Exception for Limited Recreational Operations of Unmanned Aircraft, 22552-22555 [2019-10169]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22552-22555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10169]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2019-0364]


Exception for Limited Recreational Operations of Unmanned 
Aircraft

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice implementing the exception for limited recreational 
operations of unmanned aircraft.

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SUMMARY: This action provides notice of the statutory exception for 
limited recreational operations of unmanned aircraft. It also describes 
the agency's incremental implementation approach for the exception and 
how individuals can operate recreational unmanned aircraft (commonly 
referred to as drones) today under the exception.

FOR FURTHER INFORMATION CONTACT: For questions concerning this notice, 
contact Danielle Corbett, Aviation Safety Inspector, Unmanned Aircraft 
Systems Integration Office, 490 L'Enfant Plaza SW, Suite 7225, 
Washington, DC 20024, telephone (844) 359-6982, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Operators of small unmanned aircraft (also referred to as drones) 
for recreational purposes must follow the rules in 14 CFR part 107 for 
FAA certification and operating authority unless they follow the 
conditions of the Exception for Limited Recreational Operations of 
Unmanned Aircraft, discussed in this notice. The FAA refers to 
individuals operating under that statutory exception as ``recreational 
flyers.''
    On October 5, 2018, the President signed the FAA Reauthorization 
Act of 2018 (Pub. L. 115-254). Section 349 of that Act repealed the 
Special Rule for Model Aircraft (section 336 of Pub. L. 112-95; Feb. 
14, 2012) and replaced it

[[Page 22553]]

with new conditions to operate recreational small unmanned aircraft 
without requirements for FAA certification or operating authority. The 
Exception for Limited Recreational Operations of Unmanned Aircraft 
established by section 349 is codified at 49 U.S.C. 44809.
    With the repeal of the Special Rule for Model Aircraft, the 
regulations at 14 CFR part 101, subpart E, which implemented the 
Special Rule, are no longer valid, and the FAA intends to remove that 
subpart in the near future.
    Section 44809(a) provides eight conditions that must be satisfied 
to use the exception for recreational small unmanned aircraft (those 
weighing less than 55 pounds). Some of those conditions (specifically 
the aeronautical knowledge and safety test as well as recognition of 
community-based organizations and coordination of their safety 
guidance) cannot be implemented immediately. Accordingly, the FAA is 
incrementally implementing section 44809 to facilitate recreational 
unmanned aircraft operations. The next section sets forth the eight 
statutory conditions, explains how the agency is implementing each of 
them, and provides guidance to recreational flyers.
    Recreational flyers must adhere to all of the statutory conditions 
to operate under the Exception for Limited Recreational Operation of 
Unmanned Aircraft. Otherwise, the recreational operations must be 
conducted under 14 CFR part 107.
    Although 49 U.S.C. 44809(c) permits operations of some unmanned 
aircraft weighing more than 55 pounds under additional conditions and 
as approved by the FAA, the FAA intends to publish guidance concerning 
operations of these larger unmanned aircraft in the near future.

II. Statutory Conditions and Additional Guidance

    The eight statutory conditions are as follows:
    1. The aircraft is flown strictly for recreational purposes.
    Your unmanned aircraft must be flown for only a recreational 
purpose throughout the duration of the operation. You may not combine 
recreational and commercial purposes in a single operation. If you are 
using the unmanned aircraft for a commercial or business purpose, the 
operation must be conducted under 14 CFR part 107 or other applicable 
FAA regulations.
    2. The aircraft is operated in accordance with or within the 
programming of a community-based organization's set of safety 
guidelines that are developed in coordination with the FAA.
    The FAA Reauthorization Act of 2018 requires the FAA and community-
based aeromodelling organizations (CBOs) to coordinate the development 
of safety guidelines for recreational small unmanned aircraft 
operations. 49 U.S.C. 44809(a)(2). CBOs are defined in section 44809(h) 
and must be recognized by the FAA in accordance with section 44809(i). 
Section 44809(i) requires the FAA to publish guidance establishing the 
criteria and process for recognizing CBOs. The FAA is developing the 
criteria and intends to collaborate with stakeholders through a public 
process.
    Until the FAA establishes the criteria and process and begins 
recognizing CBOs, it cannot coordinate the development of safety 
guidelines. Accordingly, no recognized CBOs or coordinated safety 
guidelines currently exist, as contemplated by section 44809(a)(2). 
Additionally, the FAA acknowledges that aeromodelling organizations 
have developed safety guidelines that are helpful to recreational 
flyers. The FAA has determined that it is in the public interest to 
reasonably interpret this condition to allow recreational unmanned 
aircraft operations under the exception while the FAA implements all 
statutory conditions. The alternative would be to prohibit these 
operations or to require all operators of recreational unmanned 
aircraft to obtain a remote pilot certificate under 14 CFR part 107 and 
comply with the part 107 operating rules. Accordingly, to facilitate 
continued recreational unmanned aircraft operations during the 
implementation process, the FAA finds that operations conducted in 
accordance with existing safety guidelines of an aeromodelling 
organization satisfy this condition, provided those guidelines do not 
conflict with the other statutory conditions of section 44809(a).
    Alternatively, during this interim period, the FAA directs 
recreational flyers to existing basic safety guidelines, which are 
based on industry best practices, on its website (faa.gov/uas):

