Welcome to Lesson 7! In this module, you will become familiar with the current FAA regulations that govern UAS operations and the ongoing efforts to integrate their operations into the National Airspace System (NAS). On top of it are the latest rules known as PART 107. You will also explore the current recreational versus public or commercial operations of UAS, be familiar with the Certificate of Authorization (COA), Certificate of Waiver, and Airworthiness certificate and how to apply for one, and examine issues related to privacy that are of concern to both the government and industry. You will be asked to choose your application materials and organize them for your COA or Part 107 waiver application. The COA/Part 107 waiver project includes a few graded components that will be submitted in the different sections of the lesson. During this lesson, you will be engaged in discussions with fellow students on several topics related to the lesson objectives. Participation in these discussions is mandatory wherever it is requested.

Lesson Objectives

At the successful completion of this lesson, you should be able to:

• recognize the differences between standards and regulations;
• describe the rules and regulations associated with operating a UAS in the United States of America;
• interpret the FAA restrictions on operating a UAS for commercial use; and
• prepare an application for Certificate of Authorization (COA) or PART107 Certificate of Waiver.

Review the following:

Web Articles

• Review several COAs issued by the FAA.

Google Drive (Open Access)

• Review the FAA "Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS): Roadmap."
• Review the FAA "Model Aircraft Operating Standards."
• Review the FAA "Notice of proposed rulemaking (NPRM)."
• Review PART 107 “Operation and Certification of Small Unmanned Aircraft Systems.”
• Review the article "What You Need to Know to Legally Operate Your Drone Under New FAA Regulation."
• Review the FAA "National Policy on the Unmanned Aircraft Systems (UAS) Operational Approval."
• Review sample of PART107 Certificate of Waiver.
•  
• Review the information provided in this COA information template document before completing your COA application.
• Review the samples of issued COAs that is provided to you under the "Example_COAs_from_FAA" in the Modules section.

Lesson Tasks

• Study lesson 7 materials on CANVAS/Drupal and the text books chapters assigned to the lesson
• Complete quiz 7
• Start your first post for the discussion on "FAA Road map"
• Start your first post for the discussion on "Differences Between Rules and Regulations"
• Continue working on the COA Application and the Final Project Report
• Start UAS Data Processing Using Pix4D for exercise 4
• Submit your Pix4D processing materials for exercise 2
• Attend the weekly call and training on exercise 4 on Thursday evening at 8:00pm ET

The Federal Aviation Administration (FAA) was created in 1958 in response to a series of fatal accidents and midair collisions involving commercial aircraft. The FAA was mandated to develop plans and policies for the use of navigable airspace to ensure the safety of aircraft and the efficient use of airspace. Prescribed air traffic regulations should cover the flight of aircraft (such as safe altitudes) for navigating, protecting, and identifying aircraft; protecting individuals and property on the ground; using the navigable airspace efficiently; and preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects.

Since the creation of the FAA, American airspace has become one of the most regulated fields in the United States. With the introduction of UASs, the FAA has had to examine and ensure that these pilotless aircraft can operate safely and meet all the above mentioned regulations. The NAS is already congested with piloted aircraft, and adding a swarm of UAVs requires thoughtful planning. The FAA's main mandate is to ensure that UASs do not endanger current users of the NAS (including manned or other unmanned aircraft) nor compromise the safety of the people and property on the ground.

When it comes to the safe operation and integration of the UAS into the NAS, one of the main concerns that the FAA has is the lack of detect, sense, and avoid capability of the current UAS technology. The FAA did a thorough literature review to stand on what is possible and what is not along this line. The article listed in the reading assignment of this section details the FAA quest for the detect, sense, and avoid possibilities.

In this section, you will explore the current regulations that govern UAS operations and the efforts underway to integrate their operations into the National Airspace System (NAS). The status of UAS regulations can be considered in relation to two different eras. The first one preceded the provisions of the FAA Modernization and Reform Act of 2012 (P.L. 112-95), and the second is what we are currently dealing with after the 2012 provision. During both eras, the FAA regulations on operating a UAS in NAS were very strict and in fact prohibited civilians from flying UASs until Part 107 went into effect on August 29, 2016. In 2008, The Aviation Safety Unmanned Aircraft Program Office (UAPO) of the FAA issued the Interim Operational Approval Guidance 08-01. “Interim Operational Approval Guidance, Unmanned Aircraft Systems Operations in the U. S. National Airspace System” provided guidance to help determine if unmanned aircraft systems (UAS) should be allowed to conduct flight operations in the U. S. national airspace system (NAS). On July 30, 2013, the FAA issued a national policy (N 8900.227) for reviewing and evaluating the safety and interoperability of proposed Unmanned Aircraft Systems (UAS) flight operations conducted within the United States (U.S.) National Airspace System (NAS) under the subject “Unmanned Aircraft Systems (UAS) Operational Approval.” The new national policy defined in details the methods of the UAS operational approval through the issuance of either a COA for public aircraft operations or a Special Airworthiness Certificate for civil operations. All guidelines and regulations are jointly developed by the following entities within the FAA:

• the Unmanned Aircraft Program Office (UAPO), FAA Aircraft Certification Service (AIR-160)
• the Production and Airworthiness Division, FAA Aircraft Certification Service (AIR-200)
• the Flight Technologies and Procedures Division, FAA Flight Standards Service (AFS-400)
• the FAA Air Traffic Organization’s Office of System Operations and Safety, (AJR-3)

Originally, the Certificate of Authorization, or COA, was limited to public agencies and no commercial agency was granted a COA. Even for public agencies, COA cannot be guaranteed, and COAs may take different lengths of time or have some restrictions built in, according to the FAA document N 8900.227, which states “because of the uniqueness of various UAS flight operations, each application must be evaluated on its own technical merits, including operational risk management (ORM) planning. Each application may require unique authorizations or limitations directly related to the specific needs or capabilities of the UAS and/or the proposed specific mission and operating location.”. However, during 2015, the FAA started issuing grants exemption for commercial entities to fly UAS for commercial use under strict limitations. The FAA based such grant exemption on section 333 of the FAA Modernization and Reform Act of 2012. An exemption according to section 333, allows commercial companies to fly UAS, after they apply for COA, of course, for commercial use. Even with the heavy restrictions that surrounded these exemptions, the move was welcomed by companies who are planning to use UAS for various commercial tasks, and it was considered to be the baby step that they were waiting for.

