
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 FAA escalates enforcement on the controversial DHS TFR, that same TFR gets its first federal court challenge, and the Forest Service updates their filming rules. Let's get to it.
First up this week, the FAA has given some serious teeth to a very controversial NOTAM. Back in January, the FAA issued NOTAM FDC 6/4375. This bans all drones within 3,000 feet laterally and 1,000 feet vertically of any Department of Homeland Security, DOD, or DOE mobile asset, including unmarked ICE vehicles. The problem is that you cannot see this restriction on B4UFLY or LAANC, making it completely invisible to pilots. The FAA has also issued Order 2150.3C Change 13, which eliminates investigator discretion for airspace violations. If you get caught in this invisible zone, investigators must refer your case directly to the Chief Counsel for legal action. I’ll say that again, if caught in one of these TFRs, the FAA’s Aviation Safety Inspector MUST refer your case for legal action. There are no more warning letters, meaning you could face criminal charges, civil penalties, or even the seizure of your aircraft.On the same topic, the DHS TFR just got its first federal court challenge. Minneapolis-based photojournalist Rob Levine, represented by the Reporters Committee for Freedom of the Press, has filed a petition in the U.S. Court of Appeals directly challenging NOTAM FDC 6/4375. Levine argues that the rule is unconstitutionally vague because you have no way of knowing in advance if you are flying near an unmarked federal car. This restriction makes compliance structurally impossible for pilots who are trying to do the right thing. Levine is also arguing that the FAA failed to follow required notice-and-comment rule-making. Reportedly, a revised NOTAM has already been drafted by the FAA, but another agency, widely believed to be DHS, is blocking its release. We will be watching this developing legal case very closely. It is 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 EXPLORE 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. The new rule creates three simple tiers for filming and still photography on National Forest System 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 people, you’ll need a de minimis use authorization, which is free, and the Forest Service is setting up a website for automated approvals. Finally, if you have more than eight people, you will need a standard permit and will have to pay a reasonable fee. This applies to all content creation, whether it is commercial or noncommercial. Join us on Monday for Post flight, where we’ll share our opinions on these stories and we’ll see you for the live! Have a great weekend! https://dronexl.co/2026/03/17/faa-dhs-drone-ban-rob-levine-lawsuit/https://dronexl.co/2026/03/12/faa-ice-notam-fdc-6-4375-compliance-problem/https://dronedj.com/2026/03/17/faa-drone-tracking-api-illegal/https://public-inspection.federalregister.gov/2026-05457.pdf
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