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Unmanned Aircraft Operations
in the National Airspace System
4910-13]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
Docket No. FAA-2006-25714
Unmanned Aircraft Operations in the National Airspace System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of policy; opportunity for feedback.
SUMMARY: This notice clarifies the FAA’s current policy concerning operations of
unmanned aircraft in the National Airspace System.
FOR FURTHER INFORMATION CONTACT: Kenneth D. Davis, Manager, Unmanned
Aircraft Program Office, Aircraft Certification Service, Federal Aviation
Administration,
800 Independence Avenue, SW., Washington, DC 20591, (202) 385-4636, email:
kenneth.d.davis@faa.gov.
Background
Simply stated, an unmanned aircraft is a device that is used, or is intended to
be
used, for flight in the air with no onboard pilot. These devices may be as
simple as a
remotely controlled model aircraft used for recreational purposes or as complex
as
surveillance aircraft flying over hostile areas in warfare. They may be
controlled either
manually or through an autopilot using a data link to connect the pilot to their
aircraft.
They may perform a variety of public services: surveillance, collection
of air samples to determine levels of pollution, or rescue and recovery missions
in crisis situations. They range in size from wingspans of six inches to 246
feet; and can weigh from approximately four ounces to over 25,600 pounds. The
one thing they have in common is that their numbers and uses are growing
dramatically. In the United States alone, approximately 50 companies,
universities, and government organizations are developing and producing some 155
unmanned aircraft designs. Regulatory standards need to be developed to enable
current technology for unmanned aircraft to comply with Title 14 Code of Federal
Regulations (CFR).
The Federal Aviation Administration’s current policy is based on whether the
unmanned aircraft is used as a public aircraft, civil aircraft or as a model
aircraft.
Unmanned Aircraft Systems Operating as Public Aircraft
The most common public use of unmanned aircraft today in the United States is
by
the Department of Defense. U.S. operations in Iraq, Afghanistan and elsewhere
have
fueled a huge increase in unmanned aircraft demand. In Iraq alone, more than 700
unmanned aircraft are in use for surveillance and weapons delivery.
Other agencies have also found public uses for unmanned aircraft. For
example, the
Customs and Border Protection uses them to patrol along the US/Mexican border.
In the
future, unmanned aircraft could be used to provide first responder reports of
damage due
to weather or other catastrophic causes.
In response to this growing demand for public use unmanned aircraft
operations, the
FAA developed guidance in a Memorandum titled “Unmanned Aircraft Systems
Operations
in the U.S. National Airspace System – Interim Operational Approval Guidance” (UAS
Policy 05-01). In this document, the FAA set out guidance for public use of
unmanned
aircraft by defining a process for evaluating applications for Certificate(s) of
Waiver or
Authorization (COA’s) for unmanned aircraft to operate in the National Airspace
System.
The concern was not only that unmanned aircraft operations might interfere
with
commercial and general aviation aircraft operations, but that they could also
pose a safety
problem for other airborne vehicles, and persons or property on the ground. The
FAA
guidance supports unmanned aircraft flight activity that can be conducted at an
acceptable
level of safety. In order to ensure this level of safety, the operator is
required to establish
the Unmanned Aircraft System’s (UAS) airworthiness either from FAA
certification, a DOD
airworthiness statement, or by other approved means. Applicants also have to
demonstrate that a collision with another aircraft or other airspace user is
extremely
improbable as well as complying with appropriate cloud and terrain clearances as
required.
Key to the concept are the roles of pilot-in-command (PIC) and observer. The
PIC concept
is essential to the safe operation of manned aircraft. The FAA’s UAS guidance
applies this
PIC concept to unmanned aircraft and includes minimum qualifications and
currency
requirements. The PIC is simply the person in control of, and responsible for,
the UAS.
The role of the observer is to observe the activity of the unmanned aircraft
and
surrounding airspace, either through line-of-sight on the ground or in the air
by means of
a chase aircraft. In general, this means the pilot or observer must be, in most
cases,
within 1 mile laterally and 3,000 feet vertically of the unmanned aircraft.
Direct
communication between the PIC and the observer must be maintained at all times.
Unmanned aircraft flight above 18,000 feet must be conducted under Instrument
Flight
Rules, on an IFR flight plan, must obtain ATC clearance, be equipped with at
least a Mode
C transponder (preferably Mode S), operating navigation lights and / or
collision avoidance
lights and maintain communication between the PIC and Air Traffic Control (ATC).
