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/