The “summary grant” process the Federal Aviation Administration (FAA) used last week to issue 30 Section 333 unmanned aircraft systems (UAS) exemptions is an example of how the agency is using a flexible regulatory approach to accommodate this rapidly evolving technology, according to a news statement from the FAA.
The new approach will speed up Section 333 exemption approvals for many commercial UAS operators, the FAA said. Section 333 is the part of the 2012 FAA reauthorization law that lets the Secretary of Transportation determine if certain low-risk UAS operations can be authorized before finalizing the small UAS proposed rule published in February.
Although the FAA still reviews each Section 333 petition individually, the agency can issue a summary grant when it finds it has already granted a previous exemption similar to the new request. Summary grants are far more efficient because the FAA doesn’t need to repeat the analysis performed for the original exemption on which they are based. Summary grants are a tool the FAA can use in all exemption areas, not just UAS.
The FAA’s experience in reviewing the Section 333 petitions shows they generally fall into two categories: film/television production and aerial data collection. Most exemptions in these categories will likely be handled through the summary grant process. For unique requests, the agency will still publish the petition in the Federal Register for public comment and will conduct a detailed analysis.
The FAA also made two other changes to the Section 333 exemption process last week:
The agency now allows operations under these exemptions by people who hold a recreational or sport pilot certificate. Previously, Section 333 operators were required to have at least a private pilot certificate. The newly added certificates are easier to obtain, and therefore less costly, than a private pilot certificate.
A third-class medical certificate is no longer required. Now, a Section 333 operator only needs a valid driver’s license to satisfy the medical requirement. This change is consistent with the agency’s approach for sport pilot certificate holders, who may fly light sport aircraft with a driver’s license and no FAA medical certificate.
Brian Wynne, president and CEO of the Association for Unmanned Vehicle Systems International (AUVSI), applauded the change. “For months, AUVSI has advocated for a more streamlined process for Section 333 exemptions that will help more industries realize the benefits of UAS technology,” Wynne said. ” The FAA’s new summary grant process is a step in the right direction that cuts through the red tape while making it easier for operators to fly UAS. We applaud the agency for lifting unnecessary restrictions and enabling more commercial uses of the technology in a safe and responsible manner.”
The Federal Aviation Administration has approved 30 more commercial unmanned aircraft systems exemptions, bringing the total number of approved operations to 99, reports AUVSI News. AUVSI is the Association for Unmanned Vehicle Systems International.
Among those receiving exemptions are the insurance companies USAA and AIG. USAA said in a press release that the exemption “could help speed review of insurance claims from its members following natural disasters.” USAA plans to fly the PrecisionHawk drone.
USAA also filed for an additional FAA exemption in November that will enhance USAA’s ability to use drones in catastrophes. That exemption petition is pending approval, and a decision is expected soon.
Other companies receiving exemptions include senseFly for precision agriculture, and AeroVironment for agriculture, aerial survey and patrol applications.
Jim Williams, manager for the Federal Aviation Administration’s Unmanned Aircraft Systems (UAS) office, will be the keynote speaker at the MAPPS National Surveying, Mapping and Geospatial Conference, scheduled for April 13-16 in Crystal City (Arlington),Va.
Williams will speak at a luncheon on April 14. He’ll address the recently published notice of proposed rulemaking issued by his office in FAA, including regulations and policies that will affect surveying and mapping firms that want to fly unmanned aerial vehicles (UAV) and UAS in the commercial market.
“MAPPS has worked with Mr. Williams and his staff for several years to assure that business and societal benefits of using UAV/UAS for aerial surveying, mapping and imagery are recognized and empowered in FAA policy,” said John Palatiello, MAPPS executive director. “UAV/UAS technology is the future of the mapping, surveying and geospatial profession. It is imperative that geospatial firms have the ability to operate UAV/UAS. Mr. Williams understands this, and his office’s policies have reflected his understanding of our community as an important stakeholder.”
“We’re honored to have Mr. Williams join us at the conference. We look forward to hearing how he sees the future of UAV/UAS and how it will effect the business and professional practice of surveying and mapping,” said Curtis Sumner, National Society of Professional Surveyors (NSPS) executive director. “His addition to the conference strengthens an already outstanding program.”
Full registration for the conference is required for admission to the keynote luncheon.
