Evolving Law on Airport Implications by Unmanned Aerial Systems (2017) / Chapter Skim
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Pages 13-19
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13 restricted areas,49 warning areas,50 military operation areas (MOAs) ,51 alert areas,52 and controlled firing areas (CFAs)
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14 Higher risk operations, including operations beyond visual line of sight (BVLOS) and/or over people are yet unresolved issues that the FAA and drone industry are continuing to address as part of a phased plan for incorporating UAV into the NAS.
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15 threat to national security and could safely be operated in the NAS; and based on that assessment, (2) establish requirements for the safe operation of the UAS into the NAS.
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16 Although these operational constraints appear clear on their face, regulation of "model aircraft" is tricky. The first criterion alone -- flight strictly for hobby or recreational use -- is open to interpretation.
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17 applies to modelers, and thus specifically excludes its use by persons or companies for business purposes." 87 The FAA expressed its reasoning as follows: 88 Policy Statement 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.
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18 dams, oil refineries, national parks, emergency services, and other industrial complexes.95 Under AC91-57A, Change 1, the requirement not to fly within TFRs, or other circumstances where prohibited, would apply to operation of model aircraft that would otherwise comply with section 336 of the FMRA.96 In any case, model aircraft operators should follow best practices including limiting operations to below 400 feet AGL.97 Currently, while model aircraft are not subject to the provisions of 14 C.F.R. Part 107 consistent with the FMRA, Part 101 incorporates the statutory mandate in section 336(b)
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19 containing a complete description of the proposed operation and a justification, including supporting data and documentation as necessary, that establishes that the proposed operation can safely be conducted under the terms of the requested CoW.103 For example, a request for a major deviation from Part 107 for an operation that takes place in a congested metropolitan area with heavy air traffic will likely require significantly more data and analysis than a request for a minor deviation for an operation that takes place in a sparsely populated area with minimal air traffic.104 If a CoW is granted, that certificate may include additional conditions and limitations designed to ensure that the small UAS operation can be conducted safely.105 C FAA Extension, Safety, and Security Act of 2016 (FESSA)
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