 Fly only for recreational purposes
 Keep your unmanned aircraft within your visual line-of-sight 
or within the visual line of sight of a visual observer who is co-
located and in direct communication with you
 Do not fly above 400 feet in uncontrolled (Class G) airspace
 Do not fly in controlled airspace without an FAA authorization
 Follow all FAA airspace restrictions, including special 
security instructions and temporary flight restrictions
 Never fly near other aircraft
 Always give way to all other aircraft
 Never fly over groups of people, public events, or stadiums 
full of people
 Never fly near emergency response activities
 Never fly under the influence of drugs or alcohol

    You also should be able to explain to an FAA inspector or law 
enforcement official which safety guidelines you are following if you 
are flying under the exception for limited recreational unmanned 
aircraft operations.
    The FAA will provide notice when it has issued final guidance and 
has started recognizing CBOs.
    3. The aircraft is flown within the visual line of sight of the 
person operating the aircraft or a visual observer co-located and in 
direct communication with the operator.
    Either the person manipulating the controls of the recreational 
unmanned aircraft or a visual observer, who is near the operator and 
able to communicate verbally, must have eyes on the aircraft at all 
times to ensure the unmanned aircraft is not a collision hazard to 
other aircraft or people on the ground. Using a visual observer 
generally is optional, but a visual observer is required for first-
person view (FPV) operations, which allow a view from an onboard camera 
but limit the operator's ability to scan the surrounding airspace.
    4. The aircraft is operated in a manner that does not interfere 
with and gives way to any manned aircraft.
    When flying an unmanned aircraft, you are responsible for knowing 
the aircraft's altitude and its position in relation to other aircraft. 
You also are responsible for maintaining a safe distance from other 
aircraft by giving way to all other aircraft in all circumstances.
    5. In Class B, Class C, or Class D airspace or within the lateral 
boundaries of the surface area of Class E airspace designated for an 
airport, the operator obtains prior authorization from the 
Administrator or designee before operating and complies with all 
airspace restrictions and prohibitions.
    Classes B, C, D, and E are collectively referred to as controlled 
airspace. The FAA has created different classes of airspace to reflect 
whether aircraft receive air traffic control services and to note 
levels of complexity, traffic density, equipment, and operating 
requirements that exist for aircraft flying through different parts of 
controlled airspace. Generally, these classes of controlled airspace 
are found near airports.

[[Page 22554]]

    Manned aircraft operations receive air traffic control services in 
controlled airspace and are authorized in controlled airspace as part 
of these services. Small unmanned aircraft operations do not receive 
air traffic services, but they must be authorized in the airspace 
because FAA air traffic control is responsible for managing the safety 
and efficiency of controlled airspace. For operations under part 107, 
the FAA has an online system, Low Altitude Authorization and 
Notification Capability (LAANC), to provide this real-time, automated 
authorization. Part 107 operators also can request airspace 
authorization through FAA's DroneZone portal, but this manual process 
can take longer.
    The FAA currently is upgrading LAANC to enable recreational flyers 
to obtain automated authorization to controlled airspace. The FAA is 
committed to quickly implementing LAANC for recreational flyers. The 
FAA also is exploring upgrades to DroneZone to enable access for 
recreational flyers.

Authorization To Operate Recreational Unmanned Aircraft at Certain 
Fixed Sites in Controlled Airspace