Global Aerospace has made available a standard operating procedure (SOP) manual for small unmanned aircraft system (UAS) operations through its partnership with the Unmanned Safety Institute (USI). Global Aerospace will be exhibiting at booth 745 at the AUVSI’s Unmanned Systems 2015, held May 4-7 in Atlanta.
The “Visual Line of Sight SOP” outlines general operating procedures for UAS and will be made available to qualified Global Aerospace customers. USI is a subsidiary company of Global’s SM4 program partner, Waypoint Global Strategies.
Through the SM4 program, Waypoint and USI provide Global’s UAS customers with discounted consulting and data analytics services and access to flight training.
“Standard procedures are the foundation of safe operations,” said Alex Mirot, president of USI. “We are excited about offering this SOP manual to Global Aerospace customers as a way to promote safety and reduce errors.”
USI offers its clients customized workshops, assistance in drafting and adopting policy and procedures, risk assessment and management, safety assurance, and safety promotion.
Chris Proudlove, senior vice president and team leader, complex risks at Global Aerospace said, “Global Aerospace continues to develop products and tools for the rapidly growing sector of UAS. This comprehensive manual will provide an excellent resource for operators of small UAS.”
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.
The Federal Aviation Administration has issued an experimental airworthiness certificate to an Amazon Logistics, Inc. unmanned aircraft (UAS) design that Amazon will use for research and development and crew training. Amazon has said it wants to use drones for delivering packages to customers.
The FAA typically issues experimental certificates to manufacturers and technology developers to operate a UAS that does not have a type certificate.
Under the provisions of the certificate, all flight operations must be conducted at 400 feet or below during daylight hours in visual meteorological conditions. The UAS must always remain within visual line-of-sight of the pilot and observer. The pilot actually flying the aircraft must have at least a private pilot’s certificate and current medical certification.
The certificate also requires Amazon to provide monthly data to the FAA. The company must report the number of flights conducted, pilot duty time per flight, unusual hardware or software malfunctions, any deviations from air traffic controllers’ instructions, and any unintended loss of communication links. The FAA includes these reporting requirements in all UAS experimental airworthiness certificates.
The public has until April 24 to comment on a framework of regulations proposed by the Federal Aviation Administration (FAA) in February. The regulations would allow routine use of certain small unmanned aircraft systems (UAS) in today’s aviation system, while maintaining flexibility to accommodate future technological innovations, the agency said.
The FAA proposal offers safety rules for small UAS (under 55 pounds) conducting non-recreational operations. The rule would limit flights to daylight and visual-line-of-sight operations. It also addresses height restrictions, operator certification, optional use of a visual observer, aircraft registration and marking, and operational limits.
The new rules would not apply to model aircraft. However, model aircraft operators must continue to satisfy all of the criteria specified in Sec. 336 of Public Law 112-95, including the stipulation that they be operated only for hobby or recreational purposes.
The public will be able to comment on the Small UAS Notice of Proposed Rulemaking for 60 days from the date of publication in the Federal Register. The proposed regulation was published for public comment on February 23, and comments will be accepted through April 24.
Driverless cars are now traveling Britain’s public roads, according to a report in the Providence Journal. Four prototype self-driving cars took to the country’s highways, launching Britain’s first public trials. Still, with regulatory and legal hurdles, officials said fully driverless cars are unlikely to be used on British roads until 2030.
Four types of autonomous vehicles are being tested, including a shuttle that looks like a larger golf cart and a compact two-seater “pod.” Journalists took rides on the shuttle, which traveled a public square outside central London’s O2 Arena.
The project was “still in the early days,” Transport Minister Claire Perry told the Associated Press, but she added the new technology has the potential to make roads safer and attract global investment.
Driverless cars are also being tested in U.S. cities by companies including Google, and Apple and Sony are at least exploring autonomous vehicles. Meanwhile, automakers such as Audi, Mercedes-Benz and Nissan are developing autonomous cars, and Volvo expects to test its self-driving cars on customers by 2017. The widely discussed goal is to have autonomous vehicles on the market by 202o.
After much criticism in the mainstream and technology media about the commercial use of UAS (unmanned aerial systems), the Federal Aviation Administration (FAA) has been remarkably proactive in integrating the commercial use of UAS in the United States National Airspace System (NAS) the past two months. Just last summer, media like the Washington Post, fueled by a government audit, were reporting that the FAA will miss the September 2015 deadline, which is spelled out in the FAA Reauthorization and Reform Act of 2012, to integrate commercial UAS usage into the NAS.
