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14 February 2007
[Federal Register: February 13, 2007 (Volume 72, Number 29)]
[Rules and Regulations]
[Page 6689-6690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe07-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
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[[Page 6689]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2006-25714; Notice No. 07-01]
Unmanned Aircraft Operations in the National Airspace System
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of policy; opportunity for feedback.
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SUMMARY: This document clarifies the FAA's current policy concerning
operations of unmanned aircraft in the National Airspace System.
FOR FURTHER INFORMATION CONTACT: Kenneth D. Davis, Manager, Unmanned
Aircraft Program Office, Aircraft Certification Service, Federal
Aviation Administration, 800 Independence Avenue, SW., Washington, DC
20591, (202) 385-4636, e-mail: kenneth.d.davis@faa.gov.
Background
Simply stated, an unmanned aircraft is a device that is used, or is
intended to be used, for flight in the air with no onboard pilot. These
devices may be as simple as a remotely controlled model aircraft used
for recreational purposes or as complex as surveillance aircraft flying
over hostile areas in warfare. They may be controlled either manually
or through an autopilot using a data link to connect the pilot to their
aircraft. They may perform a variety of public services: Surveillance,
collection of air samples to determine levels of pollution, or rescue
and recovery missions in crisis situations. They range in size from
wingspans of six inches to 246 feet; and can weigh from approximately
four ounces to over 25,600 pounds. The one thing they have in common is
that their numbers and uses are growing dramatically. In the United
States alone, approximately 50 companies, universities, and government
organizations are developing and producing some 155 unmanned aircraft
designs. Regulatory standards need to be developed to enable current
technology for unmanned aircraft to comply with Title 14 Code of
Federal Regulations (CFR).
The Federal Aviation Administration's current policy is based on
whether the unmanned aircraft is used as a public aircraft, civil
aircraft or as a model aircraft.
Unmanned Aircraft Systems Operating as Public Aircraft
The most common public use of unmanned aircraft today in the United
States is by the Department of Defense. U.S. operations in Iraq,
Afghanistan and elsewhere have fueled a huge increase in unmanned
aircraft demand. In Iraq alone, more than 700 unmanned aircraft are in
use for surveillance and weapons delivery.
Other agencies have also found public uses for unmanned aircraft.
For example, the Customs and Border Protection uses them to patrol
along the US/Mexican border. In the future, unmanned aircraft could be
used to provide first responder reports of damage due to weather or
other catastrophic causes.
In response to this growing demand for public use unmanned aircraft
operations, the FAA developed guidance in a Memorandum titled
``Unmanned Aircraft Systems Operations in the U.S. National Airspace
System--Interim Operational Approval Guidance'' (UAS Policy 05-01). In
this document, the FAA set out guidance for public use of unmanned
aircraft by defining a process for evaluating applications for
Certificate(s) of Waiver or Authorization (COA's) for unmanned aircraft
to operate in the National Airspace System. The concern was not only
that unmanned aircraft operations might interfere with commercial and
general aviation aircraft operations, but that they could also pose a
safety problem for other airborne vehicles, and persons or property on
the ground. The FAA guidance supports unmanned aircraft flight activity
that can be conducted at an acceptable level of safety. In order to
ensure this level of safety, the operator is required to establish the
Unmanned Aircraft System's (UAS) airworthiness either from FAA
certification, a DOD airworthiness statement, or by other approved
means. Applicants also have to demonstrate that a collision with
another aircraft or other airspace user is extremely improbable as well
as complying with appropriate cloud and terrain clearances as required.
Key to the concept are the roles of pilot-in-command (PIC) and
observer. The PIC concept is essential to the safe operation of manned
aircraft. The FAA's UAS guidance applies this PIC concept to unmanned
aircraft and includes minimum qualifications and currency requirements.
The PIC is simply the person in control of, and responsible for, the
UAS. The role of the observer is to observe the activity of the
unmanned aircraft and surrounding airspace, either through line-of-
sight on the ground or in the air by means of a chase aircraft. In
general, this means the pilot or observer must be, in most cases,
within 1 mile laterally and 3,000 feet vertically of the unmanned
aircraft. Direct communication between the PIC and the observer must be
maintained at all times. Unmanned aircraft flight above 18,000 feet
must be conducted under Instrument Flight Rules, on an IFR flight plan,
must obtain ATC clearance, be equipped with at least a Mode C
transponder (preferably Mode S), operating navigation lights and / or
collision avoidance lights and maintain communication between the PIC
and Air Traffic Control (ATC). Unmanned aircraft flights below 18,000
feet have similar requirements, except that if operators choose to
operate on other than an IFR flight plan, they may be required to pre-
coordinate with ATC.
