Uas Airspace

Unmanned aircraft operations introduce unique considerations within the broader structure of the National Airspace System. Understanding UAS airspace requirements helps pilots recognize how remotely piloted aircraft are integrated alongside traditional traffic and what operational limitations may apply.


Uas Airspace

Introduction to Uas Airspace

  • Small unmanned aircraft systems operations must be integrated into the NAS while maintaining the existing operational capacity and safety without introducing an unacceptable risk to airspace users, persons, and property on the ground.
  • 14 CFR Part 107 was the first new rule dedicated to UAS operations.
  • For commercial operations, Part 135 and 137 operations considerations exist.
  • Public aircraft operations are also permitted.
  • When required, emergency operations are authorized.
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Uas Airspace

Small Unmanned Aircraft Systems Operations

  • UAS operations must be integrated into the NAS while maintaining the existing operational capacity and safety without introducing an unacceptable risk to airspace users, persons, and property on the ground.
    • The FAA is committed to striking the appropriate regulatory and oversight balance to ensure that American innovation is able to thrive without compromising the safest, most efficient aerospace system in the world.
  • UAS operators can access the NAS in multiple ways
    • Generally, UAS weighing less than 55 pounds MGOW are permitted to operate within Visual Line of Sight (VLOS) up to 400 feet Above Ground Level (AGL) in uncontrolled (Class G) airspace.
  • Operations within controlled airspace require specific Air Traffic Control (ATC) authorization.

  • Part 107 Operations:

    • Part 107 sUAS operators can request airspace authorizations via Low Altitude Authorization and Notification Capability (LAANC) or DroneZone to fly within Class B, Class C, Class D or the lateral boundaries of the surface area of Class E airspace designated for an airport.
    • Operations within controlled airspace can be readily approved when corresponding to the altitude values indicated on the corresponding UAS Facility Map (UASFM).
    • Requests above the maximum altitude the UASFM provides require further coordination with the respective ATC facility for approval.
    • Part 107 remote pilots and operators may request "further coordination" for an airspace authorization to operate above UASFM values, up to 400 feet AGL.
    • See AIM paragraph 11-4-2 for further information regarding Part 107 operations.
    • See AIM paragraph 11-8-2 for further information regarding Emergency UAS Authorizations Through Special Government Interest (SGI) Airspace Waivers.

  • Recreational Flyer Operations:

    • Recreational flyers may operate in certain controlled and uncontrolled airspace under specific conditions.
    • In Class B, C, D or the surface area of Class E airspace designated for an airport.
    • The operator must obtain authorization prior to operating. In Class G airspace, the aircraft must be flying not more than 400 feet AGL and comply with all airspace restrictions and prohibitions. Recreational flyers may operate at an FAA-recognized fixed flying site above 400 feet AGL with a FAA-approved letter of agreement from the appropriate ATC authority or up to UASFM altitudes in controlled airspace with an airspace authorization obtained through LAANC.

  • Part 91 UAS Operations:

    • Public UAS and civil UAS 55 pounds or more MGOW operate under 14 CFR Part 91, UAS operations. Public UAS operators and civil, non-recreational UAS weighing 55 pounds or more MGOW can access the NAS by compliance with certain parts of 14 CFR Part 21, experimental certificates, and 14 CFR Part 91, UAS Operations. Part 91 UAS operators require a COA to operate within the NAS. Specific geographic/altitude limitations are prescribed in the COA. Additional pilot and aircraft requirements are applicable to Part 91 UAS operations. See Chapter 11, Section 3, Large UAS (MGOW 55 Pounds or More), and paragraph 11-4-3, Airspace Access for PAO, for further information on Part 91 UAS operations.
  • sUAS remote pilots and recreational flyers are generally permitted access to uncontrolled airspace without special permission.
    • ATC must grant all access to controlled airspace, whether by manned or unmanned aircraft.