By proactive, I mean the rate at which the FAA is issuing UAS exemptions for commercial use. Two weeks ago, the FAA issued eight more commercial UAS exemptions, bringing the total to 24 since June 2014, with the vast majority of those being issued in the last two months. The latest exemptions issued were for aerial mapping, motion picture and television production, and bridge inspection. You can view the entire list of exemptions and the intended applications here. All of the exemptions have more than 30 conditions and limitations the operator must follow, of which a FAA private pilot (or better) certificate and a FAA third-class medical certificate is required, as well as a second person, the Visual Observer (VO). That’s fine. There’s nothing new on that front since I last reported on this.
However, earlier this week, the FAA issued an NPRM (Notice of Proposed Rule Making) for commercial operations of “small” UAS, with surprisingly lightweight conditions compared to the exemptions granted thus far. Following are the key points of the NPRM:
Pilot must be 17 years of age or older.
Pass an FAA-approved aeronautical knowledge test and retest every two years.
Obtain an unmanned aircraft operator certificate with a small UAS rating.
Obtain an FAA Class II airman medical certificate.
Be vetted by the Transportation Security Agency (TSA).
Maintain visual line of sight without aids (except corrective lenses).
Not operate over any person who is not part of the mission.
Maximum UAS weight is 55 pounds.
Maximum airspeed of 100 mph.
Maximum altitude of 500 feet above ground level.
Minimum weather visibility of three miles.
Yield right-of-way to other manned and unmanned aircraft.
Contact air traffic control or airport operator when flying within five miles of an airport.
These conditions are certainly lighter than the conditions imposed on the exemptions issued thus far. However, instead of requiring an FAA private pilot certificate, the FAA proposes creating a new type of certificate named an “unmanned aircraft operator certificate.” Digging into the documentation, the new “small UAS pilot certificate” consists generally of the following:
At least 17 years of age, although the FAA seems open to reducing it to 16 years of age.
Read, write, speak English (with exceptions).
Pass an initial aeronautical knowledge test, which tests the applicant’s understanding of FAA regulations, airspace, flight restrictions, collision avoidance, weather/meteorology, weight/balance calculations, emergency response, aeronautical decision-making, airport operations, and drug/alcohol impairment.
Demonstrate flight proficiency and aeronautical experience. The FAA is asking for suggestions on these two.
For a summary description of the proposed Small UAS Limitations and Certifications, click here.
For a detailed description of the proposed requirements for the FAA small UAS pilot certificate, click here.
The FAA Class II Airman medical certificate requirement is somewhat surprising because it’s more stringent than the Class III medical certificate required in the exemptions issued thus far. Perhaps the FAA is rethinking this because of the line-0f-sight requirement that puts a premium on sharp vision for UAS pilots. Class II requires distance vision of 20/20 in each eye separately while Class III only requires distance vision of 20/40 in each eye separately. Click here to see the requirements for Class I, II and III medical certificates. To give you some idea, I had an FAA Class III medical exam completed last month. It took about an hour. Although I have an FAA private pilot certificate, one is not needed to obtain an FAA medical certificate.
FAA Class III Medical Certificate
Perhaps a bigger challenge than passing the FAA medical exam, which wasn’t difficult, was finding a certified FAA medical examiner near you. You can search for an examiner near you by clicking here.
So, it seems the FAA is making progress, and we should give them credit for that. But, we are still very early in the process, and as the mainstream and other media predict, the FAA will likely burn through the September 2015 deadline well into next year, albeit chipping away and issuing exemptions on a regular basis as they have been for the past two months. You can bet that exemption applications are piling up. To view the growing list of exemption applications, click here. In reading the FAA Reauthorization and Reform Act of 2012, it states “The FAA is required to initiate a Notice of Proposed Rulemaking (NPRM) for site integration of UAS within 18 months of the date of enactment of the integration plan.” Hmmm, 18 months from now = October 2016, and this NPRM is for small UAS only. Stay tuned….
A Walkera QR X350 quadcopter. (Photo credit: Wikimedia Commons).
The Federal Aviation Administration has proposed a framework of regulations that would allow routine use of certain small unmanned aircraft systems (UAS) in today’s aviation system for commercial purposes.
“We have tried to be flexible in writing these rules,” said FAA Administrator Michael Huerta in a statement. “We want to maintain today’s outstanding level of aviation safety without placing an undue regulatory burden on an emerging industry.”
