GPS World

Tag: Certificate of Waiver

  • FAA clarifies changes before small drone rule takes effect

    The Federal Aviation Administration’s (FAA) new small drone rule — formally known as Part 107 — is effective on Monday, Aug. 29. The FAA has released information to help drone users understand the new requirements.

    Below is information on Part 107’s effect on Section 333 waivers, along with how to obtain a Part 107 waiver.

    Section 333 vs. Part 107: What works for you?

    The biggest question is whether you are better off flying under the provisions of Part 107, or should continue using your existing exemption? The video below explains what happens to your Section 333 exemption grant or petition for exemption.

    Your exemption is valid until it expires — usually two years after it was issued. Even after Part 107 becomes effective, you may choose to fly following the conditions and limitations in your exemption.

    However, if you want to operate under the new Part 107 regulations, you’ll have to obtain a remote pilot certificate and follow all of the rule’s operating provisions. You must apply for a waiver if some parts of your operation don’t meet the rule’s requirements.

    If you already have a Certificate of Waiver or Authorization (COA) under your Section 333 exemption, you can continue to fly under the COA limitations until it expires. If you don’t already have a COA, you probably won’t need one when the new drone rules go into effect.

    However, if you want to fly in controlled airspace, you will need permission from FAA air traffic control. Details about obtaining that permission will be online at www.faa.gov/uas when the small drone rule is effective on Aug. 29.

    If you applied for a Section 333 exemption but haven’t received it yet, you should have received a letter from the FAA with specific information about the status of your petition. Generally, if your petition is pending and falls within the provisions of the rule, you should follow the steps outlined in the rule.

    Whether you choose to fly under your exemption or under the new small drone rule is your choice, depending on how you want to operate your aircraft. You’ll have to compare the conditions and limitations in your exemption to the operating requirements in the rule to determine which one best addresses your needs.

    Applying for a waiver under the new drone rules

    Part 107 allows for some expanded operations based on technology mitigations if you can make the safety case for a waiver of some provisions. Operators can apply for waivers to operate at night, beyond line of sight, above 400 feet and other specific types of operation.

    Here’s what you need to know about the waiver process:

    • Under Part 107, you may request a waiver of certain provisions starting Aug. 29 if your operations don’t quite fit under the rule’s provisions. On Aug. 29, the FAA will have an online portal you can use to request waivers of applicable Part 107 regulations at www.faa.gov/uas.
    • The FAA won’t grant waivers automatically, and processing your waiver request may take time. The exact length of time will depend on the volume of requests the agency receives and the complexity of the waiver application. You should submit your waiver requests to the FAA as early as possible, at least 90 days before you plan to fly.
    • If you have a Section 333 exemption grant, and we previously said you could operate under Part 107 with a waiver, you will receive a letter notifying you that we have granted you a 0waiver or that we need additional information for you to make your safety case. (See above section.)

    Information on the regulations potentially eligible for a waiver is here. Below is a short video on the waiver process.

     

  • FAA makes progress accommodating commercial UAS operations

    The sensefly eXom UAV in flight.
    The sensefly eXom UAV in flight.

    The Federal Aviation Administration (FAA) took a major step forward in expanding commercial UAS/UAV operations in the U.S. airspace. It’s chief said April 19 that the FAA is preparing to take another major step forward in further opening up commercial UAS/UAV operations by eliminating the need for a 333 Exemption for operating small UAS/UAV.

    On March 29, the FAA announced it was doubling the altitude for blanket nationwide CoAs (Certificates of Waiver or Authorization) to 400 feet above ground level (AGL). The FAA has typically issued a blanket nationwide CoA with each 333 Exemption it has granted.

    Before the announcement, the maximum altitude allowed for commercial operations under the blanket CoA was 200 feet AGL. Now, it is 400 feet AGL. At the stroke of a pen, the 3,000+ 333 Exemption holders with blanket CoAs are now authorized to fly to 400 feet. This is significant because UAS operators can now fly higher and cover more area more efficiently, and still meet the precision and accuracy requirements of most clients.

    Another announcement, perhaps even more important, was made by FAA Administrator Michael Huerta, who spoke at the 2016 FAA UAS Symposium held April 19-20 in Daytona Beach, Florida. Huerta announced that the FAA is close to finalizing the FAA rules for small UAS.

    “In late spring we plan to finalize our small UAS rule to eliminate the need for most 333 exemptions,” Huerta said. He was referring to the Small UAS Notice of Proposed Rulemaking (NPRM) that was announced Feb. 15, 2015, and opened for public comment through April 24, 2015. There were 4,650 public comments made. You can read the comments about the proposed rule here.

    The proposed small UAS rule differs significantly from the current FAA requirements for operating UAS in the United States for commercial purposes. One of the major differences is that there will be a “UAS operator’s certificate” created so that commercial UAS pilots will no longer be required to have a FAA Pilot Certificate. Currently, the FAA requires commercial UAS pilots to have at least an FAA Sport Pilot certificate, which requires a substantial investment in money and time to achieve.

