your attorney, nor are you her client, until you enter into a written agreement with Nilsson Law, PLLC to provide legal services.

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