TAPS 49 th Annual Conference & Exhibition FAA Regulations for UAS Operations

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1 TAPS 49 th Annual Conference & Exhibition FAA Regulations for UAS Operations 10 March 2017, Murfreesboro, TN George Southard

2 Introduction George Southard: Master s Degree in Photogrammetry and Cartography 40 years working in the mapping industry Owner GSKS Associates LLC Consulting for the Geomatics Profession

3 Definition of Terms Unmanned Aerial Vehicle. (UAV) An aircraft which is intended to operate with no pilot on board. Unmanned Aircraft System. (UAS) An unmanned aircraft and its associated elements which are operated with no pilot on board. Remotely-Piloted Aircraft System (RPAS). A set of configurable elements consisting of a remotely-piloted aircraft, its associated remote pilot station(s), the required command and control links and any other system elements as maybe required, at any point during flight operation.

4 Drones Vs. UAVs What is the difference? Both are airborne flying vehicles that are designed to be flown without a human pilot on board the aircraft Drone The term drone carries a connotation of being an unmanned vehicle used for military or spy operations. (The term Drone is not recognized or used by the FAA.) UAV/UAS Is perceived as being an unmanned aerial vehicle (or system) used for civilian purposes.

5 A Little History o The first powered UAV was developed in 1916 and was to be a guided missile, but the work stopped on the project after the end of WWI. o Nearly all UAV development from 1916 to 2010 was for military and security/intelligence purposes. o The first non-military uses for UAVs include: boarder patrolling, search & rescue, atmospheric R&D, photo reconnaissance, etc. These users converted military drones for civilian use. o Remote controlled (RC) aircraft have been developed and used by hobbyist since the early 1930s. o The Academy of Model Aeronautics, based Indiana, and founded in 1936, is dedicated to the promotion of model aviation as a recreational activity.

6 Update on US Regulatory Situation Current FAA regulations regarding UAS in the National Air Space AC PURPOSE. This advisory circular outlines, and encourages voluntary compliance with, safety standards for model aircraft operators DOT Docket No. FAA 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 AC91-57 only applies to modelers, and thus specifically excludes its use by persons or companies for business purposes.

7 FAA Rule Making Process Sausage Making a long, messy process, requiring good skill and a bad sense of smell.

8 UAS Rulemaking Process The Process: How we got 14 C.F.R. part 107 (Part 107): o Proposed rule sets were developed by ASTM or RTCA o These rules are presented to the FAA o The FAA reviews and amends the rules as they see fit o The amended rule set is released to the public for comment via the Notice of Proposed Rule Making (NPRM) o Following the public notice period the rule is once again reviewed and amended o This amended rule set is circulated through several interested federal agencies, i.e. DOD, FCC, DOT, OMB etc. o Once cleared by the agencies then the rule set is activated and becomes a standard FAA operating regulation o This process took years to complete

9 UAS Rulemaking Process 2008 FAA created an Aviation Rulemaking Committee (ARC) to begin the process of creating a set of operating rules for the uses of small UAS for commercial operations in the National Air Space (NAS) 2010 FAA contracted with ASTM and RTCA to research issues and solutions to development and implementation of operating rules for commercial UAV operations FAA Modernization and Reform Act of 2012 signed into law. This was the reauthorization for the FAA to continue operating. Congress included: Subsection B, Sec Integration of Civil Unmanned Aircraft Systems into National Airspace System. Section 333. included rules allowing commercial operators to apply for temporary authority to do limited commercial operations. More that 3000 such exemptions were awarded between November 2014 and August 2016.

10 UAS Rulemaking Process April 2012 the FAA authorized the ASTM the right to work on rules aimed at the safe integration of suas into the National Airspace System (NAS). ASTM established committee F-38 as the standing committee to perform this function. This committee consists of 120 industry, governmantal and acedemic experts specializing in small UAS FAA began inviting various industry groups and specific companies to brief their UAS Integration Office on UAS operations for thier industries. This included Trimble, Inc. and MAPPS FAA was interested in ideas from organizations/industries whose members were licenced professionals.

