Current through September 24, 2024
(1) Definitions.
When used in this rule, the following terms have the meanings
given below:
(a) "Applicant" means the
individual or entity that is submitting an application for unmanned aircraft
system (UAS) flight outside the authorized flight zone. If the Applicant is an
entity, the Applicant must have an individual listed on the application as the
contact person for communication purposes.
(b) "Authorized flight zone" or "AFZ" means
the land or water within a park area or natural area that is designated for
unrestricted UAS launching, landing, and operation.
(c) "Commercial purpose" means operating a
UAS for any purpose other than personal recreation and enjoyment. Such
commercial purposes shall include, but not be limited to, filmmaking and
photography, whether by professionals or amateurs, where there is the potential
for financial gain, or where the film or photos are intended to be reproduced
or posted on publicly available media outlets as brand promotion or awareness;
scientific observation and data collection; specimen collection; GIS data
collection; and research for institutions of higher education or governmental
entities.
(d) "Commercial UAS
flight" means a UAS operated for a commercial purpose.
(e) "Commissioner" means the Commissioner of
the Department of Environment and Conservation or the Commissioner's designee.
(f) "Department" means the
Department of Environment and Conservation.
(g) "FAA" means the Federal Aviation
Administration.
(h) "Natural area"
has the same meaning as defined in Rule
0400-02-01-.03.
(i) "Park area" has the same meaning as
defined in Rule
0400-02-01-.03.
(j) "Unmanned aircraft system" or "UAS" means
an aircraft that is operated without the possibility of direct human
intervention from within or on the aircraft along with its associated elements
(including communication links and the components that control the aircraft)
that are required for the safe and efficient operation of the aircraft in the
national airspace system.
(k) "UAS
flight permit" means a permit issued under this rule to operate a
UAS.
(2) No person may
launch, land, or operate a UAS in any park area or natural area for any reason,
unless:
(a) The UAS is launched, landed, and
operated entirely inside of an AFZ, in which case, the person is not required
to secure prior written approval from the Commissioner or to pay a permit fee;
or
(b) For a UAS that is launched,
landed, or operated to any extent outside of an AFZ, the person obtains prior
written approval from the Commissioner as evidenced by a signed UAS flight
permit.
(3) Park area or
natural area guests may not operate a UAS in a manner that would violate:
(a) Tennessee state law;
(b) Any regulation promulgated by the FAA
regulating UAS flights;
(c) Any
other law regulating the operation or flight of UAS; or
(d) For persons with a UAS flight permit, any
condition of the UAS flight permit, including but not limited to conditions
added to the permit in accordance with paragraphs (5) and (11) of this rule.
(4) In order to receive
a UAS flight permit, an Applicant must provide the following in or along with
an application to the Commissioner prior to commencing flight of a UAS for
which a UAS flight permit is required:
(a)
Name and contact information of the Applicant;
(b) Name and contact information of the
individual who will pilot the UAS;
(c) Anticipated time(s) and location(s) of
all UAS flight activity requested to be authorized by the UAS flight permit,
including a description of the proposed UAS flight activity and whether it will
affect any natural features or wildlife in the park area or natural area, or
park area or natural area guests;
(d) Whether the UAS flight is for
recreational or commercial purposes;
(e) The permit fee, if any;
(f) Proof that the Applicant has all
necessary licenses, certificates, waivers, clearances, and permits required by
the FAA for the type of UAS flight in which Applicant seeks to
engage;
(g) Certification that the
Applicant agrees to remain liable for any damage caused by the UAS flight
conducted under Applicant's permit, regardless of who is piloting the UAS at
the time of the damage;
(h) If the
permit application includes a request to authorize a UAS flight for commercial
purposes, in addition to the other information required by this paragraph (4),
the Applicant shall provide:
1. The intended
use of the footage, photographs, information, or specimens to be captured
during the UAS flight, as applicable; and
2. If determined to be necessary by park area
or natural area management, a certificate of general liability insurance naming
the State of Tennessee as an additional insured with minimum limits per person
and per accident that are acceptable to the Commissioner; and
(i) Any other pertinent
information requested by park area or natural area management.
