Electronic Privacy Information Center v. FAA, No. 15-1075 (D.C. Cir. 2016)Annotate this Case
EPIC seeks review of the FAA's decision not to promulgate the FAA’s dismissal of its petition for rulemaking and the FAA’s omission of privacy provisions in the notice of proposed rulemaking (NPRM). EPIC's petition relates to the Modernization and Reform Act of 2012, 49 U.S.C. 40101, which was enacted to regulate, inter alia, unmanned aircraft - i.e. drones. The court rejected EPIC's contention that "reasonable grounds" justify its untimely petition 60 days after the FAA's explicit dismissal. The court also rejected EPIC's argument that the FAA's February 23, 2015 NPRM constituted, in effect, the dismissal of its petition, triggering the 60-day clock. Accordingly, the court dismissed the petition for review.