The previous surprising move by the FAA was followed by three unprecedented moves.

Blanket COA

The FAA issued a new type of COA, called "blanket COA" for companies that were granted exemptions according to section 333. According to the new COA,"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 o 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 automatically received a “blanket” 200 foot COA. Anyone who wants to fly outside the blanket parameters must obtain a separate COA specific to the airspace required for that operation." 

POLICIES UPDATE: Section 333 of the FAA Modernization and Reform Act of 2012 was later repealed in the 2018 FAA Reauthorization Act. Part 107 replaced the need for section 333 for UAS weigh less than 55 lbs. For UAS that weighs 55 lbs or larger,operators need to apply for an exemption under the Special Authority for Certain Unmanned Systems (49 U.S.C. §44807).

Proposed Rules Making

The FAA working with the DOT, issued on February 15, 2015 a proposal for the future regulations on the UAS operations in the NAS. The FAA opened the door for the public to comment on the proposed rules. Comments were accepted until April 24, 2015. Table 1 summarizes the proposed rules; full version of the proposed rule making can be found here.

For civil agencies, Special Airworthiness Certificates are issued to applicants wishing to conduct UAS research and development (R&D), crew training, and market surveys.

The Small Unmanned Aircraft Regulations (Part 107)

The FAA finally released its latest regulation on the commercial operation of small UAS in the National Airspace System in June 2016 and it went into effect on August 29, 2016. Part 107 document contains 626 pages of details that you may or may not concerned about. Be aware that the FAA published new or changed many roles within PART 107 since it was first published and it  will continue doing so. However, you need to study and focus on all provisions related to the following topics:

• Where and when one can fly UAS for commercial (non-hobbyist) purpose.
• What are the specifications (weight/size) of the UAS that one can fly under these rules.
• What are the required credentials for people operating UAS under these rules.
• Few other topics that you may feel relevant to your activities.

Drone Remote Identification

The FAA beleieves that the drones are changing aviation and the FAA is committed to working towards fully integrating drones into the National Airspace System (NAS). Therefore, the FAA is requiring all drones pilots who are required to register or have registered their drone to operate accordnace to the newly published requirements of remote ID. Details of new rules are published in the Code of Federal Regulations. Originally, the FAA set September 16, 2023 as the deadlines for compliance but it was extended until March 16, 2024. According to the FAA, "Remote ID is the ability of a drone in flight to provide identification and location information that can be received by other parties through a broadcast signal".

The FAA identified three ways drone pilots can meet the identification requirements of the Remote ID rule:

• Operate a Standard Remote ID drone (PDF) that broadcasts identification and location information of the drone and control station. A Standard Remote ID drone is one that is produced with built-in Remote ID broadcast capabilities in accordance with the Remote ID rule's requirements.
• Operate a drone with a Remote ID broadcast module (PDF). A broadcast module is a device that broadcasts identification and location information about the drone and its take-off location in accordance with the Remote ID rule's requirements. The broadcast module can be added to a drone to retrofit it with Remote ID capabilities. Pilots operating a drone with a Remote ID broadcast module must be able to see their drone at all times during flight.
• Operate (without Remote ID equipment) (PDF) at FAA-recognized identification areas (FRIAs) sponsored by community-based organizations (CBOs) or educational institutions. FRIAs are the only locations where UAS (drones and radio-controlled airplanes) may operate without broadcasting Remote ID message elements."

All drones that are required to be registered or have been registered, including those flown for recreation, business, or public safety, must comply with new rule on remote ID. To find out whether your unmanned aircraft (serial number) is in compliance with Part 107 Operations Over People (OOP) and/or Part 89 Remote ID (RID) regulations, visit the FAA UAS Declaration of Compliance site.

mjg8 (1)The following paragraphs some of which were taken from the FAA website, summarize the main ruling introduced by Part 107.

Operating Requirements

• The small UAS operator manipulating the controls of a drone should always avoid manned aircraft and never operate in a careless or reckless manner.
• You must keep your drone within sight. Alternatively, if you use First Person View or similar technology, you must have a visual observer always keep your aircraft within unaided sight (for example, no binoculars). However, even if you use a visual observer, you must still keep your unmanned aircraft close enough to be able to see it if something unexpected happens.
• Neither you nor a visual observer can be responsible for more than one unmanned aircraft operation at a time.
• You can fly during daylight or in twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. Note: That rule was changed effective April 21, 2021 where operating over people and night operations were permitted without a waiver for Part 107 pilots. Here is the latest rules:

"No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.

• Minimum weather visibility is three miles from your control station.
• The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure.
• The maximum speed is 100 mph (87 knots).
• You can’t fly a small UAS over anyone who is not directly participating in the operation, not under a covered structure, or not inside a covered stationary vehicle. Note: That rule was changed effective April 21, 2021 where operating over people and night operations were permitted without a waiver for Part 107 pilots. The latest rules as of April 21, 2021:

"a remote pilot in command may conduct operations over human beings only in accordance with the following:

(a) That human being is directly participating in the operation of the small unmanned aircraft;

(b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or

(c) The operation meets the requirements of at least one of the operational categories § 107.110 for Category 1 operations; §§ 107.115 and 107.120 for Category 2 operations; §§ 107.125 and 107.130 for Category 3 operations; or § 107.140 for Category 4 operations."

