More FAA Changes

More FAA Changes mjg8 Fri, 09/20/2019 - 13:16

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POLICIES UPDATE: Section 333 of the FAA Modernization and Reform Act of 2012 was later repealed in the 2018 FAA Reauthorization Act.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.

Table 1 Summary of the Proposed Rules Making
Item	Descriptions/Instructions
Operational Limitations	Unmanned aircraft must weigh less than 55 lbs. (25 kg). Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the operator or visual observer. At all times, the small unmanned aircraft must remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses. Small unmanned aircraft may not operate over any persons not directly involved in the operation. Daylight-only operations (official sunrise to official sunset, local time). Must yield right-of-way to other aircraft, manned or unmanned. May use visual observer (VO) but not required. First-person view camera cannot satisfy “see-and-avoid” requirement, but can be used as long as requirement is satisfied in other ways. Maximum airspeed of 100 mph (87 knots). Maximum altitude of 500 feet above ground level. Minimum weather visibility of 3 miles from control station. No operations are allowed in Class A (18,000 feet & above) airspace. Operations in Class B, C, D and E airspace are allowed with the required ATC permission. Operations in Class G airspace are allowed without ATC permission. No person may act as an operator or VO for more than one unmanned aircraft operation at one time. No operations from a moving vehicle or aircraft, except from a watercraft on the water. No careless or reckless operations. Requires preflight inspection by the operator. A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS. Proposes a microUAS category that would allow operations in Class G airspace, over people not involved in the operation, and would require airman to self-certify that they are familiar with the aeronautical knowledge testing areas. Operator Certification and Responsibilities
Operational Qualifications	Pilots of a small UAS would be considered “operators”. Operators would be required to: pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center. be vetted by the Transportation Security Administration. obtain an unmanned aircraft operator certificate with a small UAS rating (like existing pilot airman certificates, never expires). pass a recurrent aeronautical knowledge test every 24 months. be at least 17 years old. make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the proposed rule. report an accident to the FAA within 10 days of any operation that results in injury or property damage. conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is safe for operation.
Aircraft Requirements	FAA airworthiness certification, not required. However, the operator must maintain a small UAS in condition for safe operation and prior to flight must inspect the UAS to ensure that it is in a condition for safe operation. Aircraft Registration required (same requirements that apply to all other aircraft). Aircraft markings required (same requirements that apply to all other aircraft). If the aircraft is too small to display markings in standard size, then the aircraft simply needs to display markings in the largest practicable manner.
Model Aircraft	Proposed rule would not apply to model aircraft that satisfy all of the criteria specified in section 336 of Public Law 112-95. The proposed rule would codify the FAA’s enforcement authority in Part 101 by prohibiting model aircraft operators from endangering the safety of the NAS.

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.