FAR/AIM: Section 4. Airspace Access for UAS

REFERENCE-

AC 91-57, Exception for Limited Recreational Operations of Unmanned Aircraft.
49 USC 44809, Exception for Limited Recreational Operations of Unmanned Aircraft.
14 CFR Part 107, Small Unmanned Aircraft Systems.

1. Fixed sites are locations specifically authorized by the FAA, which are posted at the FAA's interactive map on the UAS Data Delivery System (UDDS). On the map, small blue circles depict the location of these sites in controlled airspace and the altitude limits imposed on those sites. The altitude restrictions are derived from the UASFM which form the basic structure of LAANC and its operating procedures. Recreational flyers can access site-specific information by clicking on the blue circle.

   NOTE-

   These sites have existing letters of agreement or authorization (LOA) with the FAA. For the CBO to operate in controlled airspace, an airspace authorization agreement between the CBO and the FAA must be in place. Certain sites may have access restrictions or other operating limitations, which are available from the site sponsor.

2. By request, through the LAANC Application. LAANC provides the recreational pilot with access, when permissible, to controlled airspace at or below posted UASFM altitudes in near-real time. LAANC also gives the recreational flyer the ability to stay notified of airspace restrictions and prohibitions. See paragraph 11-8-7 of this chapter for information on downloading the LAANC application.

1. CBO's requesting a sanctioned or sponsored event authorization within Class B, C, D, or within the lateral boundaries of the surface area of Class E airspace designated for an airport are obligated to make the location known to the FAA Administrator. Mutually agreed-upon operating procedures must be established with the event organizer. This is accomplished through a fixed site application in DroneZone.
2. CBO operations and events occurring at 400 feet AGL and below in Class G airspace do not require FAA review, approval or authorization. CBO's intending to conduct events in Class G airspace that may exceed 400 feet AGL must contact the FAA for further information.

NOTE-

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 safely be conducted under the terms of a certificate of waiver.

REFERENCE-

14 CFR Part 107, sUAS.
14 CFR Section 107.61, Eligibility.
14 CFR Section 107.31, Visual Line of Sight Aircraft Operation.

REFERENCE-

14 CFR Section 107.51, Operating Imitations for Small Unmanned Aircraft.

1. A waiver is an official document issued by the FAA which approves certain operations of UAS outside the limitations of a regulation. These waivers allow drone pilots to deviate from certain rules under 14 CFR Part 107 by demonstrating they can still fly safely using alternative methods or safety mitigations. 14 CFR Part 107 rules which can be waived are listed in 14 CFR Section 107.205, List of Regulations Subject to Waiver. Any subpart of 14 CFR Part 107 rule which is not specifically 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.
2. To request a 14 CFR Part 107 waiver, refer to the FAA's Part 107 Waiver website.

   NOTE-

   The FAA's Part 107 wavier website may be viewed at: https://www.faa.gov/uas/commercial_operators/part_107_waivers/.

   REFERENCE-

   14 CFR Section 107.205, List of Regulations Subject to Waiver.
   14 CFR Part 11, General Rulemaking Procedures.

NOTE-

1. 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.
2. 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.
3. Public safety organizations often conduct operations under 14 CFR Part 107, as well as public aircraft operations.

REFERENCE-

49 USC 40102, Definitions.
49 USC 40125, Qualifications for Pubic Aircraft Status.

1. 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 that shows 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.
2. 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).

   REFERENCE-

   AC 00-1.1, Public Aircraft Operations—Manned and Unmanned.
   49 USC 40102, Definitions.

1. Remote identification (RID) of UAS is crucial to UAS integration.
2. RID is the ability of a UAS in flight to provide identification and location information that can be received by other parties.
3. RID allows the FAA, national security agencies, law enforcement, and others to distinguish compliant airspace users from those potentially posing a safety or security risk. It helps these agencies find the control station when a UAS appears to be flying unsafely or where it is prohibited.

1. 14 CFR Part 89, Remote Identification (RID) of Unmanned Aircraft, will require most drones operating in U.S. airspace to have RID capability. UAS not equipped with RID capability will be limited to operating in specific FAA-approved geographic locations, such as FRIA.