Uas Airspace

14 CFR Part 107 and Waivers to 14 CFR Part 107

  • 14 CFR Part 107 was the first new rule dedicated to UAS operations. It was designed to provide a path for integration into the NAS for sUAS, flown under VLOS, and operated for non-recreational purposes. Part 107 allows remote pilots to fly for recreation. Part 107 grants certain flight permissions and altitudes over those provided under 49 USC 44809, The Exception for Limited Recreational Operations of UAS, in view of the greater vetting required for 14 CFR Part 107 certification. Eligibility requirements to fly under 14 CFR Part 107 are in 14 CFR Section 107.61, Eligibility.
    • The Administrator may issue a certificate of waiver authorizing a deviation from 14 CFR Section 107.31, Visual Line of Sight Aircraft Operation, if the operation can conducted safely under the terms of a certificate of waiver.

  • Operations in Class G Airspace:

    • Part 107 remote pilots may fly in Class G airspace up to 400 feet AGL and within 400 feet of a structure without prior coordination with ATC. Other limitations for Part 107 operators are described in 14 CFR Part 107.51, Operating Limitations for sUAS.

  • Operations in controlled airspace through LAANC:

    • LAANC allows the remote pilot to obtain near real-time airspace authorization within UASFM altitudes and stay notified of airspace restrictions and prohibitions. See paragraph AIM 11-8-7, Resources for UAS Operators, for information on downloading LAANC.

  • Waivers to 14 CFR Part 107:

    • A waiver is an official document issued by the FAA that approves certain UAS operations outside the limitations of a regulation. These waivers allow drone pilots to deviate from specific rules under 14 CFR Part 107 by demonstrating they can still fly safely using alternative methods or safety mitigations. 14 CFR Part 107 waivable rules are listed in 14 CFR Section 107.205, List of Regulations Subject to Waiver. Any subpart of 14 CFR Part 107 rule not explicitly listed in 14 CFR Section 107.205, such as the §107.36 prohibition on the carriage or transport of HAZMAT, is not subject to waiver and would require an exemption under 14 CFR Part 11, General Rulemaking Procedures. See paragraph 11-3-2, Exemptions Under 49 USC 44807, Special Authority for Certain Unmanned Systems, for guidance on requesting exemptions.
    • To request a 14 CFR Part 107 waiver, refer to the FAA's Part 107 Waiver website.
    • Pilots may access the FAA's Part 107 waiver website at https://www.faa.gov/uas/commercial_operators/part_107_waivers/.

Uas Airspace

Airspace Access for 14 CFR Part 135 and 14 CFR Part 137 Operations

  • Part 135 Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft:

    • Civil operators of UAS may conduct commercial package delivery BVLOS, or may transport HAZMAT on an interstate basis (crossing state boundaries), only under 14 CFR Part 135
      • These types of operations are prohibited for UAS operating under 14 CFR Part 107, sUAS
      • Legally, these operations must be conducted under 14 CFR Part 91, UAS operations, in accordance with an air carrier certificate issued under 14 CFR Part 135, and an exemption from certain federal aviation regulations granted under 14 CFR Part 11, general rulemaking procedures
    • Generally, UAS cannot comply with certain 14 CFR regulations originally written for a manned aircraft environment and therefore require relief
      • UAS operators obtain relief from the requirements of these regulations through exemptions, waivers, and deviations
      • The relief document lists conditions and limitations which provide a level of safety at least equal to that provided by the rule from which relief is needed. Additionally, UAS operators must obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization (ATO)
      • Applicants for 14 CFR Part 135 certification should begin the process by contacting their local FAA Flight Standards District Office (FSDO)
      • Examples of such regulations include requirements for the provision of seat belts for aircrew and passengers, on-board carriage of an aircraft manual, etc.
        • Application for a 14 CFR Part 135 air carrier certificate for UAS operations uses the same process as that for manned 14 CFR Part 135 applicants
          • For information on how to apply for an air carrier certificate issued under 14 CFR Part 135, see the FAA 14 CFR Part 135 Air Carrier and Operator Certification website
          • The FAA 14 CFR Part 135 Air Carrier and Operator Certification website may be reviewed at: https://www.faa.gov/licenses_certificates/airline_certification/135_certification/
        • Parts 121 and 135 Certification is available to aid an applicant in Part 135 certification
        • Additional information on how to petition for an exemption and obtain a COA is available on the FAA Advanced Operations website

