ENR 8.4 Airspace Access for UAS
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Recreational Flyers
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Advisory Circular 91-57, Exception for Limited Recreational Operations of Unmanned Aircraft, provides guidance for recreational flyers. Failure of a recreational flyer to adhere to any of the requirements for recreational status under 14 USC 44809 will result in the flight being considered 14 CFR Part 107 by the FAA, which may result in greater penalties if the operator is found operating in an unsafe manner. Recreational flyers may only operate under the statutory exception if they adhere to all of the conditions listed in the statute.
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. - Operations in Class G airspace. Flights in Class G airspace will be the most common environment for many recreational flyers. The upper limit of recreational UAS operations in Class G airspace is 400 feet AGL. When operating in Class G airspace, the recreational flyer must follow the set of safety guidelines outlined and developed by a recognized Community Based Organization (CBO).
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Operations in controlled airspace or uncontrolled airspace above 400 feet AGL. If a recreational flyer desires to operate in class B, C, or D airspace, or within the lateral boundaries of the surface area of class E airspace designated for an airport, or in class G airspace above 400 feet, the operator must obtain prior authorization from the Administrator or designee before operating. For the recreational flyer wishing to enter controlled airspace, there are two basic routes:
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Fixed sites are flying sites specifically authorized by the FAA, and 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.
- 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 ENR 8.8, paragraph 7., of this chapter for information on downloading the LAANC application.
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Fixed sites are flying sites specifically authorized by the FAA, and 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.
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CBO Sanctioned Events. Sanctioned events, also called sponsored events are generally of short duration and take place at an existing fixed site or temporary fixed site established specifically for the event.
- 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.
- 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.
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Advisory Circular 91-57, Exception for Limited Recreational Operations of Unmanned Aircraft, provides guidance for recreational flyers. Failure of a recreational flyer to adhere to any of the requirements for recreational status under 14 USC 44809 will result in the flight being considered 14 CFR Part 107 by the FAA, which may result in greater penalties if the operator is found operating in an unsafe manner. Recreational flyers may only operate under the statutory exception if they adhere to all of the conditions listed in the statute.
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14 CFR Part 107 and Waivers to 14 CFR Part 107
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14 CFR Part 107 was the first 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 in excess of 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 listed in 14 CFR Section 107.61, Eligibility.
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. -
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 Section 107.51, Operating Limitations for sUAS.
REFERENCE-
14 CFR Section 107.51, Operating Imitations for Small Unmanned Aircraft.
- Operations in controlled airspace through LAANC. LAANC gives the remote pilot the ability to obtain near real-time airspace authorization within UASFM altitudes and stay notified of airspace restrictions and prohibitions. See ENR 8.8, paragraph 7., Resources for UAS Operators, for information on downloading LAANC.
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Waivers to 14 CFR Part 107:
- 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 UAS 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 ENR 8.3, paragraph 2, Exemptions Under 49 USC 44807: Special Authority for Certain Unmanned Systems, for guidance on requesting exemptions.
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To request a 14 CFR Part 107 waiver, refer to the FAA's Part 107 Waiver website.
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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 11, General Rulemaking Procedures.
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14 CFR Part 107 was the first 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 in excess of 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 listed in 14 CFR Section 107.61, Eligibility.
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Airspace Access for Public Aircraft Operations (PAOs)
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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 an 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.
NOTE-
- 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 criteria 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.
REFERENCE-
49 USC 40102, Definitions.
49 USC 40125, Qualifications for Pubic Aircraft Status. - 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.
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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 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.
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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.
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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 an 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.
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14 CFR Part 89 Remote Identification and FAA-Recognized Identification Areas (FRIAs)
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Background:
- Remote identification (RID) of UAS is crucial to UAS integration.
- RID is the ability of a UAS in flight to provide identification and location information that can be received by other parties.
- 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.
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Remote ID Rule:
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14 CFR Part 89, Remote Identification (RID) of Unmanned Aircraft, will require most UAS 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.