   REFERENCE-

   14 CFR Part 89, Remote Identification of Unmanned Aircraft.

2. There are three ways drone pilots will be able to meet the identification requirements of the RID rule: Standard RID, RID Broadcast Module, and FRIAs.
   1. Standard RID. Only standard RID drones may be manufactured after the September 16, 2022, rule effective date. Unmanned aircraft broadcast the RID message elements directly from the unmanned aircraft from takeoff to shutdown. Message elements include: (1) A unique identifier to establish the identity of the unmanned aircraft; (2) an indication of the unmanned aircraft latitude, longitude, geometric altitude, and velocity; (3) an indication of the control station latitude, longitude, and geometric altitude; (4) a time mark; and (5) an emergency status indication. Operators may choose whether to use the serial number of the unmanned aircraft or a session ID (e.g., an alternative form of identification that provides additional privacy to the operator) as the unique identifier.
   2. RID Broadcast Modules. An unmanned aircraft can be equipped with a Remote ID broadcast module that broadcasts message elements from takeoff to shutdown. Message elements include: (1) The serial number of the broadcast module assigned by the producer; (2) an indication of the latitude, longitude, geometric altitude, and velocity of the unmanned aircraft; (3) an indication of the latitude, longitude, and geometric altitude of the unmanned aircraft takeoff location; and (4) a time mark.
   3. FAA-Recognized Identification Area:
      1. An FAA-recognized identification area (FRIA) is a defined geographic area where persons can operate UAS without remote identification, provided they maintain visual line of sight. Organizations eligible to request establishment of a FRIA include CBOs recognized by the FAA and educational institutions. The latter group includes primary and secondary educational institutions, trade schools, colleges, and universities.
      2. To operate in a FRIA according to the 14 CFR Part 89, RID of unmanned aircraft, operators must be physically located within the boundaries of the FRIA, must only operate drones within those boundaries, and must operate within VLOS at all times. UAS equipped with RID broadcast capability must broadcast continuously even while operating within or transiting a FRIA.

         REFERENCE-

         14 CFR Part 89, Remote Identification of Unmanned Aircraft.

      3. FIG 11-4-1 illustrates the three ways UAS operators can comply with the new RID rule.

         FIG 11-4-1
         RID Paths to Compliance

         

1. 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.

   REFERENCE-

   14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft.
   14 CFR Part 107, Small Unmanned Aircraft Systems.
   14 CFR Part 11, General Rulemaking Procedures.
   FAA Order JO 7210.3, Chapter 5, Section 5, 14 CFR Part 91, UAS Operations.

2. 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).

   NOTE-

   Examples of such regulations include requirements for the provision of seat belts for aircrew and passengers, on-board carriage of an aircraft manual, etc.

   1. Application for a 14 CFR Part 135 certificate. 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.

      NOTE-

      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/.

   2. Advisory Circular 120-49A, Parts 121 and 135 Certification is available to aid an applicant in Part 135 certification.

      REFERENCE-

      AC 120-49, Parts 121 and 135 Certification.

   3. Exemptions and COAs. Additional information on how to petition for an exemption and obtain a COA is available on the FAA Advanced Operations website.

      NOTE-

      The FAA's Advanced Operations website may be reviewed at: https://www.faa.gov/uas/advanced_operations/.

1. 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.

   REFERENCE-

   14 CFR Part 137, Agricultural Aircraft Operations.
   14 CFR Part 11, General Rulemaking Procedures.
   14 CFR Part 107, Small Unmanned Aircraft Systems.
   FAA Order JO 7210.3, Chapter 5, Section 5, 14 CFR Part 91, UAS Operations.

2. 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.
   1. Obtaining an exemption for 14 CFR Part 137 operations. For additional information on how to petition for an exemption and obtain a COA, go to the FAA's Advanced Operations website.

      NOTE-

      The FAA's Advanced Operations website may be viewed at: https://www.faa.gov/uas/advanced_operations/.

   2. 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.

      REFERENCE-

      AC 137-1, Certification Process for Agricultural Aircraft Operators.

1. 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.

   NOTE-

   The FAA's What are Dangerous Goods website may be viewed at: https://www.faa.gov/hazmat/what_is_hazmat/.

2. 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.

   NOTE-

   The FAA's Unmanned Aircraft System (UAS) website may be viewed at:
   https://www.faa.gov/hazmat/air_carriers/operations/drones/.

   REFERENCE-

   14 CFR Part 107, Small Unmanned Aircraft Systems.
   14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft.

NOTE-

1. 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.
2. Recreational flyers are limited to 400 feet AGL in Class G airspace, without special authorization.

1. 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.
2. UAS operators should be aware that substantial fines and penalties can be levied on UAS remote pilots or recreational flyers violating a TFR.

1. 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.
2. 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.
3. 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.

   NOTE-

   For a list of critical infrastructure sites, see https://www.cisa.gov/critical-infrastructure-sectors.

   REFERENCE-

   Public Law 114-190, FAA Extension, Safety, and Security Act of 2016.
   Public Law 115-254, FAA Reauthorization Act of 2018.
   14 CFR Section 99.7, Special Security Instructions.

NOTE-

The FAA's Restricted Airspace website may be viewed at: https://www.faa.gov/newsroom/restricted-airspace-0.

1. 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.
2. 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.
3. 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.
4. 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.

   REFERENCE-

   14 CFR Section 99.7, Special Security Instructions.

FIG 11-4-2
UTM Operations in Context of Airspace Classes

1. FAA, the federal authority over aircraft operations in all airspace, and the regulator and oversight authority for civil aircraft operations in the NAS.
2. Operator, the person or entity responsible for the overall management of their operation. The operator meets regulatory responsibilities, plans flight/operations, shares operation intent information, and safely conducts operations using all available information.
3. Remote pilot-in-command (RPIC), the person responsible for the safe conduct of each UAS flight. An individual may serve as both the operator and the RPIC.
4. Other stakeholders (e.g., public safety and general public), can access information and/or utilize UTM services via the USS Network.