(5) All UAS flights for the
purpose of collecting artifacts or specimens on park areas or natural areas
must also comply with and receive a permit for such flight in accordance with
Rule 0400-02-02-.23 or Rule
0400-02-08-.28,
respectively.
(6) The Commissioner
may, prior to the issuance of any UAS flight permit, require a UAS flight
permit applicant to pay (in the form of a credit card, cash, certified check,
or money order made payable to the Department) a permit fee in an amount
determined by the Commissioner to be the reasonable anticipated costs
sufficient to cover costs incurred by the Department in processing the permit
application and overseeing the permitted activity as determined by the specific
facts and circumstances of that permit, including the presence of the UAS as an
inconvenience to the park area or natural area guests or interference with the
recreational nature of the park area or natural area. Upon request, the
Commissioner shall provide a written breakdown of the anticipated costs.
Nothing in this paragraph shall require the Commissioner to charge any costs
for the issuance or renewal of a permit if the Commissioner determines that the
permit may be issued and overseen without substantial cost to the
Department.
(7) Each UAS flight
permit issued will grant the one pilot named in the permit application the
right to operate one UAS at a time, subject to any special conditions outlined
in the permit.
(8) Each UAS permit
shall only be valid for the time(s) and location(s) authorized by the
Commissioner in the approval of the permit application.
(9) The Commissioner may establish the
boundaries of any AFZ within a park area or natural area and a reasonable
schedule of UAS flight operation for the AFZ, as well as whether an AFZ is
permanent, seasonal, or temporary. A suitable location for an AFZ is one that:
(a) Is relatively open and free from
obstruction;
(b) Is not near
campgrounds, cabins, or other infrastructure where park area or natural area
guests may routinely recreate or have accommodations;
(c) Is of a sufficient size to allow multiple
UAS pilots to operate simultaneously; and
(d) If possible, possesses scenic beauty or
picturesque landscapes that will provide attractive backgrounds and
opportunities for photography.
(10) The Commissioner may issue a UAS flight
permit on a form issued by the Department to authorize UAS pilots to operate a
UAS outside an AFZ pursuant to subparagraph (2)(b) of this rule. The
Commissioner may deny an application for a UAS flight permit if the
Commissioner determines, in the Commissioner's sole discretion, that the
issuance of the requested permit is inappropriate.
(11) When issuing a permit pursuant to
paragraph (10) of this rule, the Commissioner may include additional reasonable
terms and conditions the Commissioner deems necessary for the safety and
protection of park area or natural area property and/or guests. Such terms and
conditions may only limit a pilot's ability to launch, land, or operate a UAS
on certain park areas or natural areas, and may not regulate the airspace over
a park area or natural area, or the flight of the UAS itself.
(12) This rule does not apply to the
following types of UAS flight occurring within park areas or natural areas:
(a) UAS operated by employees of the State of
Tennessee, the federal government, or contractors working on behalf of the
State of Tennessee or the federal government, who are operating a UAS for
official government business; or
(b) A government agency, or a person acting
on behalf of a government agency, using UAS flights for search-and-rescue,
law-enforcement, or fire-prevention purposes.
(13) Persons exempted by paragraph (12) of
this rule must still comply with all other applicable federal, state, and local
laws governing UAS flights.
(14)
This rule is not intended to impose any restrictions on the national airspace
system under the sole regulatory authority of the FAA. To the extent reasonably
possible, this rule should not be construed as regulating the national airspace
system in any way, but only the launching, landing, and operation of UAS on
park areas or natural areas.
(15)
The Commissioner may revoke a UAS flight permit issued under this rule for any
reason in the sole discretion of the Commissioner. A UAS flight permit issued
under this rule only constitutes temporary, terminable permission to engage in
the permitted activity.
Authority: T.C.A. §§
4-5-201,
et seq., and 11-1-108.