  • Part 137, Agricultural Aircraft Operations:

    • Civil and public operators of UAS may conduct agricultural aircraft operations, as defined in 14 CFR Part 137.3, Definition of Terms
      • These operations must be conducted in accordance with an agricultural aircraft operator certificate issued under 14 CFR Part 137, and an exemption from certain federal aviation regulations granted under 14 CFR Part 11, General Rulemaking Procedures
      • Operators of sUAS, weighing less than 55 pounds MGOW may conduct agricultural aircraft operations under 14 CFR Part 107, sUAS, and 14 CFR Part 137
      • Operators of large UAS, weighing 55 pounds MGOW or more may conduct agricultural aircraft operations under 14 CFR Parts 91, UAS operations, and 14 CFR Part 137
    • Generally, as is the case with 14 CFR Part 135 standard cargo operations, UAS cannot comply with certain 14 CFR regulations, and therefore require relief
      • For example, sUAS require relief from carriage of hazardous material (§107.36), aircraft certification (§137.19(d)), carriage of agricultural aircraft operator certificate (§137.33(a)), and, for large UAS, certain aircraft airworthiness requirements (14 CFR Parts 21 and 91)
      • UAS operators obtain relief from the requirements of these regulations through an exemption
      • The exemption lists conditions and limitations which provide a level of safety at least equal to that provided by the rule
      • Additionally, large UAS operators must obtain a COA from the FAA ATO
        • For additional information on how to petition for an exemption and obtain a COA, go to the FAA's Advanced Operations website: https://www.faa.gov/uas/advanced_operations/
        • Advisory Circular 137-1, Certification Process for Agricultural Aircraft Operators, provides additional information on how to apply for an agricultural aircraft operator certificate issued under 14 CFR Part 137

  • Hazardous Materials (HAZMAT):

    • A hazardous material also known as HAZMAT, or dangerous goods is any substance or material that is capable of posing an unreasonable risk to health, safety, and property when transported in commerce. For example, lithium batteries, dry ice, and aerosol whipped cream are considered dangerous goods. These products may seem harmless, but when transported by air they can be very dangerous. Vibrations, static electricity, temperature and pressure variations can cause items to leak, generate toxic fumes, start a fire, or even explode if these products are not packaged and handled properly. More detailed information is located on the FAA's What are Dangerous Goods website: https://www.faa.gov/hazmat/what_is_hazmat/
    • The carriage/transportation of hazardous materials under 14 CFR Part 107, sUAS, is strictly prohibited at all times, and is not subject to waiver. In order to transport hazardous materials, UAS operators must follow the 14 CFR Part 135 certification regulatory path and must develop dangerous goods training programs and manuals as part of the 14 CFR Part 135 Air Carrier and Operator Certificates process, described on the FAA website and subparagraph 11-4-5a, and 14 CFR Part 135, Operating Requirements. A brief description of applicable regulations as they apply to UAS can be found on the FAA's UAS website: https://www.faa.gov/hazmat/air_carriers/operations/drones/

Uas Airspace

Airspace Access for Public Aircraft Operations (PAOs)

