Exception for Limited Recreational Operations of Unmanned Aircraft
| Published date | 17 May 2019 |
| Citation | 84 FR 22552 |
| Record Number | 2019-10169 |
| Section | Notices |
| Court | Federal Aviation Administration,Transportation Department |
Federal Register, Volume 84 Issue 96 (Friday, May 17, 2019)
[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22552-22555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10169]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2019-0364]
Exception for Limited Recreational Operations of Unmanned
Aircraft
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice implementing the exception for limited recreational
operations of unmanned aircraft.
-----------------------------------------------------------------------
SUMMARY: This action provides notice of the statutory exception for
limited recreational operations of unmanned aircraft. It also describes
the agency's incremental implementation approach for the exception and
how individuals can operate recreational unmanned aircraft (commonly
referred to as drones) today under the exception.
FOR FURTHER INFORMATION CONTACT: For questions concerning this notice,
contact Danielle Corbett, Aviation Safety Inspector, Unmanned Aircraft
Systems Integration Office, 490 L'Enfant Plaza SW, Suite 7225,
Washington, DC 20024, telephone (844) 359-6982, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Operators of small unmanned aircraft (also referred to as drones)
for recreational purposes must follow the rules in 14 CFR part 107 for
FAA certification and operating authority unless they follow the
conditions of the Exception for Limited Recreational Operations of
Unmanned Aircraft, discussed in this notice. The FAA refers to
individuals operating under that statutory exception as ``recreational
flyers.''
On October 5, 2018, the President signed the FAA Reauthorization
Act of 2018 (Pub. L. 115-254). Section 349 of that Act repealed the
Special Rule for Model Aircraft (section 336 of Pub. L. 112-95; Feb.
14, 2012) and replaced it
[[Page 22553]]
with new conditions to operate recreational small unmanned aircraft
without requirements for FAA certification or operating authority. The
Exception for Limited Recreational Operations of Unmanned Aircraft
established by section 349 is codified at 49 U.S.C. 44809.
With the repeal of the Special Rule for Model Aircraft, the
regulations at 14 CFR part 101, subpart E, which implemented the
Special Rule, are no longer valid, and the FAA intends to remove that
subpart in the near future.
Section 44809(a) provides eight conditions that must be satisfied
to use the exception for recreational small unmanned aircraft (those
weighing less than 55 pounds). Some of those conditions (specifically
the aeronautical knowledge and safety test as well as recognition of
community-based organizations and coordination of their safety
guidance) cannot be implemented immediately. Accordingly, the FAA is
incrementally implementing section 44809 to facilitate recreational
unmanned aircraft operations. The next section sets forth the eight
statutory conditions, explains how the agency is implementing each of
them, and provides guidance to recreational flyers.
Recreational flyers must adhere to all of the statutory conditions
to operate under the Exception for Limited Recreational Operation of
Unmanned Aircraft. Otherwise, the recreational operations must be
conducted under 14 CFR part 107.
Although 49 U.S.C. 44809(c) permits operations of some unmanned
aircraft weighing more than 55 pounds under additional conditions and
as approved by the FAA, the FAA intends to publish guidance concerning
operations of these larger unmanned aircraft in the near future.
II. Statutory Conditions and Additional Guidance
The eight statutory conditions are as follows:
1. The aircraft is flown strictly for recreational purposes.
Your unmanned aircraft must be flown for only a recreational
purpose throughout the duration of the operation. You may not combine
recreational and commercial purposes in a single operation. If you are
using the unmanned aircraft for a commercial or business purpose, the
operation must be conducted under 14 CFR part 107 or other applicable
FAA regulations.
2. The aircraft is operated in accordance with or within the
programming of a community-based organization's set of safety
guidelines that are developed in coordination with the FAA.
The FAA Reauthorization Act of 2018 requires the FAA and community-
based aeromodelling organizations (CBOs) to coordinate the development
of safety guidelines for recreational small unmanned aircraft
operations. 49 U.S.C. 44809(a)(2). CBOs are defined in section 44809(h)
and must be recognized by the FAA in accordance with section 44809(i).
Section 44809(i) requires the FAA to publish guidance establishing the
criteria and process for recognizing CBOs. The FAA is developing the
criteria and intends to collaborate with stakeholders through a public
process.
Until the FAA establishes the criteria and process and begins
recognizing CBOs, it cannot coordinate the development of safety
guidelines. Accordingly, no recognized CBOs or coordinated safety
guidelines currently exist, as contemplated by section 44809(a)(2).