The FAA proposal offers safety rules for UAS under 55 pounds conducting “non-recreational” operations. The rule would limit flights to daylight and visual line-of-sight operations. It also addresses height restrictions, operator certification, optional use of a visual observer, aircraft registration and marking, and operational limits.
The proposed rules also includes extensive discussion of the possibility of an additional, more flexible framework for “micro” UAS under 4.4 pounds. The FAA is asking the public to comment on this possible classification to determine whether it should include this option as part of a final rule. The FAA is also asking for comment about how the agency can further leverage the UAS test site program and an upcoming UAS Center of Excellence to further spur innovation at “innovation zones.”
The public will be able to comment on the proposed regulation for 60 days from the date of publication in the Federal Register. The FAA also intends to hold public meetings to discuss innovation and opportunities at the test sites and Center of Excellence. These meetings will be announced in a future Federal Register notice.
“Technology is advancing at an unprecedented pace, and this milestone allows federal regulations and the use of our national airspace to evolve to safely accommodate innovation,” said Transportation Secretary Anthony Foxx.
The proposed rule would require an operator to maintain visual line of sight of a small UAS. The rule would allow, but not require, an operator to work with a visual observer who would maintain constant visual contact with the aircraft. The operator would still need to be able to see the UAS with unaided vision (except for glasses). The FAA is asking for comments on whether the rules should permit operations beyond line of sight, and if so, what the appropriate limits should be.
Under the proposed rule, the person actually flying a small UAS would be an “operator.” An operator would have to be at least 17 years old, pass an aeronautical knowledge test and obtain an FAA UAS operator certificate. To maintain certification, the operator would have to pass the FAA knowledge tests every 24 months. A small UAS operator would not need any further private pilot certifications (such as a private pilot license or medical rating).
The new rule also proposes operating limitations designed to minimize risks to other aircraft and people and property on the ground:
A small UAS operator must always see and avoid manned aircraft. If there is a risk of collision, the UAS operator must be the first to maneuver away.
The operator must discontinue the flight when continuing would pose a hazard to other aircraft, people or property.
A small UAS operator must assess weather conditions, airspace restrictions and the location of people to lessen risks if he or she loses control of the UAS.
A small UAS may not fly over people, except those directly involved with the flight.
Flights should be limited to 500 feet altitude and no faster than 100 mph.
Operators must stay out of airport flight paths and restricted airspace areas, and obey any FAA Temporary Flight Restrictions (TFRs).
The proposed rule maintains the existing prohibition against operating in a careless or reckless manner. It also would bar an operator from allowing any object to be dropped from the UAS.
Operators would be responsible for ensuring an aircraft is safe before flying, but the FAA is not proposing that small UAS comply with current agency airworthiness standards or aircraft certification. For example, an operator would have to perform a preflight inspection that includes checking the communications link between the control station and the UAS. Small UAS with FAA-certificated components also could be subject to agency airworthiness directives.
The new rules would not apply to model aircraft. However, model aircraft operators must continue to satisfy all of the criteria specified in Sec. 336 of Public Law 112-95, including the stipulation that they be operated only for hobby or recreational purposes. Generally speaking, the new rules would not apply to government aircraft operations, because we expect that these government operations will typically continue to actively operate under the Certificate of Waiver or Authorization (COA) process unless the operator opts to comply with and fly under the new small UAS regulations.
In addition to this proposal, earlier today, the White House issued a Presidential Memorandum concerning transparency, accountability, and privacy, civil rights, and civil liberties protections for the Federal Government’s use of UAS in the national airspace system, which directs the initiation of a multi-stakeholder engagement process to develop a framework for privacy, accountability, and transparency issues concerning commercial and private UAS use.
The current unmanned aircraft rules remain in place until the FAA implements a final new rule. The FAA encourages new operators to visit www.knowbeforeyoufly.org.
We’ve all been waiting with bated breath for the Federal Aviation Administration (FAA) to release its long-awaited regulations to enable safe operation of unmanned aircraft systems (UAS) in United States airspace. Well, probably only a small subset of us actually have been anxiously awaiting these FAA rules, but with the increasing visibility of even small UAS on TV, most of us have probably given these things some passing thought.
If you didn’t already know, the FAA has been mandated by Congress to integrate UAS into the National Airspace System (NAS) by September 30 of this year.