11 Final Rule Adopted and Released 14 C.F.R. part 107 (Part 107) became effective as of August 29, o This regulation governs the use of small UAS for commercial operations o Part 107 does NOT apply to: Model aircraft; Operations conducted outside U.S.; Amateur rockets; Moored balloons; Unmanned free balloons; Kites; Public aircraft operations; or Air carrier operations

12 PART Summary There are basically four sections in the regulation: FAA News Part 107 Summary (on FAA web site) 1. Aircraft System Requirements 2. suas Pilot in Charge 3. Operational Limitations 4. Waivers

13 Aircraft System Requirements

14 Aircraft System Requirements All suas operating pursuant to Part 107 must be registered prior to operation. Total aircraft weight cannot exceed 55lbs., including fuel, batteries and cargo (such and camera). No FAA Airworthiness Certification (AWC) required in Part 107. However! o o o Quality UAS Manufactures either have, or are working toward, AWC Most consumer mfg. not interested in AWC. AWC adds costs to UAS, but: Improves insurability Adds marketing credibility Reduces legal exposure

15 Pilot in Charge (PIC) requirements Remote Pilot Certification A person applying for a remote pilot certificate with an suas rating must meet and maintain the following eligibility requirements, as applicable: Be at least 16 years of age; Be able to read, speak, write, and understand the English language; Be in a physical and mental condition that would not interfere with the safe operation of an suas; and Pass the initial aeronautical knowledge test at an FAA-approved knowledge testing center.

16 Remote Pilot Certification However, a person who already holds a pilot certificate under Part 61 is only required to successfully complete a Part 107 online training course, found at

17 Remote Pilot Certification Initial suas PIC Knowledge Test Aeronautical knowledge topics: Applicable regulations relating to suas privileges, limitations, and flight operation; Airspace classification and operating requirements, and flight restrictions affecting small UA operation; Aviation weather sources and effects of weather on small UA performance; Small UAS loading and performance; Emergency procedures; Crew Resource Management (CRM); Radio communication procedures; Determining the performance of the small UAS;

18 Remote Pilot Certification Initial suas PIC Knowledge Test, (cont.) Aeronautical knowledge topics: Physiological effects of drugs and alcohol; Aeronautical decision-making (ADM) and judgment; Airport operations; and Maintenance and preflight inspection procedures. Study Guide FAA-G

19 Remote Pilot Certification Recurrent Testing/Training After an individual receives a remote pilot certificate with an suas rating, that person must pass a recurrent aeronautical knowledge test within 24 calendar-months and every 24 months thereafter.

20 Remote Pilot Certification Recurrent Testing The recurrent knowledge test covers the following areas: Applicable regulations relating to suas rating privileges, limitations, and flight operation; Airspace classification and operating requirements and flight restrictions affecting small UA operation; Emergency procedures; Crew Resource Management (CRM); Aeronautical decision-making and judgment; Airport operations; and Maintenance and preflight inspection procedures.

21 Pilot in Charge (PIC) Operations Requirements o Remote Pilot in Charge (PIC) of a suas is: directly responsible during all operations of suas the final authority for the operational safety of the suas. o The remote PIC must have a valid pilot certificate with a suas rating issued by FAA o A person who does not hold a remote pilot certificate may operate the UAS under Part 107, as long as he or she is directly supervised by a remote PIC and the remote PIC has the ability to immediately take direct control of the suas. o OIC may choose to use a visual observer to aid in an suas operation. The remote PIC and visual observer must be able to effectively communicate at all times both must have the ability to obtain visual line of sight of the suas at all times.

22 Pilot in Charge (PIC) Operations Requirements Autonomous Operations o Autonomous operation is allowed under Part 107. o During automated flight, the remote PIC must also have the ability to change routing/altitude or command the aircraft to land immediately. o The remote PIC must be able to satisfactorily avoid a hazard or give right of way to other aircraft. o The use of automation does not allow a person to simultaneously operate more than one suas at a time.

23 Pilot in Charge (PIC) Operations Requirements Physical and Mental Condition The PIC and/or Visual Observer may not participate in the operation of an suas if: o They know or have reason to know that they have a physical or mental condition that could interfere with the safe operation of the suas. o They have temporary or permanent loss of the dexterity necessary to operate the control station to safely control the suas; o They are unable to maintain the required see and avoid vigilance due to blurred vision; o They are unable to maintain proper situational awareness of the suas due to illness and/or medication(s) (such as after taking medications with cautions not to drive or operate heavy machinery); o They have a debilitating physical condition, such as a migraine headache or severe body ache(s) or pain(s) that would render the remote PIC or visual observer unable to perform suas operational duties; o They have a hearing or speaking impairment that would inhibit PIC and visual observer from effectively communicating with each other.