Additionally, the FAA acknowledges that aeromodelling organizations
have developed safety guidelines that are helpful to recreational
flyers. The FAA has determined that it is in the public interest to
reasonably interpret this condition to allow recreational unmanned
aircraft operations under the exception while the FAA implements all
statutory conditions. The alternative would be to prohibit these
operations or to require all operators of recreational unmanned
aircraft to obtain a remote pilot certificate under 14 CFR part 107 and
comply with the part 107 operating rules. Accordingly, to facilitate
continued recreational unmanned aircraft operations during the
implementation process, the FAA finds that operations conducted in
accordance with existing safety guidelines of an aeromodelling
organization satisfy this condition, provided those guidelines do not
conflict with the other statutory conditions of section 44809(a).
Alternatively, during this interim period, the FAA directs
recreational flyers to existing basic safety guidelines, which are
based on industry best practices, on its website (faa.gov/uas):
Fly only for recreational purposes
Keep your unmanned aircraft within your visual line-of-sight
or within the visual line of sight of a visual observer who is co-
located and in direct communication with you
Do not fly above 400 feet in uncontrolled (Class G) airspace
Do not fly in controlled airspace without an FAA authorization
Follow all FAA airspace restrictions, including special
security instructions and temporary flight restrictions
Never fly near other aircraft
Always give way to all other aircraft
Never fly over groups of people, public events, or stadiums
full of people
Never fly near emergency response activities
Never fly under the influence of drugs or alcohol
You also should be able to explain to an FAA inspector or law
enforcement official which safety guidelines you are following if you
are flying under the exception for limited recreational unmanned
aircraft operations.
The FAA will provide notice when it has issued final guidance and
has started recognizing CBOs.
3. The aircraft is flown within the visual line of sight of the
person operating the aircraft or a visual observer co-located and in
direct communication with the operator.
Either the person manipulating the controls of the recreational
unmanned aircraft or a visual observer, who is near the operator and
able to communicate verbally, must have eyes on the aircraft at all
times to ensure the unmanned aircraft is not a collision hazard to
other aircraft or people on the ground. Using a visual observer
generally is optional, but a visual observer is required for first-
person view (FPV) operations, which allow a view from an onboard camera
but limit the operator's ability to scan the surrounding airspace.
4. The aircraft is operated in a manner that does not interfere
with and gives way to any manned aircraft.
When flying an unmanned aircraft, you are responsible for knowing
the aircraft's altitude and its position in relation to other aircraft.
You also are responsible for maintaining a safe distance from other
aircraft by giving way to all other aircraft in all circumstances.
5. 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, the operator obtains prior authorization from the
Administrator or designee before operating and complies with all
airspace restrictions and prohibitions.
Classes B, C, D, and E are collectively referred to as controlled
airspace. The FAA has created different classes of airspace to reflect
whether aircraft receive air traffic control services and to note
levels of complexity, traffic density, equipment, and operating
requirements that exist for aircraft flying through different parts of
controlled airspace. Generally, these classes of controlled airspace
are found near airports.
[[Page 22554]]
Manned aircraft operations receive air traffic control services in
controlled airspace and are authorized in controlled airspace as part
of these services. Small unmanned aircraft operations do not receive
air traffic services, but they must be authorized in the airspace
because FAA air traffic control is responsible for managing the safety
and efficiency of controlled airspace. For operations under part 107,
the FAA has an online system, Low Altitude Authorization and
Notification Capability (LAANC), to provide this real-time, automated
authorization. Part 107 operators also can request airspace
authorization through FAA's DroneZone portal, but this manual process
can take longer.
The FAA currently is upgrading LAANC to enable recreational flyers
to obtain automated authorization to controlled airspace. The FAA is
committed to quickly implementing LAANC for recreational flyers. The
FAA also is exploring upgrades to DroneZone to enable access for
recreational flyers.
Authorization To Operate Recreational Unmanned Aircraft at Certain
Fixed Sites in Controlled Airspace
Until LAANC is available for recreational operations, the FAA is
granting temporary airspace authorizations to operate at certain fixed
sites (commonly referred to as flying fields) that are established by
an agreement with the FAA. For fixed sites that are located in
controlled airspace two or more miles from an airport, operations are
authorized up to the unmanned aircraft system (UAS) facility map
(UASFM) altitudes. The FAA is reviewing fixed sites located within two
miles of an airport and will make individualized determinations of what
airspace authorization is appropriate. Aeromodelling organizations that
sponsor fixed sites, regardless of their location within controlled
airspace, can obtain additional information about requesting airspace
authorization from the person identified in the For Further Information
Contact section of this document.
During this interim period, you may fly in controlled airspace only
at authorized fixed sites. The list of authorized fixed sites is
available on the FAA's website at www.faa.gov/uas and will be depicted
on the maps on the FAA's UAS Data Delivery System, which is available
at https://udds-faa.opendata.arcgis.com. Agreements establishing fixed
sites may contain additional operating limitations. If you fly at a
fixed site in controlled airspace, you must adhere to the operating
limitations of the agreement, which is available from the fixed site
sponsor.
