Current UAS FAA Policy After Judge Geraghty, in March 2014, ruled in favor of Pirker, stating that his Ritewing Zephyr was a model aircraft, but before the full NTSB board overturned that decision in November 2014, stating that his Ritewing Zephyr was indeed a UAS, the FAA in June 2014 issued a press release that offered guidance to model aircraft operators (FAA, 2014a). In this release the FAA attempted to issue an interpretation of the 2012 Modernization and Reform Act and restated its authority to take enforcement action against hazardous operations (FAA, 2014a). When the FAA Modernization and Reform Act was signed into law in 2012, Section 333 of this Act granted authority to the FAA to establish an interim policy that bridges the gap between the current state and National Airspace System (NAS) operations as they will be once the small UAS rule is finalized. Current FAA policy is based on whether the unmanned aircraft is used as a public aircraft, civil aircraft, or as a model aircraft (FAA, 2014b).
Current UAS FAA Policy for public operations (governmental) Where public use of UAS is concerned, the FAA developed guidance in a memorandum titled “Unmanned Aircraft Systems Operations in the US National Airspace System – Interim Operational Approval Guidance” which was referred to earlier in this paper as Policy Notice 05-01 (FAA, 2005). In this Policy Notice 05-01, the FAA set out guidance for public use of UAS by defining a process for evaluating applications for Certificate(s) of Waiver or Authorization (COAs) for UAS to operate in the NAS. This was to address the FAA’s concern for safety, not only due to interference with commercial and general aviation aircraft, but also with other airborne vehicles and persons or property on the ground (FAA, 2005). At this time COAs are available to public entities that want to fly a UAS in civil airspace (FAA, 2015c). These entities include law enforcement, firefighting, border patrol, disaster relief, search and rescue, military training, and many more. The COA allows the operator to use a defined block of airspace and includes special provisions unique to the proposed operation (FAA, 2015c). COAs are issued for a specific period, typically up to two years. Most COAs require coordination with an appropriate air traffic control facility and may require a transponder on the UAS to operate in certain types of airspace. Because UAS technology cannot currently comply with “see and avoid” rules that apply to all aircraft, a visual observer or an accompanying “chase plane” must maintain visual contact with the UAS and serve as its “eyes” when operating outside airspace restricted from other users. As of August 2015, the FAA claims the average time to issue an authorization for non-emergency operations is less than 60 business days. The FAA has an expedited procedure in place to grant a one-time COA for time-sensitive emergency missions, such as disaster relief and humanitarian efforts (FAA, 2015c). In order to ensure safety, the operator is required to establish the UAS’s airworthiness either from FAA certification, DoD airworthiness statement, or by other approved means. Applicants also have to demonstrate that a collision with another aircraft or other airspace user is extremely improbable as well as complying with appropriate cloud and terrain clearances as required. This concept is tied to the roles of pilot in command and observer and includes minimum qualifications and currency requirements (FAA, 2014c). The role of the observer is to observe the activity of the UAS and surrounding airspace, either through line of sight on the ground or in the air by means of a chase aircraft. Generally, this means that the pilot or the observer must be, typically, within one mile laterally and 3,000 feet vertically of the UAS. Furthermore, direct communication between the pilot in command and the observer must be maintained at all times. Unmanned aircraft flight above 18,000 feet must be conducted in accordance with Instrument Flight Rules (IFR), on an IFR flight plan, must obtain air traffic control clearance, must be equipped with at least a Mode C transponder (preferably a Mode S), operating lights and/or collision avoidance lights, and maintain communication between the pilot in command and air traffic control (FAA, 2014c). It is worth noting that as of 2014 the FAA had issued in excess of 609 COAs (FAA, 2015c).
Current UAS FAA Policy for civil operations (non-governmental) Any operation that does not meet the statutory criteria for public aircraft operation per 49 USC § 40102(a)(41) and § 40125 is considered a civil aircraft operation. There are currently two methods of gaining FAA authorization to fly civil (non-governmental) UAS: (1) Section 333 Exemption and (2) Special Airworthiness Certificate (SAC) (FAA, 2015d). A Section 333 Exemption is a grant of exemption in accordance with Section 333 of the FAA Modernization and Reform Act of 2012 as well as a civil COA. This process may be used to perform commercial operations in low-risk, controlled environments (FAA, 2015d). In order to qualify for a SAC, applicants must be able to describe