UAS must fall under one of the four categories 1, 2, 3, and 4 to take advantage of this ruling

• No operations from a moving vehicle are allowed unless you are flying over a sparsely populated area.

"No person may operate a small unmanned aircraft system:

(a) From a moving aircraft; or

(b) From a moving land or water-borne vehicle unless the small unmanned aircraft is flown over a sparsely populated area and is not transporting another person's property for compensation or hire"

• Operations in Class G airspace are allowed without air traffic control permission.
• Operations in Class B, C, D and E airspace need ATC approval. See Chapter 14 in the Pilot's Handbook (PDF).
• You can carry an external load if it is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft. You also may transport property for compensation or hire within state boundaries provided the drone – including its attached systems, payload and cargo – weighs less than 55 pounds total and you obey the other flight rules. (Some exceptions apply to Hawaii and the District of Columbia. These are spelled out in Part 107.). Here, one needs to be pay attention to the rule "No carriage of hazardous materials" which put a restriction on what you can carry as you can not carry anything.
• You can request a waiver of most operational restrictions if you can show that your proposed operation can be conducted safely under a waiver. The FAA will make an online portal available to apply for such waivers. Users can apply for a waiver at the FAA dedicated web page.

In addition, Part107 gives entities who already have 333 Exemptions the option to continue operating under the terms of their exemptions or move to Part 107. 333 Exemption usually is granted for a two-year time period, which means most operators will eventually shift to operating under 107 after their exemptions expire. Most likely no one in the future will need 333 exemption as they’ll be able to do everything they want under part 107.

Pilot Certification

To operate the controls of a small UAS under Part 107, you need a remote pilot airman certificate with a small UAS rating, or be under the direct supervision of a person who holds such a certificate.

You must be at least 16 years old to qualify for a remote pilot certificate, and you can obtain it in one of two ways:

• you may pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center;
• if you already have a Part 61 pilot certificate, other than a student pilot certificate, you must have completed a flight review in the previous 24 months and you must take a small UAS online training course provided by the FAA.

If you have a non-student pilot Part 61 certificate, you will immediately receive a temporary remote pilot certificate when you apply for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of a security background check. We anticipate we will be able to issue temporary certificates within 10 business days after receiving a completed application.

UAS Certification

You are responsible for ensuring a drone is safe before flying, but the FAA does not require small UAS to comply with current agency airworthiness standards or obtain aircraft certification. Instead, the remote pilot will simply have to perform a preflight visual and operational check of the small UAS to ensure that safety-pertinent systems are functioning properly. This includes checking the communications link between the control station and the UAS. The UAS must also be registered.

Respecting Privacy

Although the new rule does not specifically deal with privacy issues in the use of drones, and the FAA does not regulate how UAS gather data on people or property, the FAA is acting to address privacy considerations in this area. The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology or photography.

As part of a privacy education campaign, the agency will provide all drone users with recommended privacy guidelines as part of the UAS registration process and through the FAA’s B4UFly mobile app. The FAA also will educate all commercial drone pilots on privacy during their pilot certification process; and will issue new guidance to local and state governments on drone privacy issues. The FAA’s effort builds on the privacy “best practices” (PDF) the National Telecommunications and Information Administration published last month as the result of a year-long outreach initiative with privacy advocates and industry.

Other Requirements

If you are acting as pilot in command, you have to comply with several other provisions of the rule:

• You must make your drone available to the FAA for inspection or testing on request, and you must provide any associated records required to be kept under the rule.
• You must report to the FAA within 10 days any operation that results in serious injury, loss of consciousness, or property damage (to property other than the UAS) of at least $500.

Table 2 summarizes the main provisions of PART 107 rules, you may also consult the FAQ published by the FAA on the new rules:

Latest FAA Rules Changes

On January 15, 2021, the FAA change their UAS rules to allows routine operations over people and routine operations at night under certain circumstances. The rule eliminated the need for typical operations to receive individual part 107 certificate of waivers from the FAA. The rule was first published in the Federal Register on January 15, 2021. Corrections to the final rule were published in the Federal Register on March 10, 2021 delaying the effective date from March 16, 2021 to April 21, 2021. To learn more details about the new rule, visit the FAA website. PART 107 rules keeps evolving and oneneeds to keep a close an eye on it.

Tension between FAA Regulations and Local Jurisdictions 

Local governments and jurisdictions struggled in allowing drones operators freely operate within their localities sighting public safety and privacy concerns even if such operators follow the rules under PART 107. While such local authorities realize the authority that FAA has over their local air space, some enacted restrictions on the ground for operating UAS (i.e. restrictions related to takeoff and landing sites). Even when many state governments are passing UAS laws designed to promote the growth of the drone industry and the correct implementation of FAA rules, some city laws within those same states are creating their own rules to stop UAS operators from flying within their cities. The following articles shed some light on such on the struggles of local authorities with the enacted FAA rules:

Can I Fly a Drone in a Public Park?

Three Tips to Get Your HOA’s Drone Rules Off the Ground

FAA Rules for Recreational Drone Pilots Flying Near Airports

FAA Part 108 — Enabling BVLOS Drone Operations

FAA Part 108 is a proposed regulatory framework intended to govern Beyond Visual Line of Sight (BVLOS) operations of unmanned aircraft (drones or UAS) in the U.S. It would go beyond the current Part 107 rules (which require that remote pilots maintain visual line of sight) by creating a more scalable, performance-based regime for advanced drone operations.