I’ve been following what’s been going on quite intently as far as FAA regulations for UAS. For the most part, the FAA has been making noises that it has not been able to maintain the planned schedule to achieve this objective. The UAS industry — and GNSS is a major component for that industry — has been quite disappointed by the FAA’s progress and has made quite a deal about the delays and lack of concrete results. So, for me, it seemed to be a good sign when the FAA recently started to issue restricted exemptions from its existing rules for regular manned aircraft, which may allow people to legally use UAS, for:
TV and movie making (7 exemptions),
Construction site monitoring (1 exemption)
Precision aerial surveys (3 exemption granted to Trimble and Woopert Inc.)
Flare stack inspections on 14 Shell Oil Gulf of Mexico production platforms (1 exemption)
Aerial video to augment real-estate listings (1 exemption)
Photogrammetry and crop surveying for precision agriculture (1 exemption)
As of January 9, that’s the list, but — given that the FAA has found this way to move forward on an individual basis to allow commercial UAS use — it’s quite likely there may be more. I pulled up these exemptions on the FAA unmanned aircraft systems site, which lists exemptions granted so far and explains the Section 333 regulation under which the FAA has chosen to proceed.
It seems the exemptions are being done now because the overarching regulations to integrate small UAS (sUAS) into routine NAS operations have still not made it out of the FAA barn — even following several years now since it was due to emerge. It’s once again scheduled for release for comment “later this year.” The FAA site goes on to say,
Section 333, “Special Rules for Certain Unmanned Aircraft Systems,” provides flexibility for authorizing safe civil operations in the NAS by granting the Secretary of Transportation the authority to determine whether airworthiness certification is required for a UAS to operate in the NAS.
The FAA regulations that govern today’s aircraft are found in Title 14 of the Code of Federal Regulations (14 CFR). There are 68 regulations organized into three volumes. A fourth volume deals with the Department of Transportation, and a fifth volume is focused on NASA.
Three primary regulations govern the airworthiness of an aircraft.
The “Big Three” are:
14 CFR Part 21 — Certification Procedures for Products and Parts
14 CFR Part 43 — Maintenance, Preventive Maintenance, Rebuilding, and Alterations
14 CFR Part 91 — General Operating and Flight Rules
These contain massive volumes of rules and regulations that govern everything from markings on the outside of the air vehicle, when and how often maintenance should be performed and even the parts to be used, all the way up to the qualifications needed by pilots for General Aviation and Commercial Transport aircraft operation.
Exemption No. 11138 has been granted to Realtor Douglas Trudeau of Tierra Antigua Realty in Arizona. Most people have come across real-estate promotional stuff, maybe house-hunted using websites with lots of pictures of houses and sometimes videos, so this might be a good example that most people can relate to for using a UAS.
Phantom 2 Vision+ quadcopter UAS.
Realtor Douglas Trudeau.
Let’s look at what Trudeau has done to get his exemption and what he needs to do to use his three-pound Phantom 2 Vision+ quadcopter UAS, equipped with a lightweight video camera, to take real-estate pictures and videos.
First of all, he applied to the FAA unmanned aircraft systems office for an exemption. This involved picking through 14 CFR Part 21 regulations and looking for specific sections that he asked be waived so he could fly his UAV.
The exemption first lays out in detail the regulations from which Trudeau requested relief. Then it summarizes the information he supplied, including:
Details of the Phantom 2 Vision+: a three-pound quadcopter with four rotors driven by electric motors, battery powered. Maximum speed, 30 knots.
Area of proposed operation is near Tucson for real-estate listing videos.
Proposed operation in reasonably safe and in controlled places away from power lines, street lights, airports and actively populated areas, and there will be extensive preflight inspections where safety is of primary importance.
Proposed that aircraft certification requirements be waived.
Indicated that 2-6 inch markings on the UAV would be impractical.
Requested that regular aircraft maintenance be waived in lieu of preflight checks.
Indicated that while private pilots are prohibited from commercial operations, he can safely operate a UAV (no passengers or crew), that a pilot’s license will not ensure the skills necessary to fly a UAV, and the risks are much lower. Nevertheless, Trudeau did make an application for a 120-day temporary airman certificate to give him time to get a private pilot’s license.
Indicated that he’s already flown lots of practice flights in remote areas in different weather conditions.
Propose a safety/flight manual be with the UAS ground station rather than on the UAV.
Use of GPS with a barometric sensor rather than a standard aircraft altimeter.
