NPRM 107

Discussion in 'Flight Regulations' started by Shaun Stanton, Jun 18, 2016.

  1. Shaun Stanton

    Shaun Stanton Active Member

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    Supposedly in a few days the the mythical Part 107 of the Chapter 14 of the US title code is supposed to be finalized. The target date is June 20th. It is currently under review at the White House Office of Review for Information Affairs(ORIA). What this does is formalizes the 333 section of the public law 11-925 known as the 2012 Aviation Modernization and Reform Act.

    Background: When the US congress passed the 2012 act it set forth provisions for the DOT and its subordinate agency the FAA to come up with rules for the operation of sUAS's in the NAS. The provisions of sUAS are outlined in sections 331-336 of that public law. The 333 part is where the FAA outlines rules for operating commercially in the NAS. Prior to this formalization there were no set rules specifically for operating UAS's. The FAA allowed for a provision which everyone knows as the 333 exemption. The 333 exemption is merely an interim solution to allow certain operations to occur under the authority granted by the US Congress for commercial operations. What is the difference under the 333 exemption and the 107? Mainly that the FAA used it as a vehicle to exempt sUAS operators for not reasonably being able to comply with certain rules under the part 91. Some of these rules are in direct conflict to the part 91. The FAA gave us permission to in essence violate those rules. Rules like, requiring a transponder in certain airspace. Other rules such as having a N number on the aircraft at a specific font size. The FAA exempted the commercial pilot certificate, but mandated at a minimum of a sport pilot cert. They did not care what class of aircraft you got it in, as you were legal with a sport pilot in a powered parachute or a hang glider.

    Once the 107 comes out you are still operating under the 333. The difference is now the FAA has vetted a formalized process for airmanship without the need of having a manned pilot cert. The requirement assuming it has not changed from the proposed rule making is that the 107 grants a person to be a eligible to be an operator by taking a knowledge based exam and a TSA background check.

    The constraints under the 107 almost mirror the 333 exemptions provisions with a few changes. One was explained above and that is the pilot training criteria. The others are that the arduous process of getting COA's seems to be non existent as well as the requirement to file NOTAM's. The legal guys state that if you require operations outside the scope of the 107 you will need to either receive a COA or get a 333 exemption that exempts you from rules laid out in the 107 versus the 91.

    EDIT: The highlights:

    • Daytime VFR ops 30 min prior to sunset 30 After Sunrise. Must have have anti collision lights visible up to 3NM during civil twilight.
    • 16 Years of age pass a knowledge test and TSA background check, or have a part 61 pilot cert with a current flight review. Part 61 pilots will be required to complete an online course.
    • 400 foot altitude restriction with the caveat that you can be 400 feet above a structure within 400 feet lateral.
    • No overflying non-participating people.
    • No coordination required in Class G. Coordination required for B-E.
    • 87 Knots, under 55 pounds
    • 3 SM visibility from the ground station
    • No following from a vehicle unless in remote areas.
    • No careless or reckless operation of a remote aircraft
    • must be registered
     
    #1 Shaun Stanton, Jun 18, 2016
    Last edited: Jun 21, 2016
  2. Steve Maller

    Steve Maller UAV Grief Counselor

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    Thank you for your astute commentary, @Shaun Stanton! Very much looking forward to this important step.
     
  3. Shaun Stanton

    Shaun Stanton Active Member

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    It will be interesting to see what the final version looks like.
     
  4. MIke Magee

    MIke Magee Active Member

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  5. Gary Haynes

    Gary Haynes Administrator
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    Start on page 590 to read the actual 'new' FAR language. "The Amendment". Only 33 pages.
     
  6. MIke Magee

    MIke Magee Active Member

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    Gary, I was almost hoping that we would get a "Rather good guide" for the 333 operator for the 107 rule set!
     
  7. Nathaniel Midura

    Nathaniel Midura New Member

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    Seems current Section 61 pilots need to prove to of passed a knowledge test or possibly checkride (still not clear) within the past 24 months and take the online UAS training course for $50. The business will apply to be a Part 107. Micro UAS category is still pending, possibly requiring UAS that are pliable or break-away on impact.

    edit - To qualify for a remote pilot certificate, an individual must either pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center or have an existing non-student Part 61 pilot certificate. If qualifying under the latter provision, a pilot must have completed a flight review in the previous 24 months and must take a UAS online training course provided by the FAA.
     
    #7 Nathaniel Midura, Jun 21, 2016
    Last edited: Jun 21, 2016
  8. Cody Lewis

    Cody Lewis Member

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    Do you have a source for the course costing $50, and the fact the business would have to "apply" to operate under 107 rules? Didn't see any mention of either anywhere.
     
  9. Nathaniel Midura

    Nathaniel Midura New Member

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    page 553 of 624

    The FAA assumes a $50 fee to validate the identity of a remote pilot applicant who holds a part 61 pilot certificate with a current flight review and who has opted to take the online training course instead of the initial knowledge test.206

    Lastly, on the FAA website - http://www.faa.gov/uas/getting_started/fly_for_work_business/beyond_the_basics/

    Applying for 107 waiver means applying for permission "which allows for a small UAS operation to deviate from certain operating rules if the FAA finds that the proposed operation can be performed safely."

