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NPPA Files Comments As Part of News Media Coalition Regarding FAA Drone Registration

November 7th, 2015 by Mickey Osterreicher and tagged , , , , ,

In response to a Request for Information from the FAA, the NPPA, as part of a News Media Coalition (NMC) filed Comments on November 6, 2015, regarding Unmanned Aerial Systems (UAS) registration,

According to Charles D. Tobin of Holland & Knight, LLP on behalf of the 17 news organizations and associations, “the News Media Coalition has stressed, and the government has acknowledged, that the First Amendment rights of the public in receiving news and information in the public interest, and the media in gathering that news and information, must be preserved in the regulation of any new technology, including UAS.”

With that overriding principle in mind the NMC went on to “strongly urge the FAA to require registration at the point-of-sale with registration information submitted by the seller, rather than the end-users,” to avoid an overly burdensome and costly process.

The coalition also advised that the  “FAA should only require the submission of the limited contact information from users necessary to ensure accountability” and “to avoid unnecessary administrative burdens and bureaucratic delays, registration should be web-based [with] information about the registration should be available in an easy-to-use and searchable online database that provides access consistent with that provided by the FAA for other aircraft registration.”

Additionally, “operation of UAS should be permitted upon submission of registration information, rather than awaiting affirmative approval or imposing a waiting period before a UAS may be legally operated. Any delay or additional affirmative steps could restrict an otherwise qualified UAS operator from exercising her First Amendment rights” and that “there should not be any fees—for users or sellers—to file UAS registrations with the FAA.

The group went on express its concern about registration requirements that operators file detailed flight plans with the FAA because it “would not meaningfully contribute to safety “make it virtually impossible to use UAS for breaking news stories.”

Should the FAA adopt special rules for micro UAS (under 2.2 lbs.) the group believes they should be exempt from registration requirements because “collection of such information would be overly burdensome to users and to the FAA and, given micro UAS operational limitations and safety benefits.”

Finally, in order to encourage accountability and responsible use of UAS, the NMC urged the FAA to expedite a clear commonsense final small UAS rule and utilize stakeholders (such as those in the coalition) to “help better educate UAS operators, including hobbyists, regarding current regulations and best practices for safe UAS operation.”

Members of the News Media Coalition include: Advance Publications, Inc., A.H. Belo Corp., American Broadcasting Companies, Inc., The Associated Press, Capitol Broadcasting Co., Cox Media Group, LLC, Fusion Media Network, LLC, Gannett Co., Inc., Getty Images (US), Inc., National Press Photographers Association, NBCUniversal Media, LLC, The New York Times Company, Reuters, The E.W. Scripps Company, Sinclair Broadcast Group, Inc., TEGNA, Inc., and WP Company LLC.

Posted in drone, Drones, FAA, First Amendment, First Amendment rights, Getty Images, National Press Photographers Association, New York TImes, News Photography, Newsgathering, NPPA, small unmanned aerial systems, sUAS, UAS, Washington Post | No Comments »

FAA Announces Proposed Drone Rules: will allow use of UAS under 55 lbs., under 500 ft; certification required

February 15th, 2015 by Alicia Calzada

Today the FAA proposed allowing drone flights within line of sight, during daylight hours only, and with a special operator’s certification. The FAA  announced its long-awaited proposed rules, for the regulation of small unmanned aerial systems (sUAS, or sUAVs), commonly referred to as drones. The NPPA is reviewing the rules, and the entire text of the proposed rules are not yet available, but based on the initial information released by the FAA, the rules appear to be an overall positive development for photojournalists and will address safety while enabling photographers to use the technology with fewer onerous restrictions than were expected.

“While we still need to review the proposed rule in its entirety, we are very encouraged that the FAA has chosen to follow the commonsense and less burdensome  approach to its rulemaking that NPPA has been advocating for over the past few years,” said Mickey H. Osterreicher, NPPA general counsel who was on today’s call with the FAA.

Under the proposed rules, sUAS flights will only be permitted during daylight hours, cannot go more than 500 feet above ground level, cannot be operated over any people who are not directly involved in the operation, must stay clear of other aircraft, and the UAS must remain within the line of unaided sight (no binoculars) of the operator or visual observer. However, there seems to be accommodation for the use of a visual observer in the rules. Remote cameras would not satisfy the visual-line-of-sight requirement but could be used as long as the UAS were still within the line of sight of the operator or observer.

NPPA president Mark Dolan commented, “the NPPA has been involved with this issue from the very beginning through our advocacy committee, which has consistently offered opinions and advice at every stage of the discussion. We are happy to see the FAA seems to have followed the spirit of that advice in taking a thoughtful and measured approach to the issue rather than take an extreme and restrictive stance, which can so often be the official reaction when faced with any type of new technology.” Dolan added that NPPA, “will continue to observe, and weigh in on, this issue as it moves through the public comment period of the FAA’s  rule-making process,” he added.

Under the proposal, the sUAS must weigh under 55 lbs. Pilots of small UAS, called operators, must be over 17; would be required to pass an initial aeronautical knowledge test at an FAA-approved center; be vetted by the Transportation Security Administration (TSA); obtain a sUAS operator certificate which never expires (unless revoked), and pass a recurrent test every 24 months. An individual with a private pilot’s license will still need to obtain a sUAS operator certificate to pilot a sUAS. Once certified, the operator can pilot any type of UAS for commercial purposes, “so long as you are flying within the parameters of the rule, line-of-sight, etc.” said FAA Administrator Michael Huerta this morning. The FAA has long considered photojournalism to be a “commercial” enterprise for the purposes of its rules on sUAS. Hobbyist’s use of sUAS will not require a certificate.