That regular aircraft fuel reserve levels don’t apply to a battery-powered UAV.
Trudeau also proposed a number of restrictions on how he would operate the UAV:
Operations would be below 300 feet and within 1,000 feet of the controller to maintain direct line of sight and only 3-7 minutes per flight.
Land whenever there was low battery power.
Use the GPS flight safety feature whereby the UAV hovers and then slowly lands in the event of radio-control link failure.
Post pedestrian warning signs and continuously improve his own safety protocols.
Inform local airports — if within 5 miles — of estimated flight time, duration, elevation and other pertinent information.
Always obtain all necessary permissions prior to operation.
Have procedures to abort flights if there are safety breaches or any potential danger.
The FAA posted Trudeau’s application for waivers on the Federal Register asking for comments, and got five responses — two in support and three raising concerns, one of which opposed the idea. The trade associations that responded were the Air Line Pilots Association International (ALPA), the National Agricultural Aviation Association (NAAA), the United States Hang Gliding & Paragliding Association (USHPA) and another group, the Small UAV Coalition.
ALPA felt that UAS operators should be required to have a commercial pilots’ license. NAAA and USHPA had similar concerns about operator licensing. The Small UAV Coalition disagreed on pilot licensing for small UAVs. NAAA had concerns about low-level operations that may conflict with crop-spraying operations.
There were also a number of concerns about how this UAS would be operated and potential safety issues. The FAA agreed with these issues and has added a number of restrictions within the exemption, including the use of a visual observer, that the pilot be a current FAA certificated private pilot, and that a notice-to-airmen (NOTAM) be issued prior to operations.
The Small UAV Coalition supported Trudeau’s petition, suggesting that the FAA apply regulations differently to small UAVs rather than those of air transport/general aviation, rather than include all seven key factors — beyond visual line of sight (VLOS), weight, size, altitude, airspace, geographic area, and proposed technology — and consider Trudeau’s safety protocols, including his posting of warning signs, to enable operations in populated areas.
The Small UAV Coalition proposed that the FAA’s safety evaluation of UAV operations should not hinge on the type of operation (public, commercial, recreational or philanthropic) rather the operational risks and steps to eliminate or reduce risks. The coalition also commended Trudeau for his “Personal Protocols and Controls” document that details how he will contact any airport within 5 miles of proposed UAV operations.
In the end, the FAA granted Exemption No. 11138 with an additional 35 restrictions. Here’s a brief summary of those restrictions:
The exemption only applies to Trudeau’s Phantom 2 Vision+ UAS.
Indicated airspeed not to exceed 30 knots.
Altitude not to exceed 300 feet above ground level (AGL).
Operation always within visual line of sight (VLOS) of the Pilot In Command (PIC).
There must also be a visual observer (VO), who is in direct contact with the operator.
Trudeau has to have all the documentation and paperwork with him during operations, presumably so they can be reviewed by FAA personnel. If he makes any changes, he has to include updates in the paperwork.
Prior to flight, he must inspect the UAS to ensure it’s OK for safe flight. Any maintenance or changes to the vehicle must be documented in the aircraft records.
Record any alterations or any maintenance, and there must be a recorded test flight.
Pre-flight records must be made of inoperable components, items or equipment.
The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection and life limit requirements.
Maintenance, inspection and alterations must be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service.
The UAS operated must comply with all manufacturer Safety Bulletins.
Any corrective action to fix discrepancies found between inspections must be recorded.
The operator must have at least a private pilot certificate and at least a current third-class medical certificate, and meet the required flight review requirements in an aircraft in which he’s rated.
He has to log 25 hours operating a rotorcraft UAS, and 10 hours with a multirotor UAS, before flying to make any real-estate videos.
He has to log 5 hours operating this make of UAS, and make three take-offs and landings in the preceding 90 days.
He has to demonstrate he can safely operate the UAS, including making evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.
The UAS can only be operated during daylight in acceptable visual conditions.
The UAS cannot be operated within 5 nautical miles of an airport.
The UAS cannot be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 miles.
If the UAS loses communications or loses GPS signal, it must return to a pre-determined location within the planned operating area and land or be otherwise recovered.
The flight must be aborted in the event of unpredicted obstacles or emergencies.
A flight cannot be started unless (considering wind and forecast weather conditions) there is enough power to fly and land as intended and still have 30% battery power left.
Trudeau has to obtain a Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require him to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.
He has to mark the UAV with a regular aircraft N-Number, which can be as large as practicable.