    And then more 333 and 107 quotes -

    page 81 through 84 of 624 -

    6. Current Treatment of UAS and Grandfathering of Section 333 Exemption Holders The FAA currently accommodates non-recreational small UAS use through various mechanisms, such as special airworthiness certificates, exemptions, and COAs. However, the FAA recognizes that many holders of exemptions issued under section 333 of Public Law 112-95 (section 333 exemptions) may wish to take advantage of part 107 when it goes into effect. On the other hand, some section 333 exemption holders may prefer to continue operating under the terms and conditions of their exemptions. Therefore, the FAA will allow any section 333 exemption holder to either continue operating under the terms and conditions of the exemption until its expiration, or conduct operations under part 107 as long as the operation falls under part 107.
    ...

    The FAA clarifies that current section 333 exemptions that apply to small UAS are excluded from part 107. The FAA has already considered each of these individual operations when it considered their section 333 exemption requests and concluded that these operations do not pose a safety or national security risk. The FAA recognizes, however, that there may be certain instances where part 107 is less restrictive than a section 333 exemption. Therefore, under this rule, a section 333 exemption holder may choose to operate in accordance with part 107 instead of operating under the section 333 exemption. This approach will provide section 333 exemption holders time to obtain a remote pilot certificate and transition to part 107. Operations that would not otherwise fall under part 107 may not take advantage of this option. For example, an operation with a section 333 exemption that does not fall under part 107, such as an operation of a UAS weighing more than 55 pounds, would not have the option of operating in accordance with part 107 rather than with its section 333 exemption.

    ...

    As stated above, a person currently operating under a section 333 exemption will not need to immediately comply with part 107. Additionally, a person currently operating on the basis of a part 61 pilot certificate other than student pilot would, as discussed below, be eligible to obtain a temporary remote pilot certificate upon satisfying the prerequisites specified in this rule. The temporary remote pilot certificate will authorize its holder to operate under part 107.

    edit - re-ordered post for clarity
     
  10. Cody Lewis

    Cody Lewis Member

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    Thanks for this, haven't gone through the whole document. the citation on the $50 fee is pretty funny (well their reasoning for keeping it in the final rule)

    seems though the business doesn't need to do anything as long as the operator is properly certified. (the exception being one who seeks to operate outside of the 107 rules, which would require a certificate of waiver (hilariously, a COW)

    Also, how did you get through 600 pages so quickly?
     
  11. Nathaniel Midura

    Nathaniel Midura New Member

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    I read it like my livelihood depends on it! Or at least skimmed it this morning enjoying a free day while on hiatus from the tv show I work predominately on.

    hehehe...COW...hehe gotta love aviation acronyms!
     
  12. MIke Magee

    MIke Magee Active Member

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    One of the things that caught MY attention was the "High side estimate about the number of 107 applications they will need to process from August 2016 through 2018.

    It predicts 1.5 MILLION (arguably on the HIGH side, low side is ~120K, so you pick a number in between) of commercial 107 applicants. I'm very concerned about the number of incidents that are absolutely going to occur as these folks launch and lose control. Even the most competent and careful folks on this forum have had mistakes. (AMHIK)

    What are folks' thoughts on this influx of commercial operators with fairly low "in" costs?

    Mike and I spoke this evening. I'm going to buy a helmet.
    -m

    107costs.jpg
     
  13. Steve Maller

    Steve Maller UAV Grief Counselor

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    If you think this is bad, wait until BVLOS, swarming, and cargo applications are approved. It will look like a locust invasion up there. I'm afraid your helmet will be of little help. I'm going to look for one of those old Minuteman silos in South Dakota myself. :rolleyes:
     
    MIke Magee likes this.
  14. Gary Haynes

    Gary Haynes Administrator
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    And if you believe an cost estimate from the gov't ($50) I can sell you a bridge. The estimates are notoriously bad. It's been years since I did a written so maybe someone can chime in what a written costs these days at a computerized test center.
     
  15. Steve Maller

    Steve Maller UAV Grief Counselor

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    Really? You have a bridge? Damn...the last deal I had fell through. Something about my client's nephew from Kenya who was detained at immigration...
     
  16. Nathaniel Midura

    Nathaniel Midura New Member

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    Just to clarify - The $50 estimate represents the fee for identification check and online training for current 61 license holders and NOT the written knowledge test that they estimate at $150 for current non pilots.

    Anyways, the written test I took earlier this year was $165 at a certified testing center if memory serves.
     
  17. MIke Magee

    MIke Magee Active Member

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    Good idea. Send a drone up once in a while to see if the coast is clear....

     
  18. Shaun Stanton

    Shaun Stanton Active Member

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    I did one recently for CFI it was $140 ish at a CATS center. That was standard rate for all their tests.
     
  19. Steve Maller

    Steve Maller UAV Grief Counselor

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