Part 107 - What does it buy me?

[redjr]

I'm confused on what a Part 107 does for me. I'm not in the hobby for commercial reasons (even though some day I may post some to YouTube), I simply want to fly recreationally. When using Air Map I notice when you select Part 107, almost all the smaller airports and heliports get turned off. What kind of restrictions are then placed on the flyer. As it stands now I can't even go out on my deck and check out some flight mode because I'm 2 miles from a small muni airport.

I'm sure with a little study I could pass the Part 107 certification, so that's not an issue nor is the fee.

Thx.

 

[TheoMatthias]

As posted in the "Northeast USA" sub-forum (sorry for the cross-post!)

Flying as 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.

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:

1. 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.
   
   
2. 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

 

[TheoMatthias]

Regarding the small airports and heliports disappearing:

It stands to reason that any "uncontrolled" airport and helipad would disappear as warnings to Part 107 pilots. Remember, Part 107 pilots DO NOT need notify the tower of any controlled airport whose geographical center is located within 5 statute miles of your nearest sUAS flight extents.

1. As a Part 101/AMA pilot, your requirement to notify airports pertains to only controlled airports (airports with a tower). A controlled airport is shown on a VFR sectional as a blue circle. Uncontrolled airports (without a tower) are shown in magenta. My guess is that your "smaller" airports that disappeared are either uncontrolled (magenta) or controlled (blue) but are outside the 5-mile radius. You can check the VFR sectionals to verify this by going HERE.
   
   
2. Helipads are not typically controlled and not typically located in controlled airspace. There is one near me that is located under a Class Charlie shelf but the shelf does not start until 2,900'.

With all this being said, SAFETY is still a major consideration in sUAS operations whether flying under Part 101/AMA or Part 107. So, even if you are conducting Part 107 sUAS operations near a busy controlled or uncontrolled airport/heliport, it is always a good idea to either:

1. Phone the controlled airport you will be flying near just as a courtesy (can't hurt our image as sUAS pilots!);
   
   
2. Carry a VHF radio to monitor the CTAF(Common Traffic Advisory Frequency) and/or tower frequency as an aid to your SA (situational awareness).

Finally, I absolutely DO NOT trust helicopters to stay above the 500-ft floor...especially military helicopters; I give them a very wide berth. On a recent GA flight, I was climbing-out about a 1/2 mile from an uncontrolled airport and spotted a Blackhawk off my port side at my same altitude. I immediately took evasive maneuvers and followed with a CTAF transmission. Silence. Then, about an hour or two later, I was flying the downwind leg of my approach pattern (~800 - 600ft) to the same airport and noticed a Blackhawk (same?) hovering at about 100-150' above the ground near the base leg of the approach. Again, CTAF transmission followed by silence. Note that I was in the traffic pattern for an uncontrolled airport NOT located in a designated MOA (Military Operations Area)!

Obviously, safety would dictate that the Blackhawk should NOT be flying in and around an uncontrolled airport's traffic pattern AND that they should have a radio tuned to the CTAF of that airport!

LESSON: Always be striving for maximum situational awareness because you cannot depend on the other pilot(s) to adhere to the regulations.

 

[redjr]

Theo, Thanks for this information. Having the Part 107 will just make it easier to 'go fly'! I have no intentions of even coming close to the airspace extents, but with all the 'restricted' circles showing up in AirMap - at least where I live - I was really getting frustrated about this hobby because I do fly safe and responsibly. But if it's a pain to go and fly just about anywhere, why bother!? I'm going to study for the 107 certification as that will be a big help in enjoying the hobby! It would really be nice to have vast and wide open places to explorer, but I don't live out West!

 

[TheoMatthias]

Right, redjr!

I'm in the same situation; no Class Golf anywhere around where I am! Also, having the Part 107 will give you some options for the future should you decide to take on some jobs to afford that Inspire 2 you've been angling for.

Theo

 

[redjr]

I can hope, but I'm not that good with taking videos yet. What part of the country? NE too?

Rick

 

[TheoMatthias]

Yup. Western MA.

 

[redjr]

Theo -

I read something in another thread tonight that has me a bit more confused on this Part 107, or at least I need more clarification on. So, I though I would go back and re-read your posts from couple weeks ago. Sorry if I'm being dense about this, but I don't think I'm fully understanding your use of the word 'extents'. See red text below.

