Air Traffic Organization Policy

One of the most frequent frustrations for commercial drone operators has been the circular “activity” that flight in Class C or D airspace has been.

The FAA tells the operators that operation within Class C and D airspace requires approval from the ATC facility that controls that airspace, yet the ATC Towers have been told that no procedure exists to permit UAS flight. Are we having fun yet?

The FAA has issued a 22-page ATO Policy (effective on October 3, 2016) that finally defines the procedures that every ATC facility will follow for authorized UAS flight in their area.

The Unmanned Aircraft Systems Integration Office predicts between 400,000 and 2.3 million licensed Part 107 operators by 2020. Although automation is in development to process the large number of requests that facilities anticipate, it is not expected to be operational until 2018. In order to mitigate the impact of authorizing numerous requests on individual ATC facilities, FAA Headquarters has developed a procedure for the authorization of Part 107 Operations. Using input from ATC facilities, areas in which Part 107 Operators may fly without impact to manned aircraft operations and procedures for the approval/denial of applications have been developed and described in this order (effective October 3, 2016).

I am not clear how the process will work until the automated process is implemented, but it appears that the UAS pilot will make contact through the FAA UAS website.

B. Facility Responsibilities 1. General. In the event a Part 107 operator contacts an ATC facility directly for authorization, the facility must not issue authorization. The facility must direct the operator to the FAA UAS website, http://www.faa.gov/uas.

What I find most encouraging is that all of the ATC facilities have been directed to provide input to FAA HQ in the form of an altitude grid.  It looks a lot like the upside-down wedding cake of Class B and C airspace on sectional charts.

UA Authorization Map Design

UAS Facility Map (UASFM)

Here’s how I read the ATO Policy.  The pilot will notify FAA HQ of a planned flight.  FAA HQ will use the UASFM (above) to determine if the flight will require coordination with the facility.  If no coordination is deemed necessary, then the approval is sent by email to the pilot and the facility.  You are done – go fly.  The FAA expects this to be fully automated sometime in 2018, so in the meanwhile, expect some confusion.

Here’s more from the ATO Policy:

Chapter 4. Part 107, sUAS Operations
A. Headquarters Airspace Authorization Procedures.
1. Headquarters, on the facility’s behalf, will use the UAS Facility Maps (UASFM) to evaluate Part 107 requests based on the location and altitudes authorized by the facility.
a. If requests are authorized using the UASFM, no facility coordination is required.
b. If Headquarters is unable to authorize the request using the UASFM, they must coordinate with the facility.
c. Full time Class E surface areas are processed at Headquarters. Headquarters coordination with facilities will not be required for Class E surface area approval.

If facility coordination is required, the facility has to provide a valid reason that the flight cannot be completed as filed.  No more blanket, “there’s a drone, we’re all gonna’ die”.

This is a big deal. A really big deal.  This is the FAA entering the 21st century.

 

Ad supported blog- My thoughts and a question.

The forums that I manage the333.org and part107.org contain no advertising and are supported exclusively through donations via PayPal. The donations pay for the web hosting and web domain name registrations and renewals. There is a perk for donations in the form of a three-inch embroidered patch shown here:

Patch

My blog, Dronemann, on the other hand is on the free plan from WordPress.com, which means the visitors are hit with ads that benefit WordPress.com.

As the author, I never see those ads.  I see a notice like this:

Occasionally, some of your visitors may see an advertisement here
You can hide these ads completely by upgrading to one of our paid plans.

So, here’s my question. What ads are you seeing?  Are they related to drones in general or are they random unrelated ads, or are they, as I suspect Targeted ads?

In the early 2000’s companies began using browsing habits and other data collected from users to make ads more personalized.  This is Targeted Advertising.  Almost every website, mine included, contain an invisible link to Google Analytics that provides me with data on how people find my website and other useful analytic data.  But as with anything free on the internet, there is a price that some would say is a plot or even an invasion of privacy.  Another way to look at it is that nothing is free on the internet.  I do not use Google Adwords as none of my sites live or die by search engine results. None of my sites will ever appear in “Sponsored Results” at the top of a Google Search.  Like this one that appeared when I was searching for a description of Targeted Advertising to reference in the link earlier in this paragraph:

GoogleTargeted

I don’t have any specific grudge against targeted advertising, nor that my Google searches put a few targeted results at the top of my search results over the organic results. I will even click on a targeted search result if it takes me to exactly what I was looking for.  That is how Google makes money.  My click may earn them a few tenths of a penny from the advertiser.  Google earns a few tenths of a penny in revenue from every targeted search click. Multiplied by a few million clicks worldwide every hour, you can appreciate how Google became one of the most profitable corporations in the world.  We get a free comprehensive search engine and the advertisers pay for it.  That’s kind of how free stuff on the internet works.