  • General. The NAS extends from the ground to above 60,000 feet MSL and includes various classifications of airspace, both uncontrolled and controlled. sUAS remote pilots and recreational flyers are generally permitted access to uncontrolled airspace without special permission. However, this changes when access to controlled airspace is desired. All access to controlled airspace whether by manned or unmanned aircraft must be granted by ATC.
    • While the NAS is divided into controlled and uncontrolled airspace, users must remember that all airspace is regulated, and certain rules apply throughout the NAS.
    • Recreational flyers are limited to 400 feet AGL in Class G airspace, without special authorization.
  • Controlled airspace is a generic term that covers the different classification of airspace (Class A, Class B, Class C, Class D, and Class E airspace) and defined dimensions within which air traffic control services can be provided to Instrument Flight Rules (IFR) flights and to Visual Flight Rules (VFR) flights, in accordance with the airspace classification.
  • Special Use Airspace (SUA). SUA consists of that airspace wherein flight activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. These areas are generally depicted on aeronautical charts and will be indicated on the B4UFly and LAANC applications for UAS.
  • Temporary Flight Restrictions:
    • Temporary Flight Restrictions (TFRs) are non−permanent airspace restrictions created to protect persons and property in the air or on the surface from an existing or imminent hazard associated with an incident on the surface, when the presence of low flying aircraft would magnify, alter, spread, or compound that hazard (14 CFR Section 91.137(a)(1)). TFRs can exist to protect aircraft from hazards, and also to protect people/objects on the ground from aircraft hazards. Examples of TFRs include natural disaster areas especially forest fires, floods, congested flight areas, the area around spacecraft launches and recoveries, certain stadium sporting events, and the security of national public figures.
    • UAS operators should be aware that substantial fines and penalties can be levied on UAS remote pilots or recreational flyers violating a TFR.
  • Special Restrictions over Critical Infrastructure:
    • Operating a UAS over our nation's critical infrastructure such as power grids, nuclear reactors, transportation centers, political or military sites, etc., can potentially create risk to people on the ground and also to fixed site facilities and associated infrastructure. To address security concerns, Public Law 114−190 and 115−254 mandated a process that would allow applicants to petition the FAA for restrictions from unmanned aircraft overflying their property.
    • Special Security Instructions under 14 CFR Section 99.7 of the public laws allow the FAA to prohibit the operation of aircraft in certain airspace, in the interest of national security. The 14 CFR Section 99.7 interim solution prohibits UAS over approved fixed site facilities and limits the fixed site facilities to Federal owned sites UAS operations may be approved under the SGI process.
    • UAS remote pilots and recreational flyers must carefully consider the need to fly over critical infrastructure and determine the legality of doing so, infractions may result in significant fines and legal actions.
      • For a list of critical infrastructure sites, see https://www.cisa.gov/critical -infrastructure-sectors.
  • Special Flight Rules Area (SFRA). SFRAs are airspaces of defined dimensions, above land areas or territorial waters, within which the flight of aircraft is subject to special rules, established after the September 11, 2001, attacks. Examples include the Washington, DC, Los Angeles, and Hudson River SFRAs. All aircraft are highly regulated within SFRAs. The inner area of some SFRAs, the Flight Restricted Zone (FRZ) is very highly restricted and prohibits all but previously vetted aircrew and aircraft from entering. Refer to VFR Sectional Charts or the FAA's Restricted Airspace website for information on specific airspace limitations and instructions for requesting entry.
    • The FAA's Restricted Airspace website may be viewed at: https://www.faa.gov/newsroom/restricted-airspace-0.
  • There can be certain local restrictions to airspace. While the FAA is designated by federal law to be the regulator of the NAS, some state and local authorities may also restrict access to local airspace. UAS pilots should be aware of these local rules.
  • Other Restrictions & Provisions:
    • Flight over or near natural habitat or nature preserves. See paragraph 11−8−6, Environmental Best Practices, for a discussion of UAS flight restrictions over or near wildlife.
    • No Drone Zones is an FAA concept and outreach to promote safe and responsible use of UAS. The effort assists landowners (private and public) with designating their land off−limits for UAS take−offs and landings. The idea behind the outreach is to allow landowners who wish to avoid interactions on their property with UAS to state this preference in advance of UAS take−offs or landings. No Drone Zones do not apply to airspace. Generally speaking, for a No Drone Zone in a public place to be legally enforceable, there must exist underlying authority (ordinance, law, etc.). If the property in question is privately owned, the landowner's right to designate no UAS use is enforceable through trespass law.
    • Flight over or near people and manned aircraft. In general, UAS remote pilots and recreational flyers should avoid flying over or near people or manned aircraft operations, and in any manner that could be construed as reckless or dangerous. See paragraph 11−8−3, Precautions: Flight Over or Near People, Manned Aircraft, and Night Flight, for specific information on flight over or near people.
    • Correctional Institutions. Flight over some federal prisons is restricted under 14 CFR Section 99.7, Special Security Instructions. Flight near other correctional institutions may be prohibited by other federal, state or local statutes. Subparagraph 11−4−6e, Special Restrictions over Critical Infrastructure, contains additional information regarding restrictions over critical infrastructure.

