Recreational vs Commercial Airspace Question

[lgarbo]

I joined this forum just to jump onto this thread because it finally seems like the community is converging on an answer. From all my research it seems to me that under Part 101, all you are required to do is notify. HOWEVER, ATC can deny/terminate operation. (References below)

As far as I've seen, the most complete UAS rules are the ones which are issued by the FAA to the ATC/Airport Operators they're called Joint Orders. There's a whole history of them specifying FAA rules on UASes.

However, the most recent one is JO 7200.23 - Unmanned Aircraft Systems (UAS) [PDF]. The points I found important were(emphasis mine):

Chapter 2, Part B:
Termination of Operations: If it is determined that any UAS operation under Part 91, Part 101, or Part 107 may endanger the NAS, then ATC may exercise the authority to terminate the UAS operation.

Chapter 3, Part B:
Notification. Part 101 operators are required to notify the airport and ATCT, if one is operational, when operating within 5 statute miles of the airport.
1. If the facility is contacted directly and the operation poses no hazard:
a. Acknowledge the notification.
b. Do not use the word “approved” in the communication with the operator.
2. If the facility determines that a hazard exists:
a. Deny the operation .
b. State the reason for denial.


Moving on to previous JOs:
In JO 7210.881 and JO 7210.889 (the two previous orders) the documents make an important distinction that Chapters 9 and 10 respectively don't apply to hobbyists:
UAS Operations and Guidance for the ATO (Not applicable to model aircraft operations).
Subparts (c) of these chapters address Class B airspace:
UAS operations within Class B airspace.
(1) Operations in Class B will be considered on a case-by-case basis and will be flown under a standard or emergency COA.
(2) UAS must comply with the provisions of 14 CFR 91.131, unless otherwise authorized by the jurisdictional ATC facility. 5
(3) ATC must apply Class B services and procedures in accordance with 7110.65, Chapter 7, Section 9.
(4) Alternate methods to ensure separation may be established by an approved Letter of Agreement to supplement the COA.

With the info in the current order (7200.23) and the distinction in the previous orders (7210.881 and 7210.889) it seems to me that Part 101 operators are exempt from airspace classifications. However, they can be denied permission to operate if there is a risk to the NAS.

I'm not a lawyer, bureaucrat, or pilot so this conclusion is solely based on my reading of stuff on the internet. Also, if anyone has any contradictory evidence, I'd be interested to see it.

Interesting rulemaking for the future?
NOTE: certainly future speculation beyond this point

Appendix A provides some hints about potential automated authorization for even Part 107 but that process has just begun. Of particular interest is this note in the assumptions section:

a. There are portions of each facility’s airspace at very low altitudes that a sUAS could operate without impacting IFR or VFR operations.

AND

f. All UA operations that are requested at or below the altitude listed for the segment for where the flight will occur will be approved without facility coordination, however, the facility will receive a copy of the authorization.

 

[mkp2020]

I joined this forum just to jump onto this thread because it finally seems like the community is converging on an answer. From all my research it seems to me that under Part 101, all you are required to do is notify. HOWEVER, ATC can deny/terminate operation. (References below)

As far as I've seen, the most complete UAS rules are the ones which are issued by the FAA to the ATC/Airport Operators they're called Joint Orders. There's a whole history of them specifying FAA rules on UASes.

However, the most recent one is JO 7200.23 - Unmanned Aircraft Systems (UAS) [PDF]. The points I found important were(emphasis mine):

Chapter 2, Part B:
Termination of Operations: If it is determined that any UAS operation under Part 91, Part 101, or Part 107 may endanger the NAS, then ATC may exercise the authority to terminate the UAS operation.

Chapter 3, Part B:
Notification. Part 101 operators are required to notify the airport and ATCT, if one is operational, when operating within 5 statute miles of the airport.
1. If the facility is contacted directly and the operation poses no hazard:
a. Acknowledge the notification.
b. Do not use the word “approved” in the communication with the operator.
2. If the facility determines that a hazard exists:
a. Deny the operation .
b. State the reason for denial.


Moving on to previous JOs:
In JO 7210.881 and JO 7210.889 (the two previous orders) the documents make an important distinction that Chapters 9 and 10 respectively don't apply to hobbyists:
UAS Operations and Guidance for the ATO (Not applicable to model aircraft operations).
Subparts (c) of these chapters address Class B airspace:
UAS operations within Class B airspace.
(1) Operations in Class B will be considered on a case-by-case basis and will be flown under a standard or emergency COA.
(2) UAS must comply with the provisions of 14 CFR 91.131, unless otherwise authorized by the jurisdictional ATC facility. 5
(3) ATC must apply Class B services and procedures in accordance with 7110.65, Chapter 7, Section 9.
(4) Alternate methods to ensure separation may be established by an approved Letter of Agreement to supplement the COA.

With the info in the current order (7200.23) and the distinction in the previous orders (7210.881 and 7210.889) it seems to me that Part 101 operators are exempt from airspace classifications. However, they can be denied permission to operate if there is a risk to the NAS.

I'm not a lawyer, bureaucrat, or pilot so this conclusion is solely based on my reading of stuff on the internet. Also, if anyone has any contradictory evidence, I'd be interested to see it.

