PHOTOGRAMMETRIC ENGINEERING & REMOTE SENSING
September 2016
657
SECTOR
INSIGHT:
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O
n June 21, 2016, the Federal Aviation
Administration (FAA) issued its final rule on how
businesses may use small unmanned aircraft
systems (sUAS). The rule, which is commonly
known as Part 107, is expected to take effect in late August
and offers operational and safety regulations for sUAS that
are conducting non-hobbyist operations. The FAA, however,
continues to maintain the Section 333 exemption process
it introduced in October, 2014, primarily to accommodate
businesses that wish to use small UAS in ways that differ
from what is allowed under Part 107.
Under Part 107, a sUAS must be operated by an individual
(i) holding a remote pilot airman certificate with a small UAS
rating or (ii) under the direct supervision of a person who
holds a remote pilot airman certificate with a small UAS
rating. An operator (remote pilot) of a sUAS must be at least
16 years old and pass an initial aeronautical knowledge test
at an FAA-approved knowledge testing center (which test
is not scheduled to be available until late August) or have
an existing non-student Part 61 pilot certificate and pass
a small UAS online training course provided by the FAA.
(An applicant will also be vetted by the FAA for security
purposes.) The remote pilot is responsible for performing a
preflight visual and operational check of a sUAS to ensure
that safety-pertinent systems are functioning properly. This
includes checking the communications link between the
control station and the sUAS.
From an operational standpoint, Part 107 maintains many of
the same requirements in the Notice of Proposed Rulemaking
(NPRM) and recent FAA Section 333 grants:
y
y
The sUAS must weigh no more than 55 pounds.
y
y
Operations must take place within the visual line of sight
(VLOS) of the operator and occur during daylight hours
or within the hours of civil twilight (30 minutes before
sunrise and after sunset).
y
y
The sUAS may not operate over any persons not directly
participating in the operation.
y
y
Approval by Air Traffic Control required before operating
in controlled airspace.
y
y
Maximum groundspeed of 100 mph (87 knots).
y
y
Minimum weather visibility of 3 miles from control
station.
By Kevin D. Pomfret, Esq.
Part 107: FAA’s Final Rules for Commercial Use of Drones
y
y
Report to the FAA within 10 days of any operation that
results in serious injury, loss of consciousness, or property.
y
y
FAA registration is required of UAS.
However, Part 107 also contains several provisions that
depart from the NPRM and current Section 333 grants:
y
y
UAS operations must remain below 400 feet above
ground level. However, allowance for flight above 400
feet is permitted when operating within 400 feet of a
structure (an adjustment from the NPRM, which allowed
a maximum of 500 feet above ground level).
y
y
A visual observer (VO) may be used, but is not required.
y
y
No operations from a moving vehicle are permitted,
unless the operation is over a sparsely populated area.
y
y
A property owner’s consent is not required to operate
over private property.
y
y
A Certificate of Waiver or Authorization is not required
unless the operator wishes to perform certain operations
that are restricted (see discussion below).
Under Part 107, the FAA will allow sUAS operators to seek
waivers from a number of the restrictions on a case-by-case
basis. Restrictions that the FAA has stated it will consider
granting waivers to operators include:
y
y
Operations from a moving vehicle
y
y
Beyond visual line of sight operations
y
y
Night time operations
y
y
Operations of multiple small UAS
y
y
Operations in certain airspace
y
y
Operating near people who are not participating in the
activity
y
y
Operating at higher than 400 feet
The FAA has stated that it will develop a streamlined waiver
process in order to issue these waivers as quickly as possible.
It also stated that it will develop an electronic waiver system.
Photogrammetric Engineering & Remote Sensing
Vol. 82, No. 9, September 2016, pp. 657–658.
0099-1112/16/657–658
© 2016 American Society for Photogrammetry
and Remote Sensing
doi: 10.14358/PERS.82.9.657