Operators will be required to conduct a pre-flight inspection to ensure that the small UAS is safe for operation, and must report to the FAA any accidents which result in injury or property damage within 10 days.

The proposed rules also considers the idea that there might be a “microUAS” category for UAS under 4.4 pounds “that would allow operations in Class G airspace, over people not involved in the operation, provided the operator certifies he or she has the requisite aeronautical knowledge to perform the operation.”

The rules were presented in a hastily announced, mid-holiday weekend press conference, and are further outlined in a press release. The NPPA cautions its members that these are proposed rules and as such those wishing to operate sUAS must still petition for a section 333 exemption, although that petition (unlike previously granted petitions which included a pilot’s certificate) would now most likely be approved following the guidelines in the new NPRM. “It is also important to remember that while these proposed rules address safety issues, today the President also signed a memorandum (similar to an executive order) ensuring that the government’s drone uses don’t violate the First Amendment,” Osterreicher said. “That memo also tasks the Commerce Department’s National Telecommunications and Information Administration (NTIA) with developing privacy and transparency rules for drone use,” Osterreicher added. The privacy issue is one that has been currently addressed by a patchwork of state legislation throughout the country.

The FAA will be accepting comments from the public for at least 60 days. Therefore the rules won’t go into effect until after the rulemaking period is over, which could still take another 2 years. The proposed rules are expected to be posted at this link later today: http://www.faa.gov/regulations_policies/rulemaking/recently_published/

 

Posted in broadcasting, drone, Drones, FAA, First Amendment, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, photojournalism, small unmanned aerial systems, sUAS, UAS, Unmanned Aerial Vehicle (UAV) | No Comments »

NPPA Joins 32 Other Organizations in Calling on FAA to Expedite Rulemaking for Unmanned Aircraft Systems

April 8th, 2014 by Mickey Osterreicher and tagged , , , , , , , , , , , ,

Today, the National Press Photographers Association (NPPA) joins the Association for Unmanned Vehicle Systems International (AUVSI), Academy of Model Aeronautics (AMA) and 30 other organizations in sending a letter to the Federal Aviation Administration (FAA) encouraging the agency to expedite the rulemaking process for unmanned aircraft systems (UAS) operations in the U.S. airspace. The letter also calls on the FAA to allow the limited use of small UAS for commercial purposes before the final rulemaking is completed.

While Congress authorized the integration of UAS in 2012 and the FAA has recently implemented key steps in the integration process, the rulemaking for small UAS has been delayed for almost four years. Last month’s FAA v. Pirker decision underscores the immediate need for a safety structure and regulatory framework for small UAS, according to the co-signees.

“The time for resolution has come, and we cannot afford any further delays. The technology is advancing faster than the regulations to govern it,” the letter states. “While the FAA has indicated its intention to appeal the Pirker decision to the full National Transportation Safety Board, we strongly encourage the FAA to simultaneously expedite its small UAS rulemaking and issue notice and public comment as soon as possible.”

In addition to NPPA, the co-signees include a broad array of organizations and industries, from agriculture to real estate to photography, that recognize the benefits of UAS in particular for newsgathering purposes.

In addition to expediting the UAS rulemaking, the organizations urged the FAA to use its congressional authority to allow some limited UAS operations right away.

“We recommend the FAA use all available means, including Section 333 of the FAA Modernization and Reform Act of 2012, to allow for some limited UAS operations, subject to the Secretary of Transportation’s safety determination, before the small UAS rule is finalized,” the letter states.

“The current regulatory void has left American entrepreneurs and others either sitting on the sidelines or operating in the absence of appropriate safety guidelines. The recreational community has proven that community-based safety programming is effective in managing this level of activity, and we highly encourage the FAA to allow similar programming to be used to allow the small UAS industry to establish appropriate standards for safe operation. Doing so will allow a portion of the promising commercial sector to begin operating safely and responsibly in the national airspace.”

According to AUVSI’s economic impact study, the integration of UAS will create more than 100,000 new jobs and $82 billion in economic impact in the first decade following integration. NPPA’s Executive Director Charles (Chip) Deale commended the groups’ effort to advocate for a regulatory framework.

“It is unfortunate that the FAA has taken so long to address this issue in a commonsense and expedited manner and we urge Administrator Huerta to include our organization and other stakeholders in its rulemaking process,” Deale said.

The letter co-signees include: Aerospace States Association, Air Traffic Controllers Association, Airborne Law Enforcement Association, Aircraft Owners and Pilots Association’ Airports Council International – North America, American Association of Airport Executives, American Institute of Aeronautics and Astronautics, American Society of Agronomy, American Soybean Association, Crop Science Society of America, Experimental Aircraft Association, General Aviation Manufactures Association, Helicopter Association International, International Society of Precision Agriculture, International Stability Operations Association, National Air Traffic Controllers Association, National Air Transportation Association, National Association of Realtors, National Association of State Aviation Officials, National Association of Wheat Growers, National Barley Growers Association, National Business Aviation Association, National Sheriffs’ Association, National Ski Areas Association, National Sunflower Association, North American Equipment Dealers Association, Radio Television Digital News Association, Realtors Land Institute, Soil Science Society of America and U.S. Canola Association

The full letter may be found at www.auvsi.org/AUVSI-AMA-Sign-On-Letter-To-FAA

Posted in Access, drone, First Amendment, First Amendment rights, National Press Photographers Association, News Photography, Newsgathering, NPPA, photographers, Photographers' Rights, photojournalism, UAS, Visual Journalists | No Comments »