24 Pilot in Charge (PIC) Operations Requirements Operation While Impaired Part 107 prohibits an individual from serving as a remote PIC or visual observer if he or she: Consumed any alcoholic beverage within the preceding 8 hours; Is under the influence of alcohol; Has a blood alcohol concentration of 0.04% or greater; and/or Is using a drug that affects the person s mental or physical capabilities, including marijuana. Certain medical conditions, such as epilepsy, may also impair an individual s ability to safely operate an suas, and it is the remote PIC s responsibility to ensure that any such medical condition is under control and the individual can safely conduct an suas operation.

25 UAS Operation Limitations

26 UAS Operation Limitations Cannot be flown faster than a groundspeed of 87 knots (100 mph); Cannot be flown higher than 400 feet AGL, unless flown within a 400-foot radius of a structure and does not fly higher than 400 feet above the structure s uppermost limit; Minimum visibility, as observed from the control station, may not be less than 3 statute miles; and Minimum distance from clouds cannot be less than 500 feet below a cloud and/or less than 2000 feet horizontally from a cloud. Daylight operations only: operations are not allowed between the end of evening civil twilight and the beginning of morning civil twilight. When operations are conducted during civil twilight (in the continental U.S., 30 min. before sunrise and 30 min. after sunset), the suas must be equipped with anti-collision lights. No person may operate an suas in a careless or reckless manner or so as to endanger the life or property of another. No person may allow an object to be dropped from a suas in a manner that creates an undue hazard to the life or property of another A suas may not carry hazardous material, as defined by 49 C.F.R

27 UAS Operation Limitations Visual Line of Sight (VLOS) Operation o The remote PIC and visual observer, if one is used, must be able to see the small UA at all times during flight. o Visual line of sight must be accomplished and maintained by unaided vision (with the exception or eyeglasses or contact lenses). o Vision aids (such as binoculars) may be used only momentarily to enhance situational awareness. o For operational necessity, the remote PIC may intentionally maneuver the UA so that he or she loses sight of it for brief periods of time; such as behind a building. o Should the remote PIC or person manipulating the controls lose visual line of sight of the small UA, he or she must regain visual line of sight as soon as practical. o If visual line of sight cannot be regained, the remote PIC should follow predetermined procedures for a loss of visual line of sight. o Even though the remote PIC may briefly lose sight of the small UA, he or she always has the see-and-avoid responsibilities set out in Part 107.

28 UAS Operation Limitations Operation At Or Near Airports o Unless the flight is conducted within controlled airspace, no notification or authorization is necessary to operate near an airport. o Operations 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, are not allowed unless the operator has prior authorization from air traffic control (ATC). UAS Operations allowed only in Class G airspace. o For recurring or long-term operations in a controlled airspace, prior authorization could include a letter of agreement (LOA) to identify shortfalls and establish operating procedures for suas. o A suas remote PIC must also check for NOTAMs prior to each flight to determine if there are any applicable airspace restrictions.

29 UAS Operation Limitations External Load Operations External load operations are allowed if the object being carried by the suas is securely attached and does not adversely affect the flight characteristics or controllability of the suas.

30 UAS Operation Limitations Transportation of property Transportation of property for compensation or hire is also allowed, provided that: The aircraft, including its attached systems, payload, and cargo weigh less than 55 pounds total; The flight is conducted within visual line of sight and not from a moving vehicle or aircraft; and The flight occurs wholly within the borders of a single State The requirements to maintain visual line of sight and the prohibition of operation from a moving vehicle cannot be waived. No hazardous materials can be carried by a suas under Part 107.

31 UAS Operation Limitations Preflight Inspection Before each flight, the remote PIC must inspect the suas to ensure that it is in a condition for safe operation. The preflight inspection should be conducted in accordance with the suas manufacturer s inspection procedures when available and/or an inspection procedure developed by the suas operator. Use of check lists is strongly advised. FAA Advisory Circular AC contains a 24 item list which the FAA recommends are included in a visual or functional check prior to flight.