If you don’t like your internet activity tracked and every click amalgamated into a database you can opt out. A good place to start is to click on the down arrow DownArrow at the end of the targeted search result. Google explains how your search targeted this advertiser and gives you the option to block this advertiser.

Here’s the dirty secret- Every one of your clicks on a browser creates some analytical data, but you are not being individually tracked.  Despite the scare stories, you are probably not that important to be individually tracked. Most of us aren’t.  If someone wanted to track you as an individual, they wouldn’t be doing it with Google Analytics data, so get over yourself.  We simply aren’t that valuable as individuals so deleting browsing history and cookies is mostly to make you feel like you are in control.  And almost a complete waste of time.

There is a downside to browsing anonymously.  You will still see ads, but they will appear so random and not associated with anything that interests you as evidenced by your browsing history.  In fact, the ads you see are more likely to be those objectionable ads that you think you are avoiding by browsing anonymously.

Sorry for the diversion into how analytics works….

I don’t know what ads you are seeing when you visit my blog.

If I switch to a paid hosting plan for the blog, I need to find a way to pay for it. Which means soliciting advertising revenue from drone and drone-specific business. bottom line – you still see ads.  You tell me – which way should I go forward with the future of this blog?

Your input would be appreciated.

I hold a private pilot certificate and a 333 exemption. Do I need to take this 107 test?

I’ve gotten a few questions like this on the333.org forum and by email, so it seems to be a good topic for the blog.

First, your Section 333 Exemption Grant has no bearing on the PIC certification.

They are two distinct and separate things.  The FAA certifies pilots and operators.  Jet Blue, United, Fed-Ex are operators.  The person in the left-front seat with the aircraft controls in front are pilots. (This is why I and others commented on the Part 107 NPRM that calling the person flying a drone an “operator” was not an appropriate term).

The Section 333 Grant Letter is similar to a 14 CFR Part 121 Air Carrier Certification in that it defines the terms and conditions that the operator must follow.  Including the requirement that the person operating the controls of the UAS must hold an FAA-issued airman’s certificate, such as a private, sports pilot, commercial or ATP.  There are many Section 333 Grant Letter holders who do not have the requisite pilot certificate, but they employ people who do.  And those pilots are bound to the terms and conditions of the operator’s Section 333 Grant Letter conditions.

 

Now, to the question of do I need to take the Part 107 airman’s written exam.

You fall into one of two boxes here.

  • You have a current Part 61 Airman’s Certificate OR
  • You do not have a Part 61 Airman’s Certificate.

 

I have a Part 61 Airman’s Certificate

You do have to take an exam. But not the same exam as the new pilot without a Part 61 airman’s certificate.

Today, you can go to the FAA Becoming a Pilot website and scroll down to the section titled: “Existing Pilots – What to Expect”.

Step 1 may be completed now.  Complete the online training course “Part 107 small Unmanned Aircraft Systems (sUAS) ALC-451” available on the FAA FAASTeam website. From this link select the Part 107 sUAS Training Course.

You will need to Login to Your FAASafety.gov Account, or create an account if you’re an old fart like me who earned my pilot certificates before the FAA had computers.

After you log on you may take the written exam. Again and again until you score 100%. Save the certificate of completion – you will need it later.

Everything else happens on or after August 19.  In the meanwhile,  you should create an account on the FAA IACRA website.  About a week before August 29, try to start an application for a “Remote Pilot” certification.  (The category isn’t available today).  You will enter your 20-digit Part 107 Small Unmanned Aircraft Systems (ALC-451) certificate number.