The underlying goals of Part 108 include:

• Reducing or eliminating the need for individual waivers for BVLOS operations
• Allowing routine, more complex drone use cases (e.g. package delivery, infrastructure inspections, wide-area monitoring)
• Integrating drones more fully into the National Airspace System (NAS) with safety assurances
• Promoting innovation and scaling of commercial UAS capabilities

PART 108 Historical & Regulatory Context

• The FAA established the BVLOS Aviation Rulemaking Committee (ARC) in 2021 to draft recommendations for how to regulate BVLOS. The ARC produced a report with ~70 recommendations, which included a proposed CFR Part 108.
• The FAA and Congress have signaled urgency to make progress on BVLOS regulation. The FAA Reauthorization Act of 2024 includes mandates related to Part 108 / BVLOS rulemaking.
• Publication of a Notice of Proposed Rulemaking (NPRM) for Part 108 has been long anticipated; in August 2025, the FAA released a draft NPRM under the title “Normalizing Unmanned Aircraft Systems Beyond Visual Line-of-Sight Operations”. 

Key Proposed Features & Structure of PART 108

Based on the NPRM and industry analyses, some of the main proposals and features of Part 108 include:

1. New Regulatory Framework for BVLOS
   • Creates a dedicated part of the CFR (Part 108) to govern Beyond Visual Line of Sight operations, rather than relying on waivers under Part 107.
2. Permits vs. Certificates
   • Permits: For lower-risk, smaller-scale operations (e.g., agriculture, training, surveys).
   • Certificates: For higher-risk, larger-scale, or more complex BVLOS operations.
3. Weight Classes / Aircraft Categories
   • Establishes thresholds such as ≤ 55 lbs, ≤ 110 lbs, and up to ~1,320 lbs for different levels of approval and oversight.
4. Operational Roles
   • Defines new operational roles, such as Flight Coordinator, Operations Supervisor, and Remote Pilot in Command, clarifying responsibilities.
5. Automated Data Service Providers (ADSPs)
   • Introduces third-party service providers for strategic deconfliction, airspace awareness, and coordination between operators.
6. Airspace & Right-of-Way Rules
   • Defines shielded areas (close to structures or terrain where drone operations have some priority).
   • Clarifies right-of-way responsibilities between drones, crewed aircraft, and other UAS.
7. Safety & Technical Requirements
   • Performance-based requirements for detect-and-avoid (DAA) capabilities.
   • Reliability standards for communications, navigation, and control systems.
   • Mandatory fail-safe behaviors in case of lost link or system failure.
8. Population Density Categories
   • Creates ground-population density classifications (sparse, moderate, dense) with corresponding operational limitations.
9. Cybersecurity & Security Standards
   • Requires cybersecurity measures, secure command-and-control links, and operational integrity protection.
10. Transition & Interim Approvals
    • Provides transition pathways from Part 107 waivers to Part 108 compliance (e.g., shielded operations waivers).

Current Status & Timeline for PART 108

• The NPRM was published in August 2025 by the FAA under the title “Normalizing Unmanned Aircraft Systems Beyond Visual Line-of-Sight Operations.”
• The NPRM opens a public comment period. Stakeholders (industry, academia, government, users) are invited to submit feedback.
• The FAA is expected to review comments and revise the rule as needed before issuing a final rule.
• Some observers expect a final rule by 2025 or early 2026, though timing remains uncertain.
• There have been missed or delayed deadlines. For example, FAA missed a September 16, 2024 deadline mandated by FAA Reauthorization Act to publish the Part 108 NPRM.

Challenges, Risks & Stakeholder Concerns about PART 108 Implementation

• Regulatory complexity & burden: Ensuring that performance-based requirements are implementable, measurable, and enforceable could be challenging.
• Safety assurance: Proving reliability, redundancy, and safety in BVLOS operations remains a central hurdle.
• Spectrum, communications, and navigation constraints: Reliable connectivity, navigation accuracy, interference, and latency become more important when the pilot cannot see the aircraft directly.
• Liability & risk allocation: As operations scale, insurance, responsibility, and blame attribution in failure cases become more complex.
• Public acceptance & privacy: Operating drones over populated areas, even with safety guarantees, may face public resistance concerning noise, privacy, and intrusion risks.
• Interoperability & data sharing: The use of ADSPs, deconfliction among many operators, and real-time data exchange across systems will require robust standards and coordination.
• Transition / grandfathering: Many operators now rely on waivers and exemptions; migrating to a Part 108 system without disruption requires careful transition strategies.
• Regulatory lag: Technology evolves rapidly, so there is risk the final regulation will lag behind what is technologically feasible.
• Resource constraints & administrative capacity: The FAA must staff and allocate resources to process certifications, oversight, and compliance enforcement.

Implications & Opportunities with PART 108

If successfully implemented, Part 108 could unlock substantial growth in UAS applications, including:

• Package delivery / logistics: Enabling last-mile drone delivery over longer distances without requiring visual line of sight.
• Infrastructure & utility inspection: Enables continuous monitoring of pipelines, power lines, railroads, etc., over large spans.
• Agriculture & environmental monitoring: Wide-area surveillance of crops, forests, water resources, and wildlife in remote regions.
• Search & rescue / emergency response: Drones can extend reach and speed in disaster zones, beyond visual constraints.
• Scientific data collection: Atmospheric & environmental sensors, mapping, remote sensing missions in remote areas.
• Commercial innovation: More advanced business models, autonomous drone systems, remote operations, multi-vehicle coordination.

For comprehensive understanding of Part 108 NPRM, consult the following resources:

1. The FAA published NPRM “Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations”. (https://www.federalregister.gov/documents/2025/08/07/2025-14992/normalizing-unmanned-aircraft-systems-beyond-visual-line-of-sight-operations)
2. Understanding the FAA's Approach to BVLOS Operations: Part 108 and Beyond (https://www.mtec.aero/post/understanding-the-faa-s-approach-to-bvlos-operations-part-108-and-beyond)
3. Navigating Drone Regulations in 2025: Part 108(BVLOS) (https://www.vsiaerial.com/post/2025-drone-regulations-part-108)
4. Will Executive Orders to Enable BVLOS Operations Reshape the Drone Industry? (https://www.commercialuavnews.com/regulations/will-executive-orders-to-enable-bvlos-operations-reshape-the-drone-industry)
5. Part 108: A New Era for Aerial Survey and Client Solutions.