You mentioned above the following...

1. 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.

So, is the airports 'extents' inside the 5-mile radius? If that is the case, then having the Part 107 would mean I would still have to apply for a waiver 90-days in advance of flying inside the 5-mile radius? If my home is 2-miles from the airport, I would need to apply for a waiver to fly in my front yard?

Rick

 

[TheoMatthias]

Rick,

"Extents" may have been too vague here. Let's use the proper term "airspace". So, as a Part 107 pilot, I do not need to advise the operator/tower if I am conducting operations inside the 5-mile radius as long as I do not enter the specific airport's airspace. However, if I DO plan to operate inside the airspace, I need to get a waiver in advance from the FAA.

I'm in a area where the radius of Class Delta airspace (SFC => 2800) of a nearby airport extends out 5nm (5.7 sm) from the airport's center. In this case, the only way I could fly within 5sm of the airport during its hours of operation is to apply for a waiver under Part 107. With a Part 101, I do not have the option to apply for a waiver.

 

[redjr]

Rick,

"Extents" may have been too vague here. Let's use the proper term "airspace". So, as a Part 107 pilot, I do not need to advise the operator/tower if I am conducting operations inside the 5-mile radius as long as I do not enter the specific airport's airspace. However, if I DO plan to operate inside the airspace, I need to get a waiver in advance from the FAA.

I'm in a area where the radius of Class Delta airspace (SFC => 2800) of a nearby airport extends out 5nm (5.7 sm) from the airport's center. In this case, the only way I could fly within 5sm of the airport during its hours of operation is to apply for a waiver under Part 107. With a Part 101, I do not have the option to apply for a waiver.

This is my Fly for Fun airmap. This is the map for Part 107 (you have to select Part 107 from the menu - What's Your Mission)

So, does the large circle around the Danbury airport constitute airspace, or airport extents when viewing the Part 107 link?

 

[TheoMatthias]

Sorry this answer is so long...

I'm not quite sold on the many non-FAA generated mapping tools. I have no idea what the "Fly for Fun" airmap is trying to convey.

I strongly suggest that you use a FAA VFR Sectional map when reviewing Airspace. These are the maps referred to by both professional and private pilots and can be easily referenced on SkyVector.com.

Below is a screenshot of the Danbury airport from the New York Sectional. Let's use this for reference.

The blue dashed circle around KDXR defines Class Delta Airspace which appears to be in a 6nm radius around the airport center. The 30 in the box to the left of the word "Danbury" means the Airspace starts at the surface and extends upward in a cylinder to the 3,000-ft level. Flying as a Part 101 pilot, you would not be allowed to fly at all in that cylinder (however, see below) when the tower is in operation. As a Part 107 pilot, however, you can apply for a waiver to fly in the airspace. You may be approved for the waiver providing that your proposed operations have detailed safety contingencies to protect all users of that Airspace.

Since the Class Delta Airspace has a larger radius than 5 statute miles from the geographical center of the airport (6 nautical miles = about 6.9 statute miles), a Part 101 pilot would not be able to fly within the blue dashed circle. However you can fly in the Putnam Lake area outside the Class Delta circle.

Now, to bring up another issue. The KDXR Class Delta Airspace exists only when the KDXR tower is in operation. A quick lookup in the Chart Supplement (the old Airport Facility Directory, see below) shows that the tower is in operation from 8:00 am to 11:00 pm. When closed, the Airspace that was Class Delta reverts to Class Golf between the surface a 700-ft until the tower opens at 8:00 am.

So.....you can fly in the airspace before the tower opens. In this case, I (personally) would want to notify the operator/tower via email 24-hours before my operations. This would be my personal preference regarding an advanced courtesy notice even though I might be greater than 5sm out from the airport center.

Finally, I have always felt that, within reason, being communicative (off-frequency) about your intentions in NAS is a good thing. I don't need to be guaranteed a response in order to make it worth my time to communicate with a tower or an operator. Nothing brought that home more than spending a afternoon on the operations deck of a local Class Delta tower. This was a regional and ANG airbase and it was minutes of idle time followed by moments of fast-paced communication and decision making. The tower operators seem to appreciate the communication though they are usually too busy to respond to it in real time. I did notice a couple of hand-written notices posted next to their stations.