Interesting rulemaking for the future?
NOTE: certainly future speculation beyond this point

Appendix A provides some hints about potential automated authorization for even Part 107 but that process has just begun. Of particular interest is this note in the assumptions section:

a. There are portions of each facility’s airspace at very low altitudes that a sUAS could operate without impacting IFR or VFR operations.

AND

f. All UA operations that are requested at or below the altitude listed for the segment for where the flight will occur will be approved without facility coordination, however, the facility will receive a copy of the authorization.

Thanks for the info - it is helpful to know the guidance the FAA is providing to airport and ATC officials.

 

[P1XL]

The key is to read all requirements, not solely drone requirements.

It is absolutely absurd to think one can fly within 5 miles (which includes within 100 metres) of class C airport by merely informing the operator of the airport. Someone points out that the FAA can thence deem your flight as dangerous, but so what? The point isn't after the fact judgement, the point is safety.

I don't care if I'm "legally" wrong about this (and I'll be gobsmacked with a dash of collywobbles if I am), anyone who operates in controlled airspace w/o the express permission of the controller is a dangerous fool.

This is fundamentally incorrect. Lemme break it down for you:

Recreational

• Can fly in Class-G, At or Below 400ft, VLOS, Daytime - Anywhere not within 5mi of an airport or not inside an NFZ
• All of the above *including* within 5mi of an airport if you notify them in advance (this is pretty painless)
• Can fly in Class C,D,E, At or Below 400ft, VLOS, Daytime - With *permission* from the tower or controlling ATC facility
• Can fly in Class B, At or Below 400ft, VLOS, Daytime - With *permission from ATC and meeting transponder/awareness requirements*
• Cannot fly for business or profit in any way

Part 107

• Can fly anywhere in Class G, At or Below 400ft, VLOS, Daytime - Anywhere, Anytime, outside TFRs and NFZs - No 5-mile Restrictions
• Can fly in Class C,D,E, At or Below 400ft, VLOS, Daytime - With *permission* from controlling ATC facility or waiver to that effect
• Can fly in Class B, At or Below 400ft, VLOS, Daytime - With *permission* from ATC and *transponder requirements* in place
• Can apply for waivers to bypass almost all drone restrictions as needed, and as approved by the FAA
• Can operate commercially, for-profit, and for personal gain (Including monetized YouTube videos, government, search-and-rescue, etc)

"Model Aircraft" Exceptions

• Must be a member of a model association like the AMA
• Can fly anywhere within their pre-approved flying sites, meeting only their own regulations
• Does not grant exemption from recreational rules above except inside their pre-approved association airspace (with some limits)
• May have more restrictive rules than recreational depending on the association's rules
• Cannot fly for business or profit in any way

Other Notable Points

• Almost all restrictions can be lifted by an FAA waiver
• You are allowed to fly above 400ft within 400ft horizontally of a building or structure, up to 400ft above the top of the structure
• Most NFZs can be ignored with permission of the controlling agency - not often accomplished
• National Park Service restrictions only apply to taking off/landing/operating UAVs from their land, not overflight
• Cities, Towns, States *cannot* legally restrict UAV flight within clear, FAA-allowed airspace. They can, however, restrict takeoff, landing, and operation from public land.
• The FAA is not likely to show up on your doorstep with a fine and the cops unless you do something terrible with your UAV. They have a 'meet and warn first' methodology.
• Keep pestering your congresscritters to get rid of ridiculously low registration weights and absurd NPS rules about UAVs
• Be a good ambassador to your hobby/job - make us look good and lifting restrictions becomes easier

Sources:
https://www.faa.gov/uas/media/model_aircraft_spec_rule.pdf
https://www.faa.gov/uas/media/Part_107_Summary.pdf
Unmanned Aircraft in the National Parks (U.S. National Park Service)

I'm looking forward to updates when the ADS-B requirements go through. I'm hoping I can stick a $250 ADS-B transciever on my UAV and fly the friendlier skies when that happens(mandatory on full-sized AC by 2020).

 

[SteelFlyer]

• Must be a member of a model association like the AMA

I'm curious on this point. My reading of this issue is that you have to fly according to a community-based organization's guidelines, but I have never seen where it requires you to be a member.

 

[P1XL]

I'm curious on this point. My reading of this issue is that you have to fly according to a community-based organization's guidelines, but I have never seen where it requires you to be a member.

The entire text of the special rule in this regard is

the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

I don't know what "within the programming" means exactly, but many interpretations I've read said this means only their members, or even only within their organization's own flying sites.

Still, by any interpretation shouldn't a community - say, this forum - be able to vote on and implement their own rules and fly as a model under those rules?

Could I start a website with one other person across the country, call ourselves a nationwide organization, set up our own rules, and fly under that? And if no membership is required, can't anyone just fly using our published guidelines?

 

[AlanTheBeast]

This is fundamentally incorrect. Lemme break it down for you:

Recreational

• Can fly in Class-G, At or Below 400ft, VLOS, Daytime - Anywhere not within 5mi of an airport or not inside an NFZ
• All of the above *including* within 5mi of an airport if you notify them in advance (this is pretty painless)
• Can fly in Class C,D,E, At or Below 400ft, VLOS, Daytime - With *permission* from the tower or controlling ATC facility
• Can fly in Class B, At or Below 400ft, VLOS, Daytime - With *permission from ATC and meeting transponder/awareness requirements*

Thanks for confirming what I've been saying all along.