Introduction to the new Small Unmanned Aircraft Rule (Part 107)
The new Small Unmanned Aircraft Rule is primarily focused around two parts: small UAS Operating Rules (Part 107 – Subpart B), and the introduction of a remote pilot certificate and a small UAS rating (Part 107 – Subpart C).
The small UAS Operating Rules offer similar operating limits to the existing Section 333 blanket COA or Public Agency Blanket COA. Existing small UAS operators under the UC’s Section 333 Exemption or Public Agency Blanket COA will transition easily to the new operations. Additionally, a key new provision under Part 107 enables a proponent to apply for a waiver of certain provisions in Part 107 to enable operations such as night flying, flying over people, or flying beyond visual line of sight.
The introduction of the new remote pilot certificate and small UAS rating is a major step that replaces the need for a manned pilot certificate with a sport or private pilots rating. The new certificate is obtained after passing an Aeronautical Knowledge exam at an FAA-approved knowledge testing center. Unlike the manned aviation certificates that can cost upwards of $5000, the new remote pilot certificate is expected to cost $200. The exam is currently priced at $150 and $50 for TSA security vetting. Further information on the new certificate will be released shortly.
Small UAS Operations Summary
· The pilot must have remote pilot certificate with a small UAS rating.
· No careless or reckless operations.
· No carriage of hazardous materials, but other material or items may be carried.
· Maximum altitude of 400 ft and maximum groundspeed of 100 mph.
· May fly only during daylight and within visual line of sight, or close enough to see the aircraft clearly without additional vision aids.
· No flying over people unless they are part of the operation or are under a covered structure.
· Flights near airports will require prior airport authorization.
· A visual observer may be used however it is not required for flights.
· Records of all flights must be made available to the UC and the FAA.
· Certain provisions or restrictions may be waived on a conditional basis.
Remote Pilot Certificate Summary
· Operators must pass an Aeronautical Knowledge Test at an FAA-approved knowledge testing center.
· Preliminary expectation of cost is $200.
· Make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required.
· Report an accident to the FAA within 10 days of any operation that results in injury or property damage.
· All flights must include a preflight inspection.
Aircraft Requirement
· The small UAS and payload combined must weigh less than 55 lbs.
· FAA airworthiness certification is not required.
· Small UAS must be in good condition
· Small UAS must undergo a preflight check before each flight.
The Use of UAS at the University of California
Within the University of California system, Unmanned Aircraft Systems are in use at nearly every campus and with a diversity unparalleled in any other entity. Students use UAS to learn in their aerodynamics courses, students are forming clubs around drone racing, faculty use UAS to research watershed hydrology, campus communication use UAS to film campus shots, and facilities management use UAS to monitor infrastructure, just to name a few examples. Depending on the purpose, different sets of UAS regulations must be followed. The introduction of the new Small UAS Rule provides a simplified set of regulations that will be applicable in many applications within the University of California.
The use of UAS in UC curriculum and use of UAS by student clubs have previously been ruled to be exempt from the new regulations. These activities fall under the ‘Model Aircraft’ or ‘Recreational’ use of UAS and must follow those regulations that do not require the operator to obtain a remote pilot certificate or manned aviation certificate.
Researchers that develop UAS or use UAS in their research now have the option to obtain the remote pilot certificate with small UAS rating ($200) instead of the previous manned aviation license ($5,000 to $10,000) for flights under 400 ft. The new rule removes the restriction on the make and model of aircraft, enabling researchers to use any UAS under 55 lbs. For flights that exceed the operation limits described in Part 107, UC researchers have the option to apply for a waiver under Part 107 or apply for a Public Agency COA.
Campus staff, such as facilities management and campus communication, also have the option to obtain the remote pilot certificate with small UAS rating to use any UAS under 55 lbs. for flights under 400ft. However, since many of the UC campuses are near airports, additional permission from local air traffic control (ATC) will be required prior to flight. Prior authorization from ATC may require a new workflow, however, it is a significant improvement over the current process under the Section 333 exemption that requires the filing of a COA which can take upwards of 45 days to approve. The Center of Excellence on UAS Safety will continue to work to streamline this process for each campus.
Enactment of Part 107 at the UC
In order to comply with FAA reporting mandates, the UC will require the use of a flight planning and documentation system. A UC-developed system will be deployed prior enactment of this Small UAS Rule that will satisfy all federally mandated operation procedures and reporting. More information on this system will be released over the summer.
Any UAS operation until the new regulations are enacted must be conducted under the existing FAA authorizations obtained by the UC. The new regulations will not cancel the UC's existing FAA authorizations, and existing approved authorizations are not in jeopardy. While the new regulations enable many UAS activities, authorizations of flights that exceed the operating limits set by the new law can still be applied for via the waiver process in Part 107, the existing Section 333 Exemption or Public Agency Operation process.