Hope this helps,

Theo

 

[redjr]

Theo - Thanks for the reply. This is making more sense now. BTW, I've got a New York Sectional map coming. I've been introduced to them while studying for the Part 107 Certification. Now I just need to learn to read them! I have also contacted the tower manager at KDXR and we've communicated via email a few weeks back. He's invited me to stop by some day and offered to show me their operation. For normal flying, I have no intention to fly 2 miles from the runway for obvious reasons. I somehow thought that Part 107 would relax the 5-mile radius rule.

I also think there's some language in the regulation that specifies airports with control towers specifically that must be contacted. When you select Part 107 flying in Airmap, all the heliports airspace boundaries dis-appear. I guess most of them don't have managed 'control towers'. From many posts on the forum many pilots don't even bother contacting them.

So, what this means to me is that to be in compliance with the regulation I must contact the tower to fly within the 5 mile radius, or find an area outside of that boundary. That's the challenge. Or get a pre-dawn start! I think I will still go for my Part 107 certification. I've been doing the practice questions and it doesn't seem to bad and I think I could pass it.

Rick

 

[TheoMatthias]

IMHO, there is no downside to going for your Part 107 certificate (except, perhaps, the cost). I think the additional knowledge gained in your studies will help you to fly safer operations. For me, both Part 61 and 107 studies opened up a whole world of aviation knowledge and principles that I find fascinating!

If you are a member of AOPA, you can get $10 off the $150 fee for the CATS test. And, if I recall, you can join AOPA with a free student membership in order to get that discount.

Theo

 

[firepilot]

Hi there,

I am a new guy here, but a full time commercial helicopter pilot operating in class Delta airspace daily. My understanding is that to operate commercially under part 107 in the class D surface area during hours of operations an airspace authorization is required. I have taken the test, and have a remote pilot certificate added to my ratings.

To operate as a hobbyist under part 101 with the exception of the 1nm radius from the geographical center of the airport you need only notify the tower of your operation. We have great controllers in our class D airspace. When I want to fly as a hobbyist as I am still learning and practicing I call them on the phone. They appreciate knowing I will be flying and just ask to give a call when I am finished. They appreciate the communication and are looking for my airspace authorization to come through and will assist if they can. Until then no commercial ops in the class D airspace.

Again I am a part 107 new guy, but I am also the Assistant Chief pilot of a helicopter Operator with 12 helicopters and 14 pilots. We deal with the FAA a great deal, and are not wanting to get sideways over this aspect.

Here is the language from the FAA website regarding flying in controlled airspace as a hobbyist.

Option #1. Fly in accordance with the Special Rule for Model Aircraft (Public Law 112-95 Section 336). Under this rule, operators must:

1. Fly for hobby or recreational purposes only
2. Follow a community-based set of safety guidelines
3. Fly the UAS within visual line-of-sight
4. Give way to manned aircraft
5. Provide prior notification to the airport and air traffic control tower, if one is present, when flying within 5 miles of an airport
6. Fly UAS that weigh no more than 55 lbs. unless certified by a community-based organization

Phil

 

[FLYBOYJ]

Hi Phil;

A bit of a quagmire. As a hobbyist you could operate in airspace controlled by a tower (as you mentioned) but under Part 107 you can't, you need an airspace waiver under 107.41 (Beyond the Basics). There's a class D airport close to where I live that has a call in line where you identify yourself then record the time and place you're going to fly as a hobbyist. If they have issues, you'll get a phone call from them.

At the same token if you're flying as a hobbyist within 5 miles of a class G airport, you have to call that airport and give them notification under 101.41(e). If your flight is under Part 107 you don't. You could be out testing your equipment for a future Part 107 flight and I don't think there could be an argument to say otherwise.

As you can see the FARs in this case can somewhat be manipulated to suit your needs. I recommend maintaining a sUAV logbook. Hope this helps!

BTW what kind of helicopters are you operating? I used to maintain UH-1s and A Stars in another life.