The NPRM, exceeding 700 pages in length, will be available for public comment for 60 days following its official publication in the Federal Register. During this period, all stakeholders and interested parties are invited to submit their feedback prior to the rule's finalization.

After issuing PART107, the Federal Aviation Administration (FAA) required all UAS owners to register each UAS that is purchased weighing between 0.55 lbs to 55 lbs. If one meets the criteria to register an unmanned aircraft and does not register, he or she will be subject to civil and criminal penalties defined in the U.S. Government UAS regulation terms.

FAA requires operators of UAS to register their UAS according to the rules one follows when flying a UAS, those are:

UAS Flown under the Small UAS Rule (Part 107)

The FAA requires owner/operator of UAS:

1. to register the unmanned aircraft under "Part 107"
2. label it with the registration number;
3. UAS must weigh less than 55 pounds.

Registration costs $5 per aircraft and is valid for 3 years.

In order to register, one needs:

• email address,
• credit or debit card,
• physical address and mailing address (if different from physical address),
• make and model of the unmanned aircraft.

UAS flown for Recreational Use

The FAA Reauthorization Act of 2018, which will be described next, in Section 349, "Exception for limited recreational operations of unmanned aircraft (49 U.S.C. 44809)" stated:

"a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations: 

(1) The aircraft is flown strictly for recreational purposes. 
(2) The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration. 
(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator. 
(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft. 
(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and 
complies with all airspace restrictions and prohibitions. 
(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions. 
(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request. 
(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request."

To apply the above regulations, the FAA issues "CERTIFICATE OF WAIVER OR AUTHORIZATION" to authorize the use of drones for recreational purposes according to section 44809.

To register a model aircraft, one needs to be:

1. 13 years of age or older (if the owner is less than 13 years of age, a person 13 years of age or older must register the model aircraft);
2. a U.S. citizen or legal permanent resident.

In order to register a model aircraft, one needs:

• email address;
• credit or debit card;
• physical address and mailing address (if different from physical address).

In 2019, the FAA issued the Advisory CircularAC 91-57B. This new circular, which was developed after Part 107 regulations were firmly in place, provides even more details on what constitutes safe operations and provides numerous resources to pilots in order to familiarize themselves with the requisite aeronautical knowledge to conduct safe operations. Notably, this document also focuses primarily on “drones” rather than traditional remote controlled model aircraft, signifying a shift in the FAA’s thinking on the subject.

The following was announced on the FAA website:

"The FAA Reauthorization Act of 2024 (Public Law 118-63) was signed into law on May 16, 2024. This authorization runs through Fiscal Year 2028 and communicates congressional priorities for how the agency carries out its mission to provide the safest, most efficient aerospace system in the world. This legislation is broad and speaks to everything from FAA’s organizational structure, ways to bolster many of the agency’s oversight processes, and where to invest resources to support safety and efficiency for both conventional users and new entrants.  Much of this legislation aligns with the agency’s existing priorities and approaches but tells us where Congress is most interested in seeing adjustments to resources and timelines for various activities.

The FAA believes this Act supports the needs of the aviation ecosystem and will help advance aviation into the future. The FAA is committed to implementing the requirements in the Act as efficiently as possible."

A summary of the FAA Reauthorization act of 2024 can be found in the section by section summary document published by the house transportation committee.

The materials in this section is adopted from the FAA website's on Data Exchange and LAANC.

The FAA UAS Data Exchange is an innovative, collaborative approach between government and private industry facilitating the sharing of airspace data between the two parties. Under the FAA UAS Data Exchange umbrella, the agency will support multiple partnerships, the first of which is the Low Altitude Authorization and Notification Capability.

What is LAANC?

LAANC, Figure 6.1, is the Low Altitude Authorization and Notification Capability, a collaboration between FAA and Industry. It directly supports UAS integration into the airspace. It provides access to controlled airspace near airports through near real-time processing of airspace authorizations below approved altitudes in controlled airspace.

Figure 6.1 LAANC illustrated

Click for a text description of LAANC illustrated.

There is a graphic of a person holding a phone and a drone on the far left, labeled "Drone Users". In the middle, there is a phone labeled "UAS Service Suppliers", connected to two blue boxes by a dotted line. The top (larger) box is labeled "FAA Airspace Data" and includes the following: "TFRs", "NOTAMs", and "Facility Maps". Below that box, there is a smaller one that reads "FAA's UAS: Data Exchange". On the far right, there is a graphic of a plane and an air traffic control tower, labeled "FAA Air Traffic".

image courtesy FAA

How does it work?

LAANC automates the application and approval process for airspace authorizations. Through automated applications developed by an FAA Approved UAS Service Suppliers (USS) pilots apply for an airspace authorization. Requests are checked against multiple airspace data sources in the FAA UAS Data Exchange such as temporary flight restrictions, NOTAMS and the UAS Facility Maps. If approved, pilots receive update from the FAA site.

Where can I fly under LAANC?

LAANC is available at nearly 400 air traffic facilities covering approximately 600 airports. If you want to fly in controlled airspace near airports not offering LAANC, you can use the manual process to apply for an authorization.

The capability is in beta throughout 2018, and seeks to test the capability nationwide; the results will inform future expansions of the capability.

After LAANC, FAA Permits UAS Flying Near Airports

In a surprise move during October 2018, the Federal Aviation Administration (FAA) granted permission for certain UAS manufacturers to operate in a controlled airspace. Such move by the FAA was possible after the FAA rolled out its “Altitude Authorization and Notification Capability (LAANC)” initiative. DJI is among the nine companies that the FAA approval as a UAS Service Supplier capable of offering LAANC services, allowing DJI to offer its customers near-real-time authorization to fly in controlled airspace near airports. That occurred after the FAA performed a rigorous test and validation of DJI’s technology capabilities to support LAANC services.