2016Jun39073451-1-ANONYMIZED-320x247

To obtain your certificate on August 29, you can try to contact your FSDO (good luck with that) to schedule an appointment for the remaining steps. Otherwise, find an FAA-Designated Pilot Examiner (DPE), or an Airman Certification Representative (ACR). Most flight schools have an ACR on staff.

You will have to pay the DPE or ACR to verify your ID since they are not FAA employees, but they have the authority to immediately issue a temporary Part 107 remote pilot certificate.

If you don’t mind waiting a couple of weeks, you can, instead, take your application and test results to a CFI and pay the CFI to verify your ID. However, the CFI doesn’t have the authority to issue a temporary certificate.

But none of them, not the FSDO, DPE, ACR or CFI can take your application before august 29.

If your BFR is not current you will have to either get a BFR logged before you submit the application with the FSDO, DPE, ACR or CFI, or you can take the Part 107 written exam as if you were a new pilot.

 

I do not have a Part 61 Airman’s Certificate

The new pilot has to take the 60-question in-person written exam.  Based on the Part 61 exam and the sample Part 107 exam questions I’ve seen, the FAA is serious about the level of aeronautical knowledge the sUAS pilot must know.  If you prepare for the Sports Pilot written exam, you will be more than ready for the Part 107 sUAS exam.  You can download the Airman Knowledge Testing Supplement (PDF)  FAA-CT-8080-2G here.

The knowledge test areas include:

  1. Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation
  2. Airspace classification and operating requirements, and flight restrictions affecting small unmanned aircraft operation
  3. Aviation weather sources and effects of weather on small unmanned aircraft performance
  4. Small unmanned aircraft loading and performance
  5. Emergency procedures
  6. Crew resource management
  7. Radio communication procedures
  8. Determining the performance of small unmanned aircraft
  9. Physiological effects of drugs and alcohol
  10. Aeronautical decision-making and judgment
  11. Airport operations
  12. Maintenance and preflight inspection procedures

You can’t do anything else before August 29, but study the AKTS and take the Part 61 exam for practice now.  The online training course and exam for “Part 107 small Unmanned Aircraft Systems (sUAS) ALC-451” is available on the FAA FAASTeam website. From this link select the Part 107 sUAS Training Course.

Shortly before August 29 you should be able to schedule to take the exam at any of approximately 500 FAA-designated testing centers.  Often the testing center is co-located with a flight school, and many of them have an Airman Certification Representative (ACR) or Certified Flight Instruction (CFI) on staff.  Ask when you make your reservation for the exam because you will need to find one of them for the next step.  the CFI or ACR can identify you to the FAA’s satisfaction and process your application.  The Testing Center cannot.  Of course, your testing center proctor is likely to be a CFI or ACR.  You should also create an account on the FAA IACRA website.  About a week before August 29, try to start an application for a “Remote Pilot” certification.  (The category isn’t available today).

You will pay a fee to the Testing Center, estimated at $150, and another fee to the CFI or ACR (the price is negotiable, but expect $50 to $100) to process the application since they are not FAA employees.

When the FAA receives your application, your ID is sent to the TSA to make sure you aren’t a terrorist. Once past that obstacle, the FAA estimates this will take two weeks, the FAA will put your temporary certificate on your IACRA account.  They may send you an email that you have been approved, but I would recommend you check your IACRA account daily.  At the same time the FAA will mail you your permanent certificate.

Building a Drone Photography Business

First, the new Part 107 rules don’t become effective until late August, so for now a Section 333 Grant of Exemption letter plus an FAA-issued Pilot Certificate is still required for commercial flight with a drone.

Training:

There will be a surge of businesses offering drone training, including mine: http://www.treetop.academy (still in development).
However there are four training needs.
1. Ground School – learning what is needed to pass the written exam for the Unmanned Aircraft Operator Certificate with a small UAS rating.  That’s a mouthful, so let’s just call it a Drone Pilot’s Certificate.  (The FAA does not issue licenses).  The written exam for a new pilot will be almost as comprehensive as the written exam for a Sports Pilot or Private Pilot applicants.  Readers can get a peek at sample questions from the FAA.  If one wishes to get a head start, then take a pilot ground school.  Some community colleges offer pilot ground school courses or you could go to a local General Aviation airport and look for a sign reading “Learn to Fly”.  You will need to find a convenient FAA Authorized Testing Center to take the written exam, and many of them are co-located with a pilot training service where you can inquire about enrolling in a ground school.  There are also many pilot ground schools online, some free and some paid.  In a pilot ground school you will learn a bit more than what is needed to pass the FAA Unmanned Aircraft Operator Certificate written exam.  I really don’t think there will be questions on Cabin Atmosphere Control Systems in the UAS exam, but you may learn about it in a pilot ground school.

