[4910-13]							

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

Docket No. FAA-2006-25714

Unmanned Aircraft Operations in the National Airspace System

AGENCY:  Federal Aviation Administration (FAA), DOT.

ACTION:  Notice of policy; opportunity for feedback.

SUMMARY:  This notice 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, email:  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 Website:  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 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; email:   HYPERLINK "mailto:"    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   HYPERLINK "http://www.faa.gov/uas"  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  

/s/ Nick Sabatini

Nicholas Sabatini

Associate Administrator for Aviation Safety

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