Would I still have to contact the tower letting them know I intend to fly within the 5-mile radius (not on the airport proper of course)? I had started another thread on this very topic, but thanks for answering it here.
In holding a Part 107 certificate, it is acknowledged that you are completely aware of all the safety considerations and best practices for proper sUAS operations. Therefore, as a Part 107 pilot, the only time you would need permission for operations near an airport would be if those operations involve the sUAS crossing into the airport's airspace extents.
As a Part 107 pilot, if you DO plan to enter the airport's airspace extents, Section 107.41 advises:
§107.41 Operation in certain airspace.
No person may operate a small unmanned aircraft 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 unless that person has prior authorization from Air Traffic Control (ATC).
In this case, "prior authorization" comes in the form of a waiver (Certificate of Waiver) to that specific CFR Section. Waiver applications are made to the FAA and may or may not be granted based on a number of airport operations factors and on the merits of your proposed plan for safe sUAS operations under the waiver status.
Subpart D—Waivers
§107.200 Waiver policy and requirements.
(a) The Administrator may issue a certificate of waiver authorizing a deviation from any regulation specified in §107.205 if the Administrator finds that a proposed small UAS operation can safely be conducted under the terms of that certificate of waiver.
(b) A request for a certificate of waiver must contain a complete description of the proposed operation and justification that establishes that the operation can safely be conducted under the terms of a certificate of waiver.
(c) The Administrator may prescribe additional limitations that the Administrator considers necessary.
(d) A person who receives a certificate of waiver issued under this section:
(1) May deviate from the regulations of this part to the extent specified in the certificate of waiver; and
(2) Must comply with any conditions or limitations that are specified in the certificate of waiver.
To summarize:
- If you are a Part 101/AMA pilot NOT holding a Part 107 Certificate, you must notify the tower of any controlled airport whose geographical center is located within 5 statute miles of your nearest sUAS flight extents. Crossing into the airport's airspace extents is NOT allowed.
- If you are a Part 107 certified pilot, you DO NOT need to notify the tower. In addition, a Part 107 pilot *may* be allowed to conduct operations that cross into the airport's airspace extents, but only if prior written approval has be granted in the form of a waiver to Section 107.41.
For references to other Part 101 and Part 107 regulations, go to the electronic CFR
HERE. IMHO, it's a handy site to bookmark on the device you use for sUAS flight.
Theo