2. What Drone to buy – This mostly depends on two factors; your mission and what is your budget.  The333.org has examined 4970 Exemptions through 3/17/2016 and the data contains 902 Models of UAS from 256 Manufacturers, so there is no simple answer.
Budget: I strongly recommend buying a relatively cheaper drone (relative to your main camera drone) to learn the basics of flying.  You will crash, so buy spare props.  You also don’t want to risk an expensive camera and gimbal while learning to fly.  (It is not unusual for the camera and gimbal to be valued far more than the aircraft).  Fortunately, almost all commercially available drones use the same control configuration (left-stick is throttle and rudder/yaw, right stick is X-Y position). I would start with something in the $200 price range like the Hubsan X4, or look for something used on e-Bay.  Why not a sub-$100 drone?  Simply that they are often too light and too sensitive to control stick inputs for basic training.  When you transition to a heavier drone, you will be surprised with the sluggish response from the added load.  Heavier drones are also more stable.  My first drone was a DIY hexacopter from 3D-Robotics, and the learning crashes were expensive.  I bought a DJI Phantom 2 and haven’t flown the hex since.
Mission: There are many mission-specific drones.  I would not try to do a mapping mission with my DJI Phantom drone because the camera field is too wide, nor would I want to spend $30,000 on an Octocopter with a RED cinema camera attached to shoot Real Estate photos.  At the very least, you want a camera with at least a 1440 resolution and a three-axis gimbal.  This would give you pretty good quality photos and videos for most missions.  Personally, I like the DJI line and can recommend their Inspire or Matrix drones. Why DJI? since the company owns more than half of the drone market, support and replacement parts won’t be difficult to find. (Or afford).

3. Insurance – What a can of worms.  If you have general liability insurance, you might have some liability coverage for any damage caused by your drone.  Odds are, you don’t.  As the market matures we will see more competition in drone insurance, but for now almost all drone insurance is through conventional aircraft insurance policies and you can expect to pay $1,000 per year per aircraft.  Aviation insurance comes in two flavors, liability and hull.  Liability is a must-have as many clients will require proof of insurance.  Hull typically covers the aircraft itself, and notably NOT the camera, gimbal and other accessories attached to the aircraft.  Aircraft insurers consider those as personal property and not part of the aircraft.  As I said, a can of worms.  (Some manufacturers are selling “insurance” with their aircraft, but it’s really just like an extended warranty on your refrigerator.  There is no liability coverage provided).  I have come across one insurer, Unmanned Risk (http://unmannedrisk.com/) that has a new product that interests me.  They are experimenting with an insurance program that sets rates according to how much you fly according to a data recorder you attach to your drone.  Not unlike Snapshot from Progressive Auto Insurance.  I actually expect that an auto insurer may get into drone insurance in the next year or two as the volume will be too large to ignore and the risk too low.  (There’s been more than a million hours of flight of these small aircraft and yet there has not been one documented serious accident in the US – not one.  There are on average three General Aviation aircraft crashes every day).

4. Specific Mission Training – Flying a drone for tower and bridge inspections is completely different from real-estate or agriculture missions.  Flight by civil authorities (city, state, etc) has even more legal prerequisites to flight, so their training would be more intense.  Often if you buy a mission-specific aircraft, like the eBee Ag Drone, you can expect the seller will also offer training with the aircraft purchase.  for the smaller drone operators who plan to learn on-the-job, all I can say is practice, practice, practice.  there are probably a thousand photos of my home from all the practice flights I’ve made.  Experiment with different altitudes and distances then look at the resulting photos for composition and framing – no different than ground-based photography, but more challenging.  Which is why you charge a premium for drone photography.