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There are three ways UAS pilots will be able to meet the identification requirements of the RID rule: Standard RID, RID Broadcast Module, and FRIAs.
- Standard RID. Only standard RID UAS 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 shut down. 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.
- RID Broadcast Modules. A UAS can be equipped with a RID 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.
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FAA-Recognized Identification Area:
- 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.
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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 visual line of site (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.
- FIG ENR 8.4-1 illustrates the three ways UAS operators can comply with the new RID Rule.
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14 CFR Part 89, Remote Identification (RID) of Unmanned Aircraft, will require most UAS 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.
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Background:
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Airspace Access for 14 CFR Part 135 and 14 CFR Part 137
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14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft:
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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. -
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 that provide a level of safety at least equal to 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).
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Examples of such regulations include requirements for the provision of seat belts for aircrew and passengers, on-board carriage of an aircraft manual, etc.
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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.
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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/.
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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.
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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/.
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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.
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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.
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14 CFR Part 137, Agricultural Aircraft Operations:
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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 or more MGOW 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. -
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.
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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/.
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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 Operation.
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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.
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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 or more MGOW may conduct agricultural aircraft operations under 14 CFR Parts 91, UAS operations, and 14 CFR Part 137.
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Hazardous Materials (HAZMAT):
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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. See definition of HAZMAT in the Pilot/Controller Glossary. For example, lithium batteries, dry ice, and aerosol whipped cream are considered dangerous goods. These products may seem harmless, however, 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/.
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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 ENR 8.4, subparagraph 5.1, 14 CFR Part 135, Operating Requirements. A brief description of applicable regulations as they apply to UAS is 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.
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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. See definition of HAZMAT in the Pilot/Controller Glossary. For example, lithium batteries, dry ice, and aerosol whipped cream are considered dangerous goods. These products may seem harmless, however, 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.
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14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft:
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Airspace Restrictions to Flight
- 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. All access to controlled airspace whether by manned or unmanned aircraft must be granted by ATC.
- 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 where flight activities must be confined because of their nature, or where 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.
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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 and 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.
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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 Part 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 Part 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.
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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.
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Special Flight Rules Area (SFRA). SFRAs are airspaces of defined dimensions, above land areas or territorial waters, wherein the flight of aircraft is subject to special rules, as 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.
NOTE-
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 airspaces. 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.
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Other Restrictions & Provisions:
- Flight over or near natural habitat or nature preserves. See ENR 8.8, paragraph 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 ENR 8.8, paragraph 3., Precautions: Flight Over or Near People, Manned Aircraft, and Night Operations, for specific information on flight over or near people.
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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. ENR 8.4, subparagraph 6.5, Special Restrictions over Critical Infrastructure, contains additional information regarding restrictions over critical infrastructure.
REFERENCE-
14 CFR Section 99.7, Special Security Instructions.
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UAS Traffic Management (UTM)
- UTM Operations. UTM is predicated on layers of information sharing and data exchange amongst a range of stakeholders including UAS operators, service providers, and the FAA to achieve safe operations. Operators share their flight intent with each other and coordinate to de-conflict and safely separate trajectories. The primary means of communication and coordination between operators, the FAA, and other stakeholders is through a distributed information network, rather than between pilots and air traffic controllers via traditional voice communications. The FAA makes real-time airspace constraints available to UAS operators, who are responsible for managing their own operations safely within these constraints without receiving ATC services from the FAA. However, the FAA does have access to applicable UTM operational information as necessary.
- UAS operators not receiving ATC separation services are required to participate in UTM at some level using applicable services to meet the performance requirements of their operations. See FIG ENR 8.4-2 for UTM in the context of Air Traffic Management operations. The number and type of services required varies based on the type and location of the intended operation and the associated communication, navigation, surveillance (CNS), and other operational needs.
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Stakeholders in UTM:
- FAA, the federal authority over aircraft operations in all airspace, and the regulator and oversight authority for civil aircraft operations in the NAS.
- 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.
- 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.
- Other stakeholders (e.g., public safety and general public), can access information and/or utilize UTM services via the USS Network.