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FAA Reverses Course, Grants Drone Journalist Permission To Fly In No-Fly Zone Over Standing Rock

This article is more than 7 years old.

In a dramatic reversal of its prior refusal to allow drone journalists in the no-fly zone over the Standing Rock protests in North Dakota, the FAA has granted drone photographer Robert Levine of Minneapolis, Minnesota a three-day waiver to fly in the so-called TFR or temporary flight restriction zone.  The waiver, issued on December 1 authorizes Mr. Levine to fly within a half mile radius of a specific point - defined by latitude and longitude - over Standing Rock during daylight hours from 7:00 am CST on December 4 to 5 pm CST on December 7.  The waiver requires him to operate below 400 feet above ground level and states "nighttime flight operations, beyond visual line of sight flight operations and unsafe flight operations are strictly prohibited."  Mr. Levine is required to contact the North Dakota Tactical Operation Center and Air Traffic Control before and after each flight.

Mr. Levine holds a so-called Part 107 certificate - an FAA pilot certificate authorizing him to fly small unmanned aircraft.  The FAA began issuing these licenses this past fall when the new commercial drone rules went into effect.  Mr. Levine is a long-time freelance photographer in Minneapolis doing mainly editorial and commercial photography.  He was on the staff of the Minneapolis Star-Tribune for several years in the 1980s.  He began flying drones this past September.

Mr. Levine is heading to Bismarck, North Dakota tomorrow and on to Standing Rock the following morning.