The article titled FAA clears DJI and other drone companies to fly near airports was published by Engadget states “The Federal Aviation Administration (FAA) has given nine companies permission to fly in controlled airspace, such as airports, as part of its Low Altitude Authorization and Notification Capability (LAANC) initiative. One of those nine companies is DJI, along with Aeronyde, Airbus, AiRXOS, Altitude Angel, Converge, KittyHawk, UASidekick and Unifly. It doesn't mean operators can fly those brands' drones over airports anytime they want, though -- it only means that professional drone pilots can now get authorization to enter controlled airspace in near-real time instead of waiting for months. A pilot that's going to use a drone to conduct an inspection, capture photos and videos or herd birds away from airports, for instance, can now send their applications to fly in controlled airspace to LAANC. The program then processes their applications in near-real time, designating the locations within that airspace they can use, along with the altitudes they can fly in. LAANC makes sure the drones won't be able to go anywhere near planes, in case the location is an airport, and will inform the FAA Air Traffic of the permissions it granted.

The article continued to state that:

Before LAANC, using drones for productive work near many airports required detailed applications and up to months of waiting, even when the benefits were clear and safety was prioritized," DJI Program Manager Brandon Montellato explained. "Now, LAANC allows easy drone use in more than 2,000 square miles near airports, including many populated areas that can benefit tremendously from drone operations."
UAS Traffic Management

UAS Traffic Management (UTM)

Another major effort by the FAA to understand and manage the integration of UAS into NAS, is the UAS Traffic Management initiative that lead by NASA. UTM is a a research platform to manage large numbers of drones flying at low altitude along with other airspace users. The following few sections about UTM are adopted from NASA website.

What is Unmanned Aircraft Systems Traffic Management?

Ever wonder what the skies will look like in the next five to 10 years? Can you imagine stepping onto your balcony on a sunny day, seeing drones buzzing around? They could be delivering food and goods to doorsteps, hovering around backyards for family fun or over highways for traffic monitoring. In 2021, more than 873,000 unmanned aircraft systems, called UAS, but commonly referred to as drones, are registered to fly in the United States – and their numbers are increasing quickly. Many have questions about how such a big change to the airspace will affect our lives and safety.

NASA’s Ames Research Center in California’s Silicon Valley set out to create a research platform that will help manage large numbers of drones flying at low altitude along with other airspace users. Known as UAS Traffic Management, or UTM, the goal is to create a system that can integrate drones safely and efficiently into air traffic that is already flying in low-altitude airspace. That way, package delivery and fun flights won’t interfere with helicopters, airplanes, nearby airports or even safety drones being flown by first responders helping to save lives.

The system is a bit different than the air traffic control system used by the Federal Aviation Administration for today’s commercial airplanes. UTM is based on digital sharing of each user's planned flight details. Each user will have the same situational awareness of the airspace, unlike what happens in today’s air traffic control. The multi-year UTM project continued NASA’s long-standing relationship with the FAA. Throughout the collaboration, Ames has provided research, development and testing to the agency, which is being put to use in the real world. NASA led the UTM project along with more than 100 partners across various industries, academia and government agencies committed to researching and developing this platform.

How did the research work?

Drones in flight in downtown Reno, Nevada, during shakedown tests for NASA's Unmanned Aircraft Systems Traffic Management project, or UTM. The final phase of flight tests, known as Technical Capability Level 4, took place from May through August 2019 and studied how the UTM system could integrate drones into urban areas.

Credits: Drones in flight in downtown Reno, Nevada by Dominic Hart NASA

UTM research was broken down into four phases called TCLs, technical capability levels, each increasing in complexity and with specific technical goals that helped demonstrate the system as the research progressed.

TCL1: Completed in August 2015 and serving as the starting point of the platform, researchers conducted field tests addressing how drones can be used in agriculture, firefighting and infrastructure monitoring. The researchers also worked to incorporate different technologies to help with flying the drones safely such as scheduling and geofencing, which restricts the flight to an assigned area.

TCL2: Completed in October 2016 and focused on monitoring drones that are flown in sparsely populated areas where an operator can't actually see the drones they're flying. Researchers tested technologies for on-the-fly adjustment of areas that drones can be flown in and clearing airspace due to search-and-rescue or for loss of communications with a small aircraft.

TCL3: Conducted during spring 2018, this level focused on creating and testing technologies that will help keep drones safely spaced out and flying in their designated zones. The technology allows the UAS to detect and avoid other drones over moderately populated areas.

TCL4: From May through August 2019, the final level demonstrated how the UTM system can integrate drones into urban areas. Along with a larger population, city landscapes present their own challenges: more obstacles to avoid, specific weather and wind conditions, reduced lines of sight, reduced ability to communicate by radio and fewer safe landing locations. TCL4 tested new ways to address these hurdles using the UTM system and technologies onboard the drones and on the ground. These included incorporating more localized weather predictions into flight planning, using cell phone networks to enhance drone traffic communications and relying on cameras, radar and other ways of “seeing” to ensure drones can maneuver around buildings and land when needed – all while communicating with other drones and users of the UTM system.

The UTM team invented a totally new way to handle the airspace: a style of air traffic management where multiple parties, from government to commercial industry, work together to provide services. UTM’s research results were transferred incrementally to the FAA, which continues testing and, with industry partners, is implementing the system. By the time the project officially wrapped up in May 2021, several efforts had emerged to push this line of research into other realms, including managing traffic for the flying taxis envisioned for our cities and flights of jets and even balloons at very high altitudes not currently covered by traditional air traffic management.  

This partnership between research and regulation agencies, along with the input of thousands of experts and users will set the stage for the future of a well-connected sky. Drones will offer many benefits by performing jobs too dangerous, dirty or dull for humans to do, and NASA is helping navigate toward that future.

