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What is NYC RCNY § 24-03?

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(a) An application for a permit to take off or land an unmanned aircraft within New York City must be filed in a form and manner as prescribed on the Department’s website. Applications must contain: (1) The name, address, e-mail, and telephone number of the applicant and, where the applicant is a natural person, a cop

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Effective: 7/21/2023

§ 24-03 Applications.

RCNY § 24-03

(a)An application for a permit to take off or land an unmanned aircraft within New York City must be filed in a form and manner as prescribed on the Department’s website. Applications must contain: (1) The name, address, e-mail, and telephone number of the applicant and, where the applicant is a natural person, a copy of a government-issued photo ID for the applicant; provided that where the applicant is a corporation, organization, association, or other entity, the application must also contain the name, address, e-mail, and telephone number of the person submitting the application on behalf of the applicant, a copy of a government-issued photo ID for such person, and a statement certifying that such person is authorized to sign and submit the application on behalf of the applicant; (2) The name, address, e-mail, and telephone number of each proposed operator and each person proposed to serve as an alternate operator or visual observer on the proposed date of take-off or landing of the unmanned aircraft, and a copy of a government-issued photo ID for each such proposed operator or person; (3) A description of the intended purpose or use of the unmanned aircraft, including whether the unmanned aircraft will be used to capture or transmit still images, video, or audio; (4) The proposed date and time of the take-off of the unmanned aircraft, and the proposed date and time of the landing of the unmanned aircraft; (5) The proposed take-off or landing site; (6) A description of the specific geographic area where the flight of the unmanned aircraft will be conducted between the proposed take-off and landing sites, or a map showing such specific geographic area, and the anticipated altitude and duration of the flight; (7) The make, model, year of manufacture, and weight of the unmanned aircraft; (8) Documentation of FAA authorization to operate the unmanned aircraft pursuant to Part 107 of Title 14 of the C.F.R., including any certifications or waivers, or pursuant to an exemption authorized in accordance with Part 11 of Title 14 of the C.F.R., for each proposed operator, including any alternate operator; (9) A copy of the FAA registration certificate for the unmanned aircraft; (10) Proof of insurance as required by subdivision (b) of 38 RCNY § 24-06; (11) A copy of the applicant’s data privacy policy, or a description of the applicant’s practices and procedures for protecting data privacy, which shall include steps the applicant will take to ensure the confidentiality of any information or material collected by the unmanned aircraft, practices and procedures for retention of information and material collected by the unmanned aircraft, and practices and procedures for handling still images, video, or audio of a person recorded by the unmanned aircraft, including redaction or pixelization of such material in appropriate circumstances; (12) A copy of the applicant’s cybersecurity policy, or a description of the applicant’s policies and procedures for securing the confidentiality, integrity, and availability of an unmanned aircraft’s systems and underlying data, which must include the steps an applicant will take in the event of a cybersecurity incident involving an unmanned aircraft operated pursuant to a permit issued under this chapter; (13) A copy of the proposed notice required by subdivision (e) of 38 RCNY § 24-05, if applicable; (14) Any additional information that the Department determines is required to make a determination as to whether a permit should be issued pursuant to this chapter; and (15) An affirmation that: (i) All answers and statements provided on the application are complete and accurate; (ii) All supporting documents submitted with the application are complete and accurate; (iii) The applicant understands and acknowledges that the operator of the unmanned aircraft is responsible for the safe operation of the unmanned aircraft; and (iv) Any operator of the unmanned aircraft will comply with all applicable federal, state, and local laws, as well as rules and regulations promulgated thereunder.

(b)Applications may be submitted up to one-hundred and eighty (180) days prior to the proposed date and time of the take-off and landing.

(c)Applications must be submitted no less than thirty (30) days prior to the earliest proposed date of take-off or landing, except that applications may be submitted no less than fourteen (14) days prior to the earliest proposed date of take-off or landing where: (1) Each proposed operator, including any alternate proposed operator, included on the application has been listed as an operator on at least one permit previously issued pursuant to this chapter within the one-hundred and eighty (180) days prior to the date of submission of the application; and (2) Such previously issued permit was not revoked for failure to comply with the terms and conditions of the permit, these rules, or other applicable laws or rules.

(d)As used in this chapter, terms in the singular shall include the plural. Notwithstanding any provision of this chapter to the contrary, an applicant may submit a single application for multiple unmanned aircraft, proposed dates and times of take-off and landing, and proposed take-off and landing sites, provided that: (1) All information required by this section must be included for each such unmanned aircraft, proposed date and time of take-off and landing, or proposed take-off and landing site included in the application; and (2) The application includes a total of no more than five (5) combinations of proposed dates and times of take-off and landing and proposed take-off and landing sites.

(e)A fee of $150.00 shall accompany the application. The applicant shall pay such fee in a manner prescribed on the Department’s website. The fee shall be non-refundable unless the applicant demonstrates that the permit associated with the fee was revoked pursuant to 38 RCNY § 24-05(f) and that such revocation was not based upon the actions of the applicant or of any operator or alternate operator listed on the permit or the application.

(f)Applications will be reviewed in the order in which they are received. The Department will only review complete applications. An application will be considered complete after the applicant has submitted all required information, materials, and documents to the Department.

(g)No later than August 1, 2024, the Department will review the application procedures set forth in this chapter and any other information it deems relevant to determine whether applications not eligible to be processed within fourteen (14) days pursuant to subdivision (c) of this section may be processed in less time than thirty (30) days. (Added City Record 7/21/2023, eff. 7/21/2023)

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