Other business concerns:

Pricing your Service – As with most service industries, you charge what the customer will pay, based on the value to the client.  A farmer will happily pay $5,000 for an aerial survey of his fields with an IR camera that records the health of the crops that only look green to a conventional camera.  There are hundreds of price calculators all over the web, but they all take into account the cost of doing business (equipment, insurance, amortization, salaries and office expenses) and the value to the client.  You will never grow a business by starting out cheap – “because you are young/new/inexperienced/working from mom’s garage” (choose one).  If you start out cheap, those are your clients forever. Cheap.  In my personal experience, clients who are only looking for the lowest bidder are most often the most problematic clients.  If you have an existing photography business then you should calculate your additional cost for operating a drone and roll that into your existing price structure.  Resist the urge to price your service just a little lower than the competition.  Chasing the bottom line can only end up one way – you hit the bottom and quit the business.  Price your services where you actually make a profit greater than simply putting your cash into bonds.  If you have to offer a discount to gain new clients, make it a short-term special.  Have you ever walked into a department store and not seen “Sale” signs everywhere?  No.  So, don’t be afraid of higher published prices.

What should you have in your Terms of Service? – flying a drone for business creates a new set of service concerns.  Weather becomes more problematic than ground-based photography.  Rain and snow won’t affect the drone flight, but get one drop of precipitation on the lens and the whole shoot is ruined.  Under Part 107, permission for operations near airports and over crowds becomes easier to obtain, but it’s not assured and not automatic.  You may ask the FAA for a waiver for any proscribed flight.  The FAA is working on an online waiver application application (is that redundant?)  where you present your case for the waiver and document how you will maintain safety.  So for your TOS, you should be prepared to reschedule due to precipitation or high winds that would exceed your drone’s capabilities.  You should also be prepared to terminate a planned mission if permission to fly can’t be obtained, and I think a full refund of deposits would be appropriate.  As with ground based projects, how do you currently handle equipment failures?  Do you carry a second camera? Should you have a backup drone?

Be ahead of the expected competition.

When Part 107 rules are finalized there will be a flood of barnstormers in the field.  Most will fail as a business, but if you are practiced, disciplined and ready to conduct business first with flight a business asset that you offer to the client, then your business will survive the initial wave.

If your clients want to buy their own drone and get their own Unmanned Aircraft Operator Certificate, fine.  Let them.  Even help them.  Offer to train them (for a fee, of course). It’s no different from a real estate sales person shooting their own MLS curb photos.  I think clients who want to shoot their own drone photos will be a minority. Most will drop out as they learn how much study is required to pass the written exam.  Some will drop out as they discover that the $300 drone from Amazon just can’t compete with your $5,000 system for quality.  Some will quit because owning, maintaining and keeping proficient with a drone is simply not their core-competence. These will be your best clients in the future.

Good luck and please keep me apprised of your progress toward developing a drone business.  (Post a comment or send me an email).

Ever wonder about the words: “remote pilot certificate with a small UAS rating”?

Why not simply “Remote Pilot Certificate” and what is a “rating”?

Let’s look at certificates and ratings in the manned aircraft world.  The FAA certificates everything.  Pilots, airplanes, crew, repair facilities, fuel truck operators – if it touches flight, it is certified.  But since we’re discussing certificates, let’s look at the airman’s certificate.  Here’s mine (it’s an old one – I’ve moved since then):

Airman-Certificate-640x180

Note first, the word “license” does not exist on the certificate, though everyone would call this a pilot’s license.  The FAA doesn’t issue licenses.  (Well, the FAA does license one aeronautical activity, but I’ll save that for a trivia question in the future).  On the front is my identifying information and my certification category as a commercial pilot.  On the back are my category and ratings: Single Engine Land and Instrument Airplane.

Other possible ratings I may add include “multiengine”, “seaplane” or an aircraft type-rating. What’s a “Type Rating”?  The FAA requires model-specific training for any aircraft with a takeoff weight over 12,500 pounds or when an aircraft is so unique or challenging to fly that a model-specific training is required. Each different model of aircraft has a separate type rating that much be achieved before the pilot can fly that aircraft.

Trivia: The most FAA aircraft pilot type ratings awarded to an individual is 102 and was achieved by Robert Blaine Briggs from Miami, Florida.

Robert spent 32 years flying with the Flying Tiger Line (which merged into Federal Express in 1989) between 1978 and 2010. He is now retired from the airline, but is still active in aviation. In 2016 he received his two most recent type ratings, allowing him to fly a Sikorsky SK-92 and a Boeing 777.

