Operational Requirements for UAS Operations in the NAS

The Federal Aviation Administration (FAA) is working diligently with the Executive Branch inter-agencies and industry to determine the best ways accommodate unmanned aircraft systems (UAS) into the National Airspace (NAS). Congress provided guidance in passing the FAA Modernization and Reform Act of 2012 and mandated a comprehensive plan for the integration of civil unmanned aircraft systems into the National Airspace (NAS) (Pubic Law 112-95, 2012).  FAA developed their roadmap for near, mid-term and long-term.  In focusing in near-term efforts to allow UAS operations, they have developed policy that permit UAS operations in the National Airspace with limitations (Integration, 2013).

            Currently there are four ways which permit UAS operations in the NAS. The methods are by obtaining a Special Airworthiness Certificate, obtain a Section 333 Exception, obtain a Certificate of Waiver (COA), or operate under the recently approved Part 107 small UAS rule.  Each one has specific restrictions on the type of operation, airworthiness statement, altitude restriction, size and weight of aerial vehicle, and operator qualifications.

Airworthiness Certificate

            Airworthiness certificates were created for manned aircraft.  The process to obtain a certificate is a major component of public law Title 14 of the Code of Federal Regulations. Title 14 airworthiness administration, certification and operations contains sixty–eight regulations focused on manned aircraft. For aircraft that do not meet the standards to obtain certificate, there are special certificates.  These special certificate are normally granted for research or experimental aircraft (Overview 14 CFR, n.d.; Special Airworthiness, 2016).

Special Airworthiness Certificate

            In the case of UAS, there is a procedure for a civil UAS to obtain a Special Airworthiness Certificate.  This certificate is in the experimental category for the purposes of research and development, crew training, and market survey. This process also includes the optionally piloted aircraft. In the special certificate, allowances are made because of the unmanned nature and size of the aircraft.  This includes location of required manuals and documents in the ground control stations with the pilot in command, vice onboard the aircraft, where it does not make practical sense.  Through this process eligible individuals may also apply for a type certification for the aircraft (Special Airworthiness, 2016).

Type Certificate

            A Type Certificate is awarded to the manufacture of the aircraft for a specific configuration.  This is a process designed for manned aircraft to assist in issuance of an airworthiness certificate to a specific airframe configuration (Certification for Civil Operated, 2015). If the aircraft conforms to its Type Certificate, and is in a condition for safe operations, an airworthiness certificate can be issued. In the case of an unmanned aircraft, it would be a Special Airworthiness Certificate, since currently do not meet existing full certification criteria. There have been a few unmanned aircraft that have received a Type Certificate. They include the civilian version of the Boeing ScanEagle, and Aerovironment Puma under Part 21.25 related to certification of aircraft previously certified by the Department of Defense (FAA Type Certifies, 2013).

Section 333 Special Rules for Certain UAS

            Public Law 112-95 Section 333 directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS by identifying the types of aircraft that do not create a hazard to users of the NAS, to the public or pose a threat to national security. It also requires a determination on the type of certificate that will be granted under Section 444704 of Title 49 USC with respect to the UAS. When granting this exception to operate, the FAA determines that the approved UAS are safe to operate in the NAS with specific restrictions (Pubic Law 112-95, 2012). 

Section 334 Public UAS

            Public Law 112-95 also requires the Department of Transportation to address guidance regarding the operation of public UAS.  This requires FAA to issue certificates of waivers and authorizations (COA) to allow for an incremental expansion of access to the NAS, as technology matures, safety analysis is conducted and the data becomes available.  It also establishes the use of test ranges for testing and operating UAS and provide guidance on the operation of UAS without a civil airworthiness certificate issued by FAA (Pubic Law 112-95, 2012). 

            A COA is an authorization issued by FAA to a public operator for a specific UAS activity.  During the application process, the FAA conducts a formal review, and provides provisions and restrictions to ensure the unmanned system can operate in the airspace safely (COA, n.d.)

            There is a misconception that a COA can be used by anyone wanting to fly UAS.  As stated by the law, they are intended for use by public institutions.  They can be federal, state or local agencies.  As such, not all educational institutions qualified. For example, a private college or university is not considered a public entity in this application, nor is the UAS industry.

            Operation and Certification of Small Unmanned Aircraft Systems (Part 107)

            To allow operations of small UAS in the NAS, the FAA released the notice of proposed rulemaking (NPRM), which address the operations and certifications for non-hobby and non-recreational purposes of UAS.  By statue, small UAS are defined as less than 55 pounds.  Commonly referred to Part 107 to the Title 14 CFR, this rule allows for the routine civil operations of small UAS in the NAS during daylight hours and within line of sight, and flying at less than 400 feet.  A key element of this rule is that waivers to deviate from the operational restrictions are permitted with approval from the FAA (Airworthiness Certification, 2016). 

Conclusion

            UAS can operate in the NAS. To obtain permission, there are now established procedures issued by FAA.  In some cases, the UAS can fly with minimal technical or procedural restrictions for the intended operations, such as with Part 107.  In other cases, like the Section 333 Exception, a detailed plan must be submitted to the FAA, who then does an extensive review.  There are specific authorizations via the COA process issued to public institutions.  In all cases the aircraft must be registered, and will need an airworthiness certificate.

References

Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft [PDF]. (2013, August 2). Washington, DC: Federal Aviation Administration.

Public Law 112-95, 112th Cong., Https://www.gpo.gov/fdsys/pkg/PLAW-112publ95/html/PLAW-112publ95.htm (2012) (enacted).

Certificates of Waiver or Authorization (COA). (n.d.). Retrieved October 25, 2016, from http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organizations/uas/coa/

Certification for Civil Operated Unmanned Aircraft Systems ... (2015, April 1). Retrieved October 25, 2016, from http://www.faa.gov/aircraft/air_cert/airworthiness_certification/sp_awcert/experiment/sac/

FAA Type Certifies First UAS For Commercial Ops. (2013, July 26). Retrieved October 25, 2016, from http://aviationweek.com/awin/faa-type-certifies-first-uas-commercial-ops

Integration of Civil Unmanned Aircraft Systems(UAS) in the National Airspace (2013). Retrieved October 25, 2016, from http://www.faa.gov/uas/media/UAS_Roadmap_2013.pdf

Operation and Certification of Small Unmanned Aircraft Systems [PDF]. (2016). Washington, DC: Federal Aviation Administration.

Overview — Title 14 of the Code of Federal Regulations (14 CFR) [PDF]. (n.d.). Washington, DC: Federal Aviation Administration.

Section 333. (2016, September 23). Retrieved October 25, 2016, from http://www.faa.gov/uas/beyond_the_basics/section_333/

Small Unmanned Aircraft Regulations (Part 107). (n.d.). Retrieved October 26, 2016, from http://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=20516

Special Airworthiness Certification. (2016, May 3). Retrieved October 25, 2016, from http://www.faa.gov/aircraft/air_cert/airworthiness_certification/sp_awcert/experiment/sac/