The radio control link has to comply with Federal Communications Commission (FCC) requirements.
The required documents must be available at the UAS Ground Control Station any time the UAS is operating, and must be made available to the FAA or any law enforcement official upon request.
The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.
The UAS may not be operated from any moving device or vehicle.
The UAS may not be operated over congested or densely populated areas.
Flight operations can only be 500 feet away from any people vessels, vehicles and structures, unless protective barriers are in place. If anyone or thing penetrates this protection zone, operations must be terminated. Property owners must approve operations, and there first has to be a safety assessment to ensure there is no “undue hazard.”
Each flight operation must be conducted over private or controlled-access property with the permission of the land owner/controller.
Any incident, accident or flight operation that goes outside operational boundaries of the area of the approved COA must be reported to the FAA’s UAS Integration Office within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB).
Otherwise, his operations must comply with all applicable parts of 14 CFR — the full set of requirements for owning and operating a regular aircraft.
Quite a list, admittedly with quite a bit of repetition, but in all, Trudeau probably has his work cut out to cope with getting a private pilot’s license, not operating within 5 miles of an airport (since his area is right next door to one), and not fly over densely populated areas (since most real-estate is in suburbs with people, streets and houses everywhere). These seem to be the major impediments to what he wants to do.
When I talked with him, I found him unfazed by all this, and he is moving down the list, satisfying the requirements — he’s already got a pilot in training who’s done his three take-offs and landings and is accumulating operating hours, with Doug Trudeau the Visual Observer. He has a binder ready to carry around all the documentation, and applying for his first COA is the next step.
Doug Trudeau training with his Phantom 2. Photo: Phantom
Meanwhile, in California, a lawyer named Dana Hobart has been asking some good questions and got a piece published in the Los Angeles Daily Journal, “Recreational Drones are Facing More FAA Headwinds.”
Hobart argues that since 1981, anyone flying a model recreational aircraft has been exempted from FAA regulations. He says that the small consumer drones currently on the market fall within the FAA’s model-aircraft exemption. For these model aircraft, the FAA only encourages users to voluntarily stay away from populated areas and airports, avoid flying near full-scale aircraft, and fly below an altitude of 400 feet. It’s unclear if model aircraft can be flown for money, such as taking videos of real-estate to help sell houses.
But Hobart goes on to stress that recent incidents where UAVs may have tangled with commercial aircraft likely means that the days of unregulated recreational aircraft are coming to a close. Indeed, the NTSB ruled that a drone is an “aircraft” and the FAA has full authority to regulate all aircraft, whether or not it is “manned or unmanned, large or small.”
With a half million drones already sold in the U.S. over the past three years, and many more in the pipeline for purchase at a rapidly increasing rate, its possible that recreational UAS use might outstrip that of commercial “for money” applications.
I’ve also heard in the past that with this volume of vehicles coming into frequent use, the FAA risks losing all control of small UAS (sUAS) unless it quickly publishes regulations. Unfortunately, the FAA continues to delay release of appropriate sUAS rules — delays that are now being counted in years rather than months or weeks — while the urgency of the situation seems to be growing daily.
Hobart gave me something to think about when he compared a motorcycle with a small UAV — in terms of the “limited damage” that either could cause to others and to property. They do seem to be similar in damage-causing capability — in fact, a motorcycle might make pretty big holes in things because it’s pretty heavy and can go pretty fast! In the case of a motorcycle, we allow people to take a two-day intensive course on safety and operation, and then turn them loose on our roads and highways. Before things get totally out of control, something similar for sUAS operators might be in order.
The FAA indeed may be moving in this direction when it began collaborating with the Association for Unmanned Vehicle Systems International (AUVSI), Academy of Model Aeronautics (AMA) and the Small UAV Coalition, who represent the vast majority of UAS users and manufacturers, on the “Know Before You Fly” UAS Safety Campaign. These organizations hope that the campaign will help ensure the safety of the skies for all aircraft, both manned and unmanned. It would be good to see a formal UAS operator qualification program come out of this.
So if you bought your kids a radio-controlled helicopter for Christmas and have been out in the backyard flying it — look out! It’s now a recreational drone and woe betide you if it had a camera and you were taking video of your house. You may need an Exemption if you give your kids an allowance and encourage them to gain skills flying their toy.
Probably not a good example, really, but this particular Exemption does seem to have gone a little over the top.