 

[firepilot]

Hi There,

We are just feeling the market out and seeing if it fits to incorporate UAS services into our present operations. It does take a bunch of time to figure out what you can and can't do. The FAR's on the manned aircraft side just keep getting more and more complicated. Its good to see the progress being made to safely incorporate the UAS side into the NAS.

We operate a fleet of Bell helicopters. 205 A1++, 407's, 206L-3 and 4 and a trusty old Jet Ranger. Our primary mission is natural resource work, fire fighting, prescribed fire, and other utility operations.

Just want to make sure I am understanding things correctly. So far my local tower has been really good to work with. I am waiting for my airspace waiver/authorization, but have been flying a fair amount for practice in the class D, with tower coordination. So far no commercial operations.

I have seen a ton of information as I am researching that is out dated, or just inaccurate. There is lots of good information out there as well. As always things change and you have to know where to find the current information.

Fly safe

Phil

 

[Kodpkd]

I. Executive Summary A. Purpose of the Regulatory Action This rule finalizes the notice of proposed rulemaking entitled Operation and Certification of Small Unmanned Aircraft Systems1 (the NPRM). The NPRM proposed operating and certification requirements to allow small unmanned aircraft systems (small UAS) to operate for non-hobby and non-recreational purposes.2 A small UAS consists of a small unmanned aircraft (which, as defined by statute, is an unmanned aircraft weighing less than 55 pounds3 ) and equipment necessary for the safe and efficient operation of that aircraft. The FAA has accommodated non-recreational small UAS use through various mechanisms, such as special airworthiness certificates, exemptions, and certificates of waiver or authorization (COAs). This rule is the next phase of integrating small UAS into the NAS.

The underlined section..... To operate for NON-HOBBY and NON-RECREATIONAL purpose. So if you are just a hobby guy, or recreation guy, these rules DON'T apply. Does anybody else read this, this way.

 

[FLYBOYJ]

I. Executive Summary A. Purpose of the Regulatory Action This rule finalizes the notice of proposed rulemaking entitled Operation and Certification of Small Unmanned Aircraft Systems1 (the NPRM). The NPRM proposed operating and certification requirements to allow small unmanned aircraft systems (small UAS) to operate for non-hobby and non-recreational purposes.2 A small UAS consists of a small unmanned aircraft (which, as defined by statute, is an unmanned aircraft weighing less than 55 pounds3 ) and equipment necessary for the safe and efficient operation of that aircraft. The FAA has accommodated non-recreational small UAS use through various mechanisms, such as special airworthiness certificates, exemptions, and certificates of waiver or authorization (COAs). This rule is the next phase of integrating small UAS into the NAS.

The underlined section..... To operate for NON-HOBBY and NON-RECREATIONAL purpose. So if you are just a hobby guy, or recreation guy, these rules DON'T apply. Does anybody else read this, this way.

That's to operate under Part 107. You're posting the NPRM, not the full regulation.

 

[TheoMatthias]

Hobby/Recreation use (flying model aircraft) is covered by:

1. Definition of Model Aircraft: Public Law 112-95, Section 336
2. FAA Regulations for Model Aircraft: CFR-14, Chapter I, Subchapter F, Part 101 Sections 41 & 43
3. An often-referenced example of a "Community-based Set of Guidelines": Academy of Model Aeronautics Aircraft Safety Code

Note that Part 101 includes Section 43, which could give the FAA a very broad license to come after you if your actions "endanger the safety of the national airspace system." Remember that the moment your drone takes off, it is in the "national airspace system."

HTH,

Theo

 

[Kodpkd]

I guess a government official could say a rock thrown into the air was a UAS - AIRCRAFT. You violated the US airspace system. FAR 101 basically says not to fly your model within 5 miles of an airport, and be careful.

FAR 107 doesn't include models.... It EXCLUDES FAR 101 models


§107.1 Applicability.
(a) Except as provided in paragraph (b) of this section, this part applies to the registration, airman certification, and operation of civil small unmanned aircraft systems within the United States.

(b) This part does not apply to the following:

(1) Air carrier operations;

(2) Any aircraft subject to the provisions of part 101 of this chapter; or

(3) Any operation that a remote pilot in command elects to conduct pursuant to an exemption issued under section 333 of Public Law 112-95, unless otherwise specified in the exemption.

Back to Top