Unmanned aircraft flights below 18,000 feet have similar requirements, except
that if
operators choose to operate on other than an IFR flight plan, they may be
required to
pre-coordinate with ATC.
The FAA has issued more than 50 COA’s over the past 2 years and anticipates
issuing a record number of COA’s this year.
For more information, Memorandum on UAS Policy (05-01) and other policy
guidance is available at the FAA Website:
http://www.faa.gov/uas. Unmanned Aircraft
Systems Operating as Civil Aircraft
Just as unmanned aircraft have a variety of uses in the public sector, their
application
in commercial or civil use is equally diverse. This is a quickly growing and
important
industry. Under FAA policy, operators who wish to fly an unmanned aircraft for
civil use
must obtain an FAA airworthiness certificate the same as any other type
aircraft. The FAA
is currently only issuing special airworthiness certificates in the experimental
category.
Experimental certificates are issued with accompanying operational limitations
(14 CFR §
91.319) that are appropriate to the applicant’s operation. The FAA has issued
five
experimental certificates for unmanned aircraft systems for the purposes of
research and
development, marketing surveys, or crew training. UAS issued experimental
certificates
may not be used for compensation or hire.
The applicable regulations for an experimental certificate are found in 14
CFR
§§21.191, 21.193, and 21.195. In general, the applicant must state the intended
use for
the UAS and provide sufficient information to satisfy the FAA that the aircraft
can be
operated safely. The time or number of flights must be specified along with a
description
of the areas over which the aircraft would operate. The application must also
include
drawings or detailed photographs of the aircraft. An on-site review of the
system and
demonstration of the area of operation may be required. Additional information
on how
to apply for an experimental airworthiness certificate is available from Richard
Posey,
AIR-200, (202) 2679538; email:
richard.posey@faa.gov. Recreational/Sport Use of Model
Airplanes
In 1981, in recognition of the safety issues raised by the operation of model
aircraft,
the FAA published Advisory Circular (AC) 91-57, Model Aircraft Operating
Standards for
the purpose of providing guidance to persons interested in flying model aircraft
as a hobby
or for recreational use. This guidance encourages good judgment on the part of
operators
so that persons on the ground or other aircraft in flight will not be
endangered. The AC
contains among other things, guidance for site selection. Users are advised to
avoid noise
sensitive areas such as parks, schools, hospitals, and churches. Hobbyists are
advised not
to fly in the vicinity of spectators until they are confident that the model
aircraft has been
flight tested and proven airworthy. Model aircraft should be flown below 400
feet above
the surface to avoid other aircraft in flight. The FAA expects that hobbyists
will operate
these recreational model aircraft within visual line-of-sight. While the AC
91-57 was
developed for model aircraft, some operators have used the AC as the basis for
commercial flight operations.
Policy Statement
The current FAA policy for UAS operations is that no person may operate a UAS in
the National Airspace System without specific authority. For UAS operating as
public
aircraft the authority is the COA, for UAS operating as civil aircraft the
authority is special
airworthiness certificates, and for model aircraft the authority is AC 91-57.
The FAA recognizes that people and companies other than modelers might be flying
UAS with the mistaken understanding that they are legally operating under the
authority
of AC 91-57. AC 91-57 only applies to modelers, and thus specifically excludes
its use by
persons or companies for business purposes.
The FAA has undertaken a safety review that will examine the feasibility of
creating
a different category of unmanned “vehicles” that may be defined by the
operator’s visual
line of sight and are also small and slow enough to adequately mitigate hazards
to other
aircraft and persons on the ground. The end product of this analysis may be a
new flight
authorization instrument similar to AC 91-57, but focused on operations which do
not
qualify as sport and recreation, but also may not require a certificate of
airworthiness.
They will, however, require compliance with applicable FAA regulations and
guidance
developed for this category.
Feedback regarding current FAA policy for Unmanned Aircraft Systems can be
submitted at www.faa.gov/uas. (Scroll
down to the bottom of the page and find Contact
UAPO. Click into this link.)
Issued in Washington, DC on February 6, 2007
/s/ Nick Sabatini
Nicholas Sabatini
Associate Administrator for Aviation Safety
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