    Until LAANC is available for recreational operations, the FAA is 
granting temporary airspace authorizations to operate at certain fixed 
sites (commonly referred to as flying fields) that are established by 
an agreement with the FAA. For fixed sites that are located in 
controlled airspace two or more miles from an airport, operations are 
authorized up to the unmanned aircraft system (UAS) facility map 
(UASFM) altitudes. The FAA is reviewing fixed sites located within two 
miles of an airport and will make individualized determinations of what 
airspace authorization is appropriate. Aeromodelling organizations that 
sponsor fixed sites, regardless of their location within controlled 
airspace, can obtain additional information about requesting airspace 
authorization from the person identified in the For Further Information 
Contact section of this document.
    During this interim period, you may fly in controlled airspace only 
at authorized fixed sites. The list of authorized fixed sites is 
available on the FAA's website at www.faa.gov/uas and will be depicted 
on the maps on the FAA's UAS Data Delivery System, which is available 
at https://udds-faa.opendata.arcgis.com. Agreements establishing fixed 
sites may contain additional operating limitations. If you fly at a 
fixed site in controlled airspace, you must adhere to the operating 
limitations of the agreement, which is available from the fixed site 
sponsor.
    As a reminder, existing FAA rules provide that you may not operate 
in any designated restricted or prohibited airspace. This includes 
airspace restricted for national security reasons or to safeguard 
emergency operations, including law enforcement activities. The easiest 
way to determine whether any restrictions or special requirements are 
in effect as well as the authorized altitudes where you want to fly is 
to use the maps on the FAA's UAS Data Delivery System, which is 
available at https://udds-faa.opendata.arcgis.com, and to check for the 
latest FAA Notices to Airmen (NOTAMs). This information may also be 
available from third-party applications.
    The FAA will provide notice when LAANC is available for use by 
recreational flyers.
    Please do not contact FAA Air Traffic facilities for airspace 
authorization because these facilities will no longer accept requests 
to operate recreational unmanned aircraft in controlled airspace.
    6. In Class G airspace, the aircraft is flown from the surface to 
not more than 400 feet above ground level and complies with all 
airspace restrictions and prohibitions.
    Class G airspace is uncontrolled airspace in which the FAA does not 
provide air traffic services.
    You may operate recreational unmanned aircraft in this airspace up 
to an altitude of 400 feet above ground level (AGL).
    Additionally, you may not operate in any designated restricted or 
prohibited airspace. This includes airspace restricted for national 
security reasons or to safeguard emergency operations, including law 
enforcement activities. The easiest way to determine whether any 
restrictions or special requirements are in effect where you want to 
fly is to use the maps on the FAA's UAS Data Delivery System, which is 
available at https://udds-faa.opendata.arcgis.com, and to check for the 
latest FAA NOTAMs.
    7. The operator has passed an aeronautical knowledge and safety 
test and maintains proof of test passage to be made available to the 
Administrator or a designee of the Administrator or law enforcement 
upon request.
    Section 44809(g) requires the FAA to develop, in consultation with 
stakeholders, an aeronautical knowledge and safety test that can be 
administered electronically. This test is intended to demonstrate a 
recreational flyer's knowledge of aeronautical safety knowledge and 
rules for operating unmanned aircraft.
    The FAA currently is developing an aeronautical knowledge and 
safety test and plans to engage stakeholders on its development through 
a public process.
    The FAA acknowledges that satisfying this statutory condition is 
impossible until the FAA establishes the aeronautical knowledge and 
safety test. For the reasons discussed earlier in this document, the 
FAA has determined this condition will apply only after the FAA 
develops and makes available the knowledge and safety test. 
Accordingly, during this interim period, recreational flyers who adhere 
to the other seven conditions under section 44809(a), may use the 
exception for limited recreational unmanned aircraft operations.
    The FAA will provide additional guidance and notice when the 
aeronautical knowledge and safety test is available and the date on 
which adherence to this condition is required.
    8. The aircraft is registered and marked and proof of registration 
is made available to the Administrator or a designee of the 
Administrator or law enforcement upon request.
    Registration and marking requirements for small unmanned aircraft, 
including recreational unmanned aircraft, can be found at 14 CFR part 
48, and online registration can be completed at faa.gov/uas/getting_started/registration/. Each unmanned aircraft used for limited 
recreational operations must display the registration number on an 
external surface of the aircraft. Recreational flyers also must 
maintain proof of registration and make it available to FAA inspectors 
or law enforcement officials upon request.
    The FAA remains committed to facilitating safe operation of 
recreational unmanned aircraft to the maximum extent authorized by 
Congress, while effectively addressing national security and public 
safety concerns. The FAA is devoting resources to fully implement this 
new framework as expeditiously as possible.
    This interim implementation guidance provides information to 
recreational flyers on how to comply with the statutory conditions for 
the Exception for Limited Recreational Operations of Unmanned Aircraft, 
codified at 49 U.S.C. 44809. Accordingly, the FAA has determined this 
interim implementation guidance does not independently generate costs 
for recreational flyers.
    The FAA has updated FAA Advisory Circular 91-57B to reflect the 
interim guidance provided in this notice. The FAA will continue to 
provide updated

[[Page 22555]]

direction and guidance as implementation proceeds. The FAA intends to 
follow up with regulatory amendments to formalize the exception for 
limited recreational unmanned aircraft operations.
    The guidance provided in this notice is not legally binding in its 
own right and will not be relied upon by the Department or the FAA as a 
separate basis for affirmative enforcement action or other 
administrative penalty. Regardless of whether you rely on the guidance 
in this document, you are independently required to comply with all 
existing laws applicable to the operation of unmanned aircraft systems. 
Conforming your actions with the guidance in this notice does not 
excuse or mitigate noncompliance with other applicable legal 
requirements.
    Nevertheless, if your operation fails to satisfy the eight 
statutory conditions, as described in this notice, or if you are not 
operating under part 107 or other FAA authority, your operation may 
violate other FAA regulations and subject you to enforcement action. 
Additionally, if you operate your recreational unmanned aircraft 
carelessly or recklessly, the FAA may exercise existing authority to 
take enforcement action against you for endangering the national 
airspace system.
    Please continue to check faa.gov/uas on a regular basis for the 
most current direction and guidance.

    Issued in Washington, DC, on May 8, 2019.
Robert C. Carty,
Deputy Executive Director, Flight Standards Service.
[FR Doc. 2019-10169 Filed 5-16-19; 8:45 am]
BILLING CODE 4910-13-P