The First Global UAS Standards Developed by ISO

During November 2018, the International Organization for Standardization (ISO) released the first draft set of global standards for unmanned aircraft system (UAS) use. The draft standards, which is expected to be welcomed by Federal Aviation Administration (FAA), suggests no-fly zones around airports and other restricted areas, along with geofencing measures to keep drones away from sensitive locations. The standards also call for drone operators to respect others' privacy and a human intervention fail-safe for all flights. The standard suggested that training, flight logging and maintenance requirements should be in place, along with data protection rules. The draft standard comes in three parts and can be purchased from ISO store.

As you may have noticed from the materials you reviewed in the previous section, no one is allowed to fly a UAS without prior approval from the FAA. Any UAS operation in the United States has to occur in one of two ways. Either the UAS belongs to a public agency (i.e., governmental) and then requires a COA or operates under Part 107 rules, or it belongs to to a civilian entity and therefore requires adherence to Part 107 rules and perhaps a special airworthiness certificate or a waiver. For manned aircraft, the FAA requires several basic steps to obtain an airworthiness certificate in either the Standard or Special class. The FAA may issue an applicant an airworthiness certificate when:

• the registered owner or operator/agent registers the aircraft,
• the applicant submits an application through the dedicated portal, and
• the FAA determines the aircraft is eligible and in a condition for safe operation.

The process for a UAS is different for the time being, as it is approached through either a COA or a special airworthiness certificate, as was discussed above. For UAS, the FAA may consider an airwortiness letter like the following:

"To Whom It May Concern:

The eBee small Unmanned Aircraft System has been inspected and reviewed on behalf of XY organization by qualified individuals and a determination has been made based on testing data and evaluation data provided by the manufacturer that the aircraft is serviceable and airworthy for the intended use as advertised by the manufacturer, subject to the warrantees and representations offered by said manufacturer.

Sincerely,

John Doe, System Engineer, XY organization"

Just to reiterate, the process of requesting a UAS operation within the territorial airspace of the United States (the airspace above the contiguous United States, Alaska, Hawaii, U.S. territories, and U.S. territorial waters) differentiates depending whether the applicant is a public agency or a civilian entity. The methods of operational approval are the issuance of either a COA for public aircraft operations or for civilian operators is either to operate under PART 107 for UAS that weighs less than 55 lbs or operators need to apply for an exemption under the Special Authority for Certain Unmanned Systems (49 U.S.C. §44807). Special Airworthiness Certificate is needed for civil operations under certain conditions. The FAA on its website allowed civil users to apply for a COA, it is not needed anymore, through a dedicated portal. This Form shows the web application interface. The form is provided to show the actual interface for the COA application and the required materials and all applicants have to provide the required submissions through the portal. To apply for a COA, go to the FAA UAS Civil COA Portal. You will need to create an account on the FAA website before you proceed with your application. Anyhow, if you are planning to apply for a COA, be prepared to provide the following materials and information through the portal and/or when the FAA ask you later if needed:

Sample Certificate of Authorization Application

This link provides a sample of COA application provided by the FAA on their website Sample COA application form from the FAA website. 

Certificate of Authorization Application Components

Make sure that your COA application provide the FAA with the following components:

- Applicant Contact Information:

• 333 Exemption number if any
• name, address, phone, and email

- Purpose of the operation and the requested exemption, if any

- Aircraft System

• description
  • picture
  • airframe
    • dimensions
  • power source
    • electric, internal combustion, etc.
  • weight (gross takeoff weight)
  • avionics
  • performance
    • endurance
    • range
    • speed
    • operating altitude
    • turing radius
    • climb/decent rates
• Airworthiness statement and documentation
• Communications
• pilot/operator to aircraft
• pilot/operator to observers
• communication within the airspace
  • air traffic control procedures and frequencies
  • local airspace frequencies
• video/data
  • FCC approved frequencies
  • ranges
• operational communications range
• backup communication
  • radios
  • cell phones/landlines

- Ground Control Station

• description
  • picture
  • capabilities
  • setup and operations
• frequency management
• FCC approved equipment
• range

- ConOps, Emergency Procedures, and Risk Mitigation

• identify, control, and document potential hazards (examples)
  • human factors
  • machine
  • media
  • management
  • mission
• assess the risks (examples)
  • weather induced flight cancelation or termination
  • lost communication
  • loss of payload
  • aircraft fire
• analyze risk control measures (examples)
  • mishap notification
  • access and contact procedures to fire and rescue
  • programmed procedure for lost links
• make control decisions
• implementation of risk controls
• review and improvement process

- Flight Operations Area and Time

• COA Location
  • boundary points (or center point if circular) recorded in coordinates
• Time of Day
• Launch and Recovery Points
  • launch and recovery points recorded in coordinates
• Lost Link/Rally Points
  • lost link/rally points recorded in coordinates
• Description of airspace class(es) (A, C, D, E, or G) for proposed operations and surrounding area
• Map and/or aeronautical chart depicting the flight operations in relation to ground references and airspace
  • VFR Chart
  • Aerial image (i.e. Google Earth/Maps)
    • Show COA area with boundaries clearly marked.
    • Show planned launch, recovery, and rally points.
• FAA coordination and concept of operations plan (Flight Standards District Office, Air Traffic Control Tower, etc.)
• Planned nominal flight operations in proposed airspace
• Altitude (minimum and maximum)
• Security for crew

- Launch and Recovery Procedures

• Primary/planned launch and recovery location(s)
• Launch and recovery checklists and procedures
• Takeoff and Landing or Fixed Wing launch and recovery methods
  • Launch (examples)
    • Hand-held
    • Rail
    • Catapult
    • Support vehicles/equipment
    • Weather limits
  • Recovery (examples)
    • Net
    • Grass
    • Weather limits
    • Landing speed

- Lost Communications Procedure

• Return to Base (RTB) procedures
• Lost communication between pilot and Air Traffic Controllers
• Lost communication between pilot and observers