So, what is the FAA up to with the “Small UAS Rating”?

I think that in another year or so we will see another NPRM to add to Part 107 rules for UAS weighing 55 pounds or heavier.  Possibly model-specific type ratings as well.  For now Lockheed will just have to use Part 61 certified pilots with Grant of Exemption letters and COA’s to fly their civilian version of the Predator aircraft.

When I get my Part 107 remote pilot certificate with a small UAS rating, it will be a separate certificate.  I don’t know why the FAA couldn’t have just added “Remote Pilot” as a category and “Small UAS” on the ratings on my existing certificate.  (Pilots like to brag about their list of ratings).

Any questions? I like questions.

Steve Mann

Part 107 Final Rules – my take.

As I’ve said many times, I will not curate the news, but I will comment on it. The FAA published the anticipated Part 107 rules at 11:00 AM yesterday (6/21/16) and I was reading it at 11:05AM. I stopped at 3:00 PM and was only halfway through the preamble. The whole document is 624 pages, but the actual rules are the last 24 pages. The news sites are mostly correct but many leave out a few significant points. The most important being that these rules do not become effective for 60-days. There are already sites online selling training courses for the remote pilot airman certificate written exam.

You CANNOT operate under these regulations UNTIL they go into effect 60 days after the rule is published in the Federal Register. That would be late August, 2016.

The final rules differ from the NPRM very little, and every change is a win for us, the users.

Now, I shall toot my own horn. If you think an individual’s comments to the NPRM have no effect on the final rule, you would be wrong.

The following quotes are from the preamble:

In the proposed NPRM, external loads would be prohibited, but in my comments, I pointed out in my comments to the NPRM that many off-the-shelf drones do not have a camera, or that the operator may need a different camera or sensor pack, and this prohibition of “no external load” might prohibit the attachment of high-resolution cameras or LIDAR sensors. The FAA responded in the preamble with this: “External load operations are allowed if the object being carried by the unmanned aircraft is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft.”

In the NPRM the FAA asked if “operator” was an appropriate term as they wanted to avoid using the term “pilot”. I commented that “operator” in other areas of the FAA rules always referred to the owner of the aircraft, such as United and Jet Blue, while “pilot” refers to the person operating the controls. Consequently, the FAA has changed the name of the airman certificate issued under part 107 to a “remote pilot certificate with a small UAS rating.”

In my comments, I said that ‘The 500 foot ceiling is sufficient for almost all anticipated uses of small AUS aircraft. However, it makes uses like tower, building or bridge inspections problematical because the tops of those structures are often higher than 500 feet above ground level. Allowing higher altitudes when within 100 feet of tall structures should be allowed. This would allow a small UAS aircraft to ascent to, for example 1100 feet to inspect a 1,000 foot radio tower. If a manned aircraft is within 100 foot of a tower or other structure, a small UAS aircraft is the least of his problems.‘. The FAA responded in the preamble to the new rules with: “… this rule will allow a small unmanned aircraft to fly higher than 400 feet AGL as long as that aircraft remains within a 400-foot radius of a structure up to an altitude of 400 feet above the structure’s immediate uppermost limit. Allowing higher-altitude small UAS operations within a 400-foot lateral limit of a structure will enable additional operations (such as tower inspection and repair) while maintaining separation between small unmanned aircraft and most manned aircraft operations.”

I was commenting for night flight, but this is a good compromise that allows photography during the “golden hour” of twilight: “One commenter [that would be me] compared UAS to ultralight vehicles, citing precedent in § 103.11(b), which allows ultralight vehicles to be operated during civil twilight, provided the vehicle is equipped with an operating anti-collision light visible for at least 3 statute miles.  To minimize the increased risk of collision associated with reduced lighting and visibility during twilight operations, this rule will require small unmanned aircraft operated during civil twilight to be equipped with anti-collision lights that are visible for at least 3 statute miles.”