32 UAS Operation Limitations suas Maintenance suas maintenance includes scheduled and unscheduled overhaul, repair, inspection, modification, replacement, and system software upgrades of the suas and its components necessary for flight. Though it is encouraged, there is currently no requirement in Part 107 that maintenance records be kept by the operator. suas maintenance and inspection best practices can be found in FAA Advisory Circular AC

33 UAS Operation Limitations Accident/Deviation Reporting The remote PIC is required to report an accident to the FAA within 10 days if it meets the following thresholds: A serious injury, such as an injury that requires hospitalization, but is fully reversible (including, but not limited to, head trauma, broken bone(s), or lacerations that require suturing). Damage to any property, other than the suas, if the cost is greater than $500 to repair or replace the property (whichever is lower).

34 UAS Operation Limitations Accident Reporting (cont.) The report of the operation that created the injury or damage, and may be submitted to the appropriate FAA Regional Operation Center (ROC) electronically or by phone. Reports may also be made to the nearest jurisdictional FSDO. In accordance with the criteria established by the NTSB, certain suas accidents must also be reported to the NTSB.

35 UAS Operation Limitations Emergency Authority In the case of an in-flight emergency, the remote PIC is permitted to deviate from any rule of Part 107 to the extent necessary to respond to that emergency. A remote PIC who exercises the emergency power to deviate is required, if requested by FAA, to send a written report to the FAA explaining the deviation.

36 UAS Operation Limitations Operating Over Persons Part 107 prohibits a person from flying a small UA directly over a person who is not under safe cover, such as a protective structure or stationary vehicle However, a small UA may be flown over a person who is directly participating in the operation of the suas, such as the remote PIC, other person manipulating the controls, a visual observer, or crewmembers necessary for the safety of the suas operation, as assigned and briefed by the remote PIC. This prohibition can be waived by applying for a Certificate of Waiver with the FAA.

37 UAS Operation Limitations Operation From Moving Vehicles Part 107 permits operation of an suas from a moving land or water-borne vehicle over a sparsely-populated area, but operating from a moving aircraft is prohibited. Operators transporting another person s property for compensation or hire may not operate the suas from a moving vehicle. The prohibitions concerning operating a suas from a moving vehicle can potentially be waived by applying to the FAA for a Certificate of Waiver. However, waiver is not permitted to allow operation from a moving vehicle when transporting another person s property for compensation or hire. It is considered to be inherently careless and reckless for an individual to be flying an suas while driving a moving vehicle, and, therefore, the remote PIC or person manipulating the flight controls cannot be driving the motor vehicle while operating an suas under Part 107.

38 Waivers from Part 107 Requirements

39 Waiver of Part 107 Requirements Waiver policy and requirements. (a) The Administrator may issue a certificate of waiver authorizing a deviation from any regulation specified in of this subpart if the Administrator finds that a proposed small UAS operation can be safely conducted under the terms of that certificate of waiver.

40 Waiver of Part 107 Requirements A Certificate of Waiver allows a suas operation to deviate from certain provisions of Part 107 if the FAA finds that the proposed operation can be safely conducted under the terms of the Certificate of Waiver. The application for waiver must contain a complete description of the proposed operation and a justification, including supporting data and documentation, that establishes that the proposed operation can be safely conducted under a Certificate of Waiver. Although not required, the FAA encourages applicants to submit their application at least 90 days prior to the proposed operation.

41 Waiver of Part 107 Requirements The following sections of Part 107 can be waived with a Certificate of Waiver: , Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire; , Daylight operation; , Visual line of sight aircraft operation; , Visual observer; , Operation of multiple small unmanned aircraft systems simultaneously; (a), Yielding the right of way; , Operation over people; , Operation in certain airspace;

42 Waiver of Part 107 Requirements Waivable sections of Part 107 Waivers Granted Operation from a moving vehicle or aircraft ( ) 1 Daylight operation ( ) 300 Visual line of sight aircraft operation ( ) 2 Visual observer ( ) 3 Operation of multiple unmanned aircraft systems ( ) 9 Yielding the right of way ( (a)) 0 Operation over people ( ) 1 Operation in certain airspace ( ) 0 Operating limitations for small unmanned aircraft ( ) 2 Total Waivers Approved (as of 23 Jan 2017) 318 Approximately 1200 waiver requests have been denied

43 Questions?

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Date: January 1, 2019 NEW JERSEY COUNTIES EXCESS JOINT INSURANCE FUND 9 Campus Drive, Suite 216 Parsippany, NJ 07054 Telephone (201) 881-7632 BULLETIN NJCE 19-04 To: From: Re: Fund Commissioners of NJCE