Drone Registration, a Fight for Movie Screens and New-Home Sales

23 Dec 2015 | Author: | No comments yet »

Drone Registration, a Fight for Movie Screens and New-Home Sales.

Drone pilots, start your web browsers. The Federal Aviation Administration plans to open a website Monday for its mandatory registration program, aimed at improving safety by making people more accountable for their use of remote-control flying machines. On old issues, the United States Court of Appeals for the District of Columbia Circuit remanded a regulatory action and denied mandamus to compel an agency response to a remand. Owners will be required to submit their names, home addresses and email addresses to a national database, and to put a registration number on drones weighing from half a pound to 55 pounds. Finally, the Department of Energy (DOE) claimed the largest benefit for energy efficiency ever – commercial heating and air conditioning units – through a consensus process.

The FAA begins its IFR with a familiar premise – that small Unmanned Aerial Systems (sUAS or drones) are aircraft and therefore required to comply with all aircraft statutes and regulations, including registration, marking, and operation. The IFR provides a streamlined internet registration “commensurate to the nature” of drones as an alternative to the paper–based registration process applicable to manned aircraft, and simplified marking requirements instead of the United States-registration tail number (the “N” prefix). The information in the registration database will be available within the government and to law enforcement for certain routine, particularly enforcement, uses, and a drone owners name and address will be made available to the public upon request with the drone’s identifier (similar to looking up a manned aircraft owner by N number).

The rule became effective, and the registry should come online, today. ► Interestingly, the IFR applies the FAA’s $5 aircraft registration fee to drones. Schwartz Nike, one of a shrinking number of star performers in the world of retailing, is expected to report earnings on Tuesday, and analysts expect another solid quarter of growth. The statute requires also that the FAA adjust the fee when it determines that the cost of the service has changed, but the FAA admits not update the fee since 1966. New-home purchases tend to be volatile, and economists are watching for any sign that the recent rate increase by the Federal Reserve will eventually affect the real estate market. Until the FAA promulgates that rule, anyone operating a drone other than in the hobby/recreational limitation must first obtain FAA approval or an exemption.

Although the IFR acknowledges commenters’ concerns about drone owner liability insurance and privacy on private property, the IFR does not respond to those issues. The only privacy issues addressed in the IFR relate to the registration system. ► The FAA argues that it has “good cause” under the Administrative Procedure Act (APA) for promulgating an IFR without an advance notice and public comment and setting the rule’s effective date at less than 30 days after publication. Their good cause is a reduction of the burden from current aircraft registration requirements and a need for action in light of increasing dangerous intrusions, not an initial finalization of a subset of issues of the proposed rule. The FAA might have issued the IFR for purely “interim” purposes based on the broader scope of the previous proposed rule, but they may not think so.

Seven major movies will arrive in theaters in the coming days or expand into wide release: “Concussion,” with Will Smith, above, “Daddy’s Home,” “Joy,” “Point Break,” “The Hateful Eight,” “The Revenant” and “The Big Short.” Last year at this time, “American Sniper” became a juggernaut. EPA, that EPA erred in not considering cost in its initial statutory determination of whether regulation of electric generating units under the Clean Air Act (CAA) was “appropriate and necessary.” SCOTUS remanded to the D.C.

Movies like “Concussion,” a drama about football-related brain injuries, and “Point Break,” a remake of the 1991 crime thriller, may have to prove their appeal quickly or lose screens. Circuit simply remanded the issue to the EPA, without vacatur under its Allied-Signal doctrine, noting only that “EPA has represented that it is on track to issue a final finding … by April 15, 2016.” The Allied-Signal doctrine permits remand without vacatur depending on “the seriousness of the order’s deficiencies (and thus the extent of doubt whether the agency chose correctly) and the disruptive consequences of an interim change that may itself be changed.” Second, in another summary, unpublished order, the D.C.

An unwelcome three-month decline in core consumer prices most likely came to an end in November, with prices flat or up slightly, according to predictions by private sector economists. DHS, that TSA failed to justify its declination of a petition to initiate notice and comment rulemaking under the APA before using advanced imaging technology (AIT) for primary screening and the use of AIT “substantively affects the public to a degree sufficient to implicate the policy interests animating notice-and-comment rulemaking,” i.e.

In this instance, the EPA informed the court that it believed it would reach the same conclusion after complying with the law, but such a statement, and a court’s acquiescence, undercuts the very purpose of statutory remedy. If an agency may violate a statutory procedural requirement with impunity, there is substantially less reason to expend the enormous effort and substantial cost to seek judicial review of the violation. TSA presented a compelling case for continuing its practice in violation of the APA’s rulemaking requirements, pending rulemaking, but delayed compliance by four years (and nearly five if TSA meets its schedule) undercuts faith in the agency’s response. Other courts have specifically imposed a deadline for agency response with the distinct enforcement mechanism of vacatur on a date certain if the agency has not complied.

Here the underlying statute provides that DOE may use a DFR in response to what might be called a consensus petition, but the rule may not become effective for at least 120 days, while the public is given at least 110 days to submit an objection. Such analyses and “co-benefits” may be legitimate, but an honest evaluation requires that they be tempered by an equivalent degree of analysis of the “social benefits of carbon” and “co-costs.”

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