The proposed five-minute “reserve power” requirement was dropped in the final rules. “One commenter [me] asserted that some small UAS have only five minutes of total available flight time. Commenters suggested that a small UAS should simply be required to have enough available power to operate for its intended time and then land safely, which could require significantly less than five minutes of total power…”

I can take credit for the minimum age change from 17 to 16:
“One commenter [me again] argued that the NPRM does not provide any justification to support why the operator of a small UAS must be older than a sport pilot, recreational pilot, or private pilot airman with a glider rating, or a studentpilot of a glider. NBAA stated its belief that a lesser risk exists for small UAS operations conducted within the confines of the rule when compared to glider and balloon operations conducted within controlled airspace.”

I also commented that for many areas of the country, the nearest official weather reporting could be so far from the operational area that their weather observation would be significantly different from the local weather. “One commenter [me again] recommended the removal of “official” from “official weather sources,” saying that operation of a UAS calls for assessment of “local” weather conditions, and, furthermore, that there are no clearly identified “official sources of weather.”

In my comments I asked if the FAA really wanted a report of every band-aid injury? I suggested that if the accident and injury statistics were to be meaningful, they had to be held to the same metrics as other segments of aviation. And here is what the FAA said in the preamble: “In determining the threshold at which to set injury reporting, the FAA agrees with commenters who suggested that the threshold should generally be set at serious injury. A serious injury is an injury that qualifies as Level 3 or higher on the Abbreviated Injury Scale (AIS) of the Association for the Advancement of Automotive Medicine. The AIS is an anatomical scoring system that provides a means of ranking the severity of an injury and is widely used by emergency medical personnel. Within the AIS system, injuries are ranked on a scale of 1 to 6, with Level 1 being a minor injury, Level 2 moderate, Level 3 serious, Level 4 severe, Level 5 critical, and Level 6 a non-survivable injury. An AIS Level 3 injury is one that is reversible but usually involves overnight hospitalization.”

Here’s the most gratifying text in the preamble.
“An individual commenter [me] questioned an apparent contradiction in the NPRM, which would allow knowledge testing centers to verify an applicant’s identification for the purposes of administering a knowledge test but would prohibit knowledge testing centers from verifying identification for the purposes of submitting an airman application. The commenter added that if the goal of this rule is to achieve the least burdensome process, then knowledge testing centers should be permitted to verify a person’s identification for both testing and application submission to the FAA.”

When the FAA quotes my comment almost verbatim in the final rules, then I feel like my time spent studying and preparing my comment to the NPRM was time well spent:  “… if the goal of this rule is to achieve the least burdensome process, then knowledge testing centers should be permitted to verify a person’s identification”.  I did good.

The preamble continues:
“The FAA acknowledges the positive identification conducted by the knowledge testing centers, and has determined that there is no need to repeatedly identify a person who has already been positively identified for the purposes of taking the knowledge test. Accordingly, as discussed later in section III.F.l, this rule will allow an applicant to submit his or her remote pilot application without having to be positively identified a second time.  This rule will, with one exception, allow an applicant who has passed the aeronautical knowledge test to submit an application for a remote pilot certificate directly to the FAA without having to travel to a Flight Standards District Office (FSDO), designated pilot examiner (DPE), airman certification representative (ACR), or certificated flight instructor (CFI).”

I just saved future generations of UAS Pilots millions of dollars in unnecessary CFI fees just to check the applicant’s ID again.  (Sorry, NAFI).  Seriously, when the Part 107 NPRM was published, I just studied the issues raised in the proposed rules and made an informed comment to the FAA.  Anyone can do it.

If you want to see my 30-page comment to the NPRM, it’s a public document on the FAA website.

 

The process for issuance of a remote pilot certificate will be as follows.

First, an applicant will have to take and pass an initial aeronautical knowledge test.

After taking the knowledge test, the applicant will be provided with an airman knowledge test report showing his or her test results. If the applicant passed the test, the applicant will then fill out an application for a remote pilot certificate using either the FAA’s electronic application process (referred to as the Integrated Airman Certification and Rating Application (IACRA) system) or a paper application.

The FAA will then forward the applicant’s information to the TSA for security vetting to determine whether the applicant poses a security risk. Once TSA notifies the FAA that the applicant does not pose a security risk the FAA will issue an electronic temporary remote pilot certificate to an applicant who applied through the IACRA system. This temporary certificate (valid for 120 days after receipt) will be issued within 10 business days after receipt of an electronic application, and it will allow the applicant to exercise all the privileges of a remote pilot certificate with a small UAS rating. Once all other FAA internal processing is complete, the FAA will issue the applicant a permanent remote pilot certificate.