- Lost Link Mission Procedures

• Internal navigation systems failure
• Control systems failure
• 5%">Low/lost battery
• Length of time to identify lost link
• Procedure to re-establish link
• Procedure if link is not re-established
• Platform actions if link is lost
• Notification procedures in the event of lost link

- Operator (Pilot) and Visual Observers

• Crew qualifications
  • Pilot certifications
  • Aircraft currency
  • Required currency of medicals
  • Platform training and currency
• Crew resource management (CRM) approach
• Communications and coordination for operations
• Provision for UAS operations (single platform at a time)

The first few sections were adopted from the FAA website with minimal modifications. The last section reflects the latest updates on the UAS remote identification as presented by the FAA/AUVSI webinar on September 16, 2021. The original proposed rules were published in the Federal Register on December 31, 2019. On January 16, 2020, the FAA provided a briefing to the House of Representatives and Senate Aviation Subcommittee regarding the Remote Identification of Unmanned Aircraft Systems notice of proposed rulemaking (84 FR 72438). It is a useful overview of the entire matter of UAS identification that is worth watching.

UAS Remote Identification

Drones or unmanned aircraft systems (UAS) are fundamentally changing aviation, and the FAA is committed to working to fully integrate drones or UAS into the National Airspace System (NAS). Safety and security are top priorities for the FAA, and Remote Identification (Remote ID) of UAS is crucial to our integration efforts.

What is Remote ID?

Remote ID is the ability of a UAS in flight to provide identification information that can be received by other parties. According to the proposed rules making, there are three ways drone pilots will be able to meet the identification requirements of the remote ID rule, see Figure 6.2:

• By flying a standard remote ID drone (transmit to remote ID USS and broadcast).
• By flying a limited remote ID drone (transmit to remote ID USS) within the visual line of sight.
• By flying a drone without remote ID capability within visual line of sight at an FAA-Recognized Identification Area (FRIA). Drones not equipped with remote ID do not need to broadcast or transmit to a remote ID USS when within a FRIA. Only community-based safety organizations (CBO's) can apply to establish a FRIA.

Figure 6.2 The three ways drone pilots can meet the identification requirements of the remote ID rule (courtesy FAA)

Why Do We Need Remote ID?

Remote ID would assist the FAA, law enforcement, and Federal security agencies when a UAS appears to be flying in an unsafe manner or where the drone is not allowed to fly.

The development of Remote ID builds on the framework established by the small UAS registration rule and the LAANC capability to lay the foundation of an Unmanned Aircraft System Traffic Management System (UTM) that is scalable to the national airspace.

Notice of Proposed Rule Making:

The Remote Identification proposed rule provides a framework for the remote identification of all UAS operating in the airspace of the United States. The rule would facilitate the collection and storage of certain data, such as identity, location, and altitude, regarding an unmanned aircraft and its control station.

Once published, the FAA will solicit comments from the public to better inform its rulemaking process. The FAA posts these comments, without edit, including any personal information the commenter provides, to the Regulations.gov website. The docket number is FAA-2019-1100.

Remote ID Cohort:

The goal of the FAA Remote ID Cohort is to develop the technology requirements applicable to FAA-qualified remote ID UAS service suppliers.

What's next?

Remote ID is the next step to enable safe, routine drone operations across our nation. This capability will enhance safety and security by allowing the FAA, law enforcement, and Federal security agencies to identify drones flying in their jurisdiction.

What has the FAA done?

In December 2018, the FAA issued a Request for Information (RFI) to establish an industry cohort to explore potential technological solutions for Remote ID.

The UAS Identification and Tracking Aviation Rulemaking Committee (ARC), chartered by the FAA in June 2017, submitted its report and recommendations (PDF) to the agency on technologies available to identify and track drones in flight and other associated issues.

Latest Update on Remote ID

During the Drones Safety Awareness Week, the FAA and AUVSI jointly offered the webinar "National Drone Safety Awareness Week: Remote ID Compliance Strategy" on September 16, 2021. The webinar discussed how the new rules regarding Remote ID will impact the industry and create safer skies for all. The webinar also discussed how the industry is reacting to the coming new roles to ensure compliance for the short and long-term. You can watch the recording of the session on YouTube. You can also review the presentation slides posted on CANVAS.

FAA Policy on Remote ID Enforcement: Drone pilots were originally expected to comply with the September 16, 2023, compliance date for Remote ID. However, the FAA understands that some drone pilots may not be able to comply because of the limited availability of broadcast modules and the lack of approved FAA-Recognized Identification Areas. In those instances, the FAA will consider all factors in determining whether to take enforcement action through March 16, 2024. Access the Federal Register to read the full policy.

In this section, you are expected to develop and submit the required materials for the COA or Part of 107 waiver application for the platform you selected in the activities of Lesson 1. It is helpful to review previously submitted COA or Part 107 waiver applications available on the FAA website before populating your own documentation, so you can become familiar with the format, required materials, and depth of information. The following is a brief list about the materials you may need in order to complete the COA or Part 107 waiver application for your platform:

1. Aircraft system
2. Communications
3. Ground Control station
4. Emergency procedures
5. Flight operations area
6. Launch and recovery
7. Lost communications
8. Lost link mission
9. Operator and visual observers

Make sure to incorporate risk mitigation strategies and address the integration of automation and autonomy in your system in the various sections as appropriate. More details on the information required for a COA or Part 107 waiver application can be found in the template provided. The link to the FAA site provided above also provides plenty of examples on COA and Part 107 waiver applications.

Summary

Congratulations! You've finished Lesson 7, Aviation Regulatory and Certificate of Authorization Process (COA). I hope you digested the materials very well, as they are essential to understanding the circumstances of operating any UAS in the U.S. The exercise of developing your own COA or Part 107 waiver application will enable you to manage a UAS operation, as it has provided you with crucial knowledge about logistics and safety concerns regarding UAS operations. The exercise not only had provided you with FAA rules and regulations, but has also given the necessary technical knowledge about different sub-systems of the UAS.

Final Tasks