As a reminder, existing FAA rules provide that you may not operate
in any designated restricted or prohibited airspace. This includes
airspace restricted for national security reasons or to safeguard
emergency operations, including law enforcement activities. The easiest
way to determine whether any restrictions or special requirements are
in effect as well as the authorized altitudes where you want to fly is
to use the maps on the FAA's UAS Data Delivery System, which is
available at https://udds-faa.opendata.arcgis.com, and to check for the
latest FAA Notices to Airmen (NOTAMs). This information may also be
available from third-party applications.
The FAA will provide notice when LAANC is available for use by
recreational flyers.
Please do not contact FAA Air Traffic facilities for airspace
authorization because these facilities will no longer accept requests
to operate recreational unmanned aircraft in controlled airspace.
6. In Class G airspace, the aircraft is flown from the surface to
not more than 400 feet above ground level and complies with all
airspace restrictions and prohibitions.
Class G airspace is uncontrolled airspace in which the FAA does not
provide air traffic services.
You may operate recreational unmanned aircraft in this airspace up
to an altitude of 400 feet above ground level (AGL).
Additionally, you may not operate in any designated restricted or
prohibited airspace. This includes airspace restricted for national
security reasons or to safeguard emergency operations, including law
enforcement activities. The easiest way to determine whether any
restrictions or special requirements are in effect where you want to
fly is to use the maps on the FAA's UAS Data Delivery System, which is
available at https://udds-faa.opendata.arcgis.com, and to check for the
latest FAA NOTAMs.
7. The operator has passed an aeronautical knowledge and safety
test and maintains proof of test passage to be made available to the
Administrator or a designee of the Administrator or law enforcement
upon request.
Section 44809(g) requires the FAA to develop, in consultation with
stakeholders, an aeronautical knowledge and safety test that can be
administered electronically. This test is intended to demonstrate a
recreational flyer's knowledge of aeronautical safety knowledge and
rules for operating unmanned aircraft.
The FAA currently is developing an aeronautical knowledge and
safety test and plans to engage stakeholders on its development through
a public process.
The FAA acknowledges that satisfying this statutory condition is
impossible until the FAA establishes the aeronautical knowledge and
safety test. For the reasons discussed earlier in this document, the
FAA has determined this condition will apply only after the FAA
develops and makes available the knowledge and safety test.
Accordingly, during this interim period, recreational flyers who adhere
to the other seven conditions under section 44809(a), may use the
exception for limited recreational unmanned aircraft operations.
The FAA will provide additional guidance and notice when the
aeronautical knowledge and safety test is available and the date on
which adherence to this condition is required.
8. The aircraft is registered and marked and proof of registration
is made available to the Administrator or a designee of the
Administrator or law enforcement upon request.
Registration and marking requirements for small unmanned aircraft,
including recreational unmanned aircraft, can be found at 14 CFR part
48, and online registration can be completed at faa.gov/uas/getting_started/registration/. Each unmanned aircraft used for limited
recreational operations must display the registration number on an
external surface of the aircraft. Recreational flyers also must
maintain proof of registration and make it available to FAA inspectors
or law enforcement officials upon request.
The FAA remains committed to facilitating safe operation of
recreational unmanned aircraft to the maximum extent authorized by
Congress, while effectively addressing national security and public
safety concerns. The FAA is devoting resources to fully implement this
new framework as expeditiously as possible.
This interim implementation guidance provides information to
recreational flyers on how to comply with the statutory conditions for
the Exception for Limited Recreational Operations of Unmanned Aircraft,
codified at 49 U.S.C. 44809. Accordingly, the FAA has determined this
interim implementation guidance does not independently generate costs
for recreational flyers.
The FAA has updated FAA Advisory Circular 91-57B to reflect the
interim guidance provided in this notice. The FAA will continue to
provide updated
[[Page 22555]]
direction and guidance as implementation proceeds. The FAA intends to
follow up with regulatory amendments to formalize the exception for
limited recreational unmanned aircraft operations.
The guidance provided in this notice is not legally binding in its
own right and will not be relied upon by the Department or the FAA as a
separate basis for affirmative enforcement action or other
administrative penalty. Regardless of whether you rely on the guidance
in this document, you are independently required to comply with all
existing laws applicable to the operation of unmanned aircraft systems.
Conforming your actions with the guidance in this notice does not
excuse or mitigate noncompliance with other applicable legal
requirements.
Nevertheless, if your operation fails to satisfy the eight
statutory conditions, as described in this notice, or if you are not
operating under part 107 or other FAA authority, your operation may
violate other FAA regulations and subject you to enforcement action.
Additionally, if you operate your recreational unmanned aircraft
carelessly or recklessly, the FAA may exercise existing authority to
take enforcement action against you for endangering the national
airspace system.
Please continue to check faa.gov/uas on a regular basis for the
most current direction and guidance.
Issued in Washington, DC, on May 8, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2019-10169 Filed 5-16-19; 8:45 am]
BILLING CODE 4910-13-P