 

Questions?

Please ask questions – it gives me something to research and blog about.

Stephen Mann

 

‘107 is coming

There’s news about a Drone Photographer in Minnesota has been fined $55,000 for his photography for a ceremony for Cecil the lion. the FAA has not charged that it was a commercial flight, instead they are charging him with flying an uncertified aircraft, plus their rubber-stamp charge of 91.13, Careless and Reckless. It’s a rubber stamp charge because the FAA adds it to virtually every letter of violation and the NTSB rarely overturns a 91.13 charge.

This is an example of not understanding what the FAA means by “commercial”. The pilot’s defense is that he was not compensated for the flight and many think “commercial” means that money changed hands”, but profit or lack of it has no bearing on whether the flight is commercial or not. If you take photos or video from your drone for a charity, then good for you. But if the charity uses one of those photos in promotional material or an ad, it’s a commercial flight.

The FAA’s main task is the safety of aviation – not just the airspace. This is why everyone who touches an aircraft or support infrastructure is certified by the FAA. Most visible are the flight crew and ATC personnel. But the airport workers including baggage handlers and fuel trucks and their operators are also certified as are all maintenance technicians and the aircraft and equipment inside.

There is no exception for personal drones, but in 2012 the Congress threw the fledgling drone industry a bone in the FAA Modernization and Reform Act of 2012 (FMRA) where Section 333 gave the FAA Administrator the authorization to not require aircraft certification if the Administrator believed that it was not necessary for small UAS aircraft. Congress did not give the administrator authorization to waive airman certification which is why drone pilots seeking Section 333 exemptions are required to hold a pilot’s certificate of some kind. Further, Section 336 of the FMRA defines hobby flight which the FAA largely ignores. Unless the operator does something stupid and gets the attention of the FAA.

The FAA is not regulating commerce, as some argue. The agency is applying the law with the tools they have. The soon to be published Part 107 rules will provide more clarity, but an airman’s certificate will still be required for commercial flight. Fortunately Part 107 rules creates a new airman’s certificate that is obtained by passing a written examination. No flight test or training is required. The Part 107 NPRM also changes a handful of other FAA rules to accommodate small UAS. Most significant is 14 CFR Part 101 which codifies AC 91-57 into the rules. Hobby flight will no longer be governed by the Advisory Circular; hobby flight will be defined in a change to Part 101 (definitions). Any operation that does not meet the new Part 101 definition of hobby flight is commercial.

What amazes me is that the FPV industry doesn’t see the prohibition of FPV as a problem.
For a recap, here is what rules are affected by the Part 107 NPRM:

14 CFR Part 21 “Certification Procedures For Products And Parts” changes to exempt aircraft operating under Part 107 rules.
14 CFR Part 43 “Maintenance, Preventive Maintenance, Rebuilding, And Alteration” changes to exempt aircraft operating under Part 107 rules.
14 CFR Part 45 “Identification And Registration Marking” is changed to exempt aircraft operating under Part 107 rules.
14 CFR Part 47 “Aircraft Registration” adds the requirement that small unmanned aircraft weighing less than 55 pounds must be registered.
14 CFR Part 61 “Certification: Pilots, Flight Instructors, And Ground Instructors” is changed in two areas.
Flight time accumulated under Part 107 flight rules cannot be used to meet the flight time requirements under Part 61.
Flight Instructor privileges are changed: “authorized to accept an application for an unmanned aircraft operator certificate with a small UAS rating and verify the identity of the applicant in a form and manner acceptable to the Administrator.”
14 CFR Part 91 “General Operating And Flight Rules” changes to exempt operations under Part 107 rules and Hobby Flight.
14 CFR Part 101 “Moored Balloons, Kites, Amateur Rockets And Unmanned Free Balloons” is modified to define “model aircraft”.
14 CFR Part 107 “Small Unmanned Aircraft Systems”
14 CFR 183.23 – “Pilot Examiners” adds the provision for a Pilot Examiner to perform the identification of sUAS operator applicants.

Got questions? Ask me. I am not a lawyer but I do have the time to research your questions.