Uas Airspace

Airspace Access for Public Aircraft Operations (PAOs)

  • General requirements for PAO status. Governmental entities, as defined by federal law 49 USC 40102(a)(41), Definitions, can fly as a public aircraft operation as long as the flight meets the definition of a governmental function 49 USC 40125, Qualifications for Public Aircraft Status. Public aircraft are aircraft owned and operated by the government of a state, the District of Columbia, or a territory or possession of the United States, or a political subdivision of one of these governments, except as provided in 49 USC 40125(b), Qualifications for Public Aircraft Status. Public aircraft can also be aircraft exclusively leased for at least 90 continuous days by the government of a state, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in 49 USC 40125(b), Qualifications for Public Aircraft Status
    • The term "government function" refers to one of several activities undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transportation of prisoners, detainees, and illegal aliens), aeronautical research, or biological or geopolitical resource management
    • An operation "for the public good" does not necessarily meet the qualifications for a public operation; for example, most volunteer fire departments in the United States will not qualify as PAOs
    • Public safety organizations often conduct operations under 14 CFR Part 107, as well as public aircraft operations
  • A PAO is conducted under certain 14 CFR Part 91, UAS Operations Rules, with a COA granted to allow access to the NAS. A PAO COA allows blanket UAS operations in Class G airspace throughout the entire continental United States, including operations at night with appropriate lighting and training, for the duration of the COA. Waivers and/or authorizations to the COA can permit operations beyond the basic COA. Operating as a PAO requires adherence to specific conditions as directed in the COA. Operations under the public aircraft statute cannot include purposes that are not governmental functions. For example, a police UAS flying without remuneration to obtain footage for a department promotional video would not be a governmental function

  • COA Application Process:

    • Public Declaration Letter (PDL). The first step in getting a PAO COA is to be recognized as an authorized government agency by submitting a PDL showing the organization is indeed a governmental entity as defined by federal law. FAA general counsel reviews this letter, which is usually issued by a city, county, or state attorney Federal agencies are deemed to be governmental entities without submitting a PDL
    • COA Request. If formally recognized as a governmental entity under federal law, entities are given access to the COA Application Process System (CAPS) or DroneZone, where a request for a PAO COA may be submitted. Operating as a PAO requires you to adhere to specific conditions as directed in your COA. Remember that an aircraft described in subparagraph (a), (b), (c), or (d) of 49 USC 40102(a)(41), Definitions, does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes (e.g., performing a non-governmental function)

Uas Airspace

Emergency UAS Authorizations Through Special Government Interest (SGI) Airspace Waivers

  • Public safety agencies use UAS to respond to emergencies.
    • The SGI process is for any Part 107 or Part 91 operator who, due to time limitations, airspace restrictions, or emergencies, requires expedited authorization by contacting the system operations support center (SOSC) at 9-ATOR-HQ-SOSC@faa.gov.
  • The SGI process, depending on the nature of the operation, can be completed in a matter of minutes. This process enables response to an emergency with UAS in an expeditious manner.
  • Public Safety organizations may apply for expedited airspace authorizations through the SGI process.
    • FAA Order JO 7210.3, Facility Operation and Administration, defines the SGI process.
  • Additional SGI authorization information is on the FAA's Emergency Situations webpage.

Uas Airspace

Conclusion

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Uas Airspace

References