The FAA has issued more than 50 COA's over the past 2 years and
anticipates issuing a record number of COA's this year.
For more information, Memorandum on UAS Policy (05-01) and other
policy guidance is available at the FAA Web site: http://www.faa.gov/uas
.
Unmanned Aircraft Systems Operating as Civil Aircraft
Just as unmanned aircraft have a variety of uses in the public
sector, their application in commercial or civil use is equally
diverse. This is a quickly growing and important industry. Under FAA
policy, operators who wish to fly an unmanned aircraft for civil use
must
[[Page 6690]]
obtain an FAA airworthiness certificate the same as any other type
aircraft. The FAA is currently only issuing special airworthiness
certificates in the experimental category. Experimental certificates
are issued with accompanying operational limitations (14 CFR 91.319)
that are appropriate to the applicant's operation. The FAA has issued
five experimental certificates for unmanned aircraft systems for the
purposes of research and development, marketing surveys, or crew
training. UAS issued experimental certificates may not be used for
compensation or hire.
The applicable regulations for an experimental certificate are
found in 14 CFR 21.191, 21.193, and 21.195. In general, the applicant
must state the intended use for the UAS and provide sufficient
information to satisfy the FAA that the aircraft can be operated
safely. The time or number of flights must be specified along with a
description of the areas over which the aircraft would operate. The
application must also include drawings or detailed photographs of the
aircraft. An on-site review of the system and demonstration of the area
of operation may be required. Additional information on how to apply
for an experimental airworthiness certificate is available from Richard
Posey, AIR-200, (202) 267-9538; e-mail: richard.posey@faa.gov.
Recreational/Sport Use of Model Airplanes
In 1981, in recognition of the safety issues raised by the
operation of model aircraft, the FAA published Advisory Circular (AC)
91-57, Model Aircraft Operating Standards for the purpose of providing
guidance to persons interested in flying model aircraft as a hobby or
for recreational use. This guidance encourages good judgment on the
part of operators so that persons on the ground or other aircraft in
flight will not be endangered. The AC contains among other things,
guidance for site selection. Users are advised to avoid noise sensitive
areas such as parks, schools, hospitals, and churches. Hobbyists are
advised not to fly in the vicinity of spectators until they are
confident that the model aircraft has been flight tested and proven
airworthy. Model aircraft should be flown below 400 feet above the
surface to avoid other aircraft in flight. The FAA expects that
hobbyists will operate these recreational model aircraft within visual
line-of-sight. While the AC 91-57 was developed for model aircraft,
some operators have used the AC as the basis for commercial flight
operations.
Policy Statement
The current FAA policy for UAS operations is that no person may
operate a UAS in the National Airspace System without specific
authority. For UAS operating as public aircraft the authority is the
COA, for UAS operating as civil aircraft the authority is special
airworthiness certificates, and for model aircraft the authority is AC
91-57.
The FAA recognizes that people and companies other than modelers
might be flying UAS with the mistaken understanding that they are
legally operating under the authority of AC 91-57. AC 91-57 only
applies to modelers, and thus specifically excludes its use by persons
or companies for business purposes.
The FAA has undertaken a safety review that will examine the
feasibility of creating a different category of unmanned ``vehicles''
that may be defined by the operator's visual line of sight and are also
small and slow enough to adequately mitigate hazards to other aircraft
and persons on the ground. The end product of this analysis may be a
new flight authorization instrument similar to AC 91-57, but focused on
operations which do not qualify as sport and recreation, but also may
not require a certificate of airworthiness. They will, however, require
compliance with applicable FAA regulations and guidance developed for
this category.
Feedback regarding current FAA policy for Unmanned Aircraft Systems
can be submitted at http://www.faa.gov/uas. (Scroll down to the bottom
of the page and find Contact UAPO. Click into this link.)
Issued in Washington, DC, on February 6, 2007.
Nicholas Sabatini,
Associate Administrator for Aviation Safety.
[FR Doc. E7-2402 Filed 2-12-07; 8:45 am]
BILLING CODE 4910-13-P