    To summarize, the general proposed small UAS rules are:

    UAS pilot

    • Must be at least 17 years old.
    • Must pass an aeronautical test at FAA-approved testing center, and renewed every 24 months.
    • Must be vetted by the Transportation Security Administration (TSA).
    • Must obtain an unmanned aircraft operator certificate with a small UAS rating

    UAS operation

    • UASmust weigh less than 55 pounds.
    • Pilot in Command or Visual Observer must maintain visual line of sight (VLOS).
    • Can’t operate over people who are not part of the UAS operation.
    • Daylight operations only.
    • Yield to manned aircraft.
    • May use Visual Observer (VO), but not required.
    • First-person view camera cannot satisfy “see-and-avoid” requirement but can be used as long as requirement is satisfied in other ways.
    • Maximum airspeed of 100 mph.
    • Maximum altitude of 500 feet AGL (above ground level).
    • Minimum weather visibility of 3 miles from control station.
    • Can’t operate more than one UAS at a time.
    • No careless or reckless operations.
    • Operations in Class B, C, D and E airspace are allowed with the required ATC permission.
    • Operations in Class G airspace are allowed without ATC permission.

    With these rules, neither a 333 Exemption nor a CoA is required, which would significantly ease the requirements for a surveying or geospatial company to begin offering UAS services.

    Phantom-4-Action-4-O
    The DJI Phantom 4 UAV.

    In addition, the small UAS rule includes a framework to adapt future rules such as Micro UAS (0.55 pounds and under) rules that are being actively discussed within the FAA as well as a discussion about commercial operation of UAS over people.

    In the meantime, consumer UAS are becoming more powerful with each new product introduction. DJI, the world’s largest UAS manufacturer (by far) introduced the Phantom 4. It’s a huge step forward due to one new feature: automatic collision avoidance. This feature will help operators avoid trees, buildings and potentially other UAS. I’m pretty sure this feature will eventually be included in all commercial UAS.

    Intel CEO Brian Krzanich demonstrated the broad capabilities UAV technology during his keynote presentation at the 2016 Consumer Electronics Show Jan. 5, in Las Vegas. Krzanich showcased the Yuneec Typhoon H with Intel RealSense Technology. (Photo: Intel)
    Intel CEO Brian Krzanich gives his keynote presentation at the 2016 Consumer Electronics Show Jan. 5, in Las Vegas, where he also announced the acquisition of Ascending Technologies for drone collision avoidance. (Photo: Intel)

    Automatic collision avoidance is such a hot subject that in January, Intel acquired Ascending Technologies, a UAS manufacturer that has incorporated automatic sense and avoid technology in their UAS. According to the announcement, Intel sees “incredible opportunity for innovation across a multitude of industries. As a result, Intel is positioning itself at the forefront of this opportunity to increasingly integrate the computing, communications, sensor and cloud technology required to make drones smarter and more connected.”

    Thanks, and see you next month.

    Follow me on Twitter at GPSGIS_Eric

  • Ohio/Indiana UAS Center Receives Another FAA Approval

    The Unmanned Aircraft Systems (UAS) Center has teamed up with the University of Cincinnati to conduct research and development on systems necessary to execute precision flight control algorithms for small UAS. Outcomes from this research are targeted to help emergency responders but may also be leveraged for other industrial purposes. The small UAS leased by the UAS Center is a rotocopter that weighs 15 pounds and has a payload capacity of 10 pounds.

    The FAA granted a two-year Certificate of Waiver or Authorization to the Ohio/Indiana UAS Center and Test Complex. Testing of the aircraft will take place at Wilmington Air Park in Wilmington, Ohio.

    “We will continue to support safe and cost effective research and development efforts across the state in partnership with the FAA, providing the foundation for this rapidly emerging industry,” said Ryan Smith, UAS director for the State of Ohio.

    Once this technology is developed, the University of Cincinnati plans on transitioning it to industry. “The type of research being conducted right here in Ohio is what will help the UAS industry grow. Interested Ohio businesses can leverage this technology for commercial purposes,” Smith said.

    The Association of Unmanned Vehicles Systems International (AUVSI) estimates the UAS market in Ohio is projected to be a 2 billion dollar industry with a potential to create 2,500 jobs over the next 10 years.

  • FAA Streamlines Waivers for UAS Exemption Holders

    The Federal Aviation Administration has established an interim policy to speed up airspace authorizations for certain commercial unmanned aircraft operators who obtain Section 333 exemptions. The new policy helps bridge the gap between the past process, which evaluated every UAS operation individually, and future operations after the FAA publishes a final version of the proposed small UAS rule.

    Under the new policy, the FAA will grant a Certificate of Waiver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or heliports:

    • 5 nautical miles (NM) from an airport having an operational control tower; or
    • 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or
    • 2 NM from an airport without a published instrument flight procedure or an operational tower; or
    • 2  NM from a heliport with a published instrument flight procedure

    The blanket 200-foot COA allows flights anywhere in the country except restricted airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Previously, an operator had to apply for and receive a COA for a particular block of airspace, a process that can take 60 days. The agency expects the new policy will allow companies and individuals who want to use UAS within these limitations to start flying much more quickly than before.

    Section 333 exemption holders will automatically receive a blanket 200-foot COA. For new exemption holders, the FAA will issue a COA at the time the exemption is approved. Anyone who wants to fly outside the blanket parameters must obtain a separate COA specific to the airspace required for that operation.

    More information on the UAS exemption process is available on the FAA’s UAS page.