Requirement to notify heliports, seabases, and other "airports" within 5 miles

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Federal law is enormous and can be quite complex. It can be difficult to understand the difference between the Code of Federal Regulations, rules published in the Federal Register, Public Laws passed by Congress, and statutes in the United States Code.

There is one requirement that I think was somewhat hastily added to the law: the obligation to notify an "airport" when operating a UAS within a 5-mile radius.

But what does that mean, exactly? And who all does that apply to?
Many people are surrounded by aircraft interchanges that laymen would not consider a traditional "airport." But does that mean you must notify every heliport, seabase, and cropduster with a dirt runway in a 5-mile radius every time you fly?

Yes...if you don't have your Part 107 license.

But let's first review who all this applies to.
The statute requiring UAS operators to notify airports in a 5-mile radius comes from Sec. 336 of Public Law 112-95 (entered into 49 U.S.C. 40101.)

This law states that the FAA may not make any rules about model aircraft when the model aircraft being flown meets a short list of criteria. One of those criteria is that the operator has notified the airport operator and the airport air traffic control tower (when there is an ATC) when flying within 5 miles of the airport.

So, what's interesting to point out here is that this only applies to model aircraft operating under Sec. 336. That is, pilots who are flying without a remote pilot certification (RPC) and are operating for solely recreational purposes.
Pilots who operate under a different authority (such as a part 107 license, or a part 333 exemption) do *not* have to notify airports within 5 miles because Section 336 only applies to hobbyists.
However, when operating under a different section (such as Part 107) rules regarding class D and class E airspace regulations, as well as all of the other applicable regulations still apply (400' ceiling, daytime operation, line of sight, etc.)

So if you're 107 licensed and operating under that license, you're in the clear.

Okay, so now for all of you hobbyists without your Part 107 RPC, who do you have to notify? What exactly does the law mean when it says "airport?"

Well, definitions for the same word can be different in different sections of the law. So it's important to look at the definitions from the appropriate statute.
The "Special Rule for Model Aircraft" that hobbyists fly under is part of 49 U.S.C. 40101

So, we look to 49 U.S.C. 40102 "Definitions" which starts off:

(a) General Definitions.-In this part-...

'in this part.' Okay, good. Both 40101 and 40102 are under Part A of Subtitle VII. So now that we know we are looking at the correct definitions, let's see how it defines "airport:"

(9) "airport" means a landing area used regularly by aircraft for receiving or discharging
passengers or cargo.



Bam. There is no language that says "only fixed winged airports with runways." It says "aircraft."
That means every heliport.
That means every seabase.
That means every private airfield.

If you are working five miles and you are flying as a hobbyist without a 107 license or 333 exemption, you must notify them. All of them. And all of the ATCs too if they have towers. It may be inconvenient but it is the law.


I've seen some people complain that it can be difficult to know who to call for certain "airports." The contact information for every "airport" (including heliport, etc.) can be found on the FAA's website here:
Airport Data & Contact Information



So in summation, in trying to prevent the FAA from burdening hobbyist pilots, Congress inadvertently became the burden itself with passing this law.

I hope this post clears up the issue for everyone. It took me a few hours to sort through all of the ambiguity. I'm also open to corrections if anyone notices any errors.

EDIT:
Some people are wondering if you simply need to "notify" an airport, or if you need the airport's permission to fly.

The FAA has stated that the agency “would consider flying model aircraft over the objections of FAA air traffic or airport operators to be endangering the safety of the NAS.”

So, because section 336 (the law requiring the 5 mile notification) also explicitly gives the FAA the authority to regulate hobbyists to the extent required to protect the safety of the National Airspace System, it is within the FAA's authority to require hobbyists to comply with ATC and airport operators' restrictions. I.e. an airport operator can tell you "no" and if you defy them, you do so at your own peril.
 
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Note FAR 101.41(e)

§ 101.41 Applicability.

This subpart prescribes rules governing the operation of a model aircraft (or an aircraft being developed as a model aircraft) that meets all of the following conditions as set forth in section 336 of Public Law 112-95:

(a) The aircraft is flown strictly for hobby or recreational use;

(b) The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

(c) The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;

(d) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(e) When flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.
 
"airport" means a landing area used regularly by aircraft for receiving or discharging
passengers or cargo


But what does regularly mean? Hourly, daily, monthly? There are three private airports near where I live. When I look at the satellite image of the area, it looks like they have been plowed over, or not used in years. Also, if the pilot is the only human on board, is he a 'passenger'?
 
"airport" means a landing area used regularly by aircraft for receiving or discharging
passengers or cargo


But what does regularly mean? Hourly, daily, monthly? There are three private airports near where I live. When I look at the satellite image of the area, it looks like they have been plowed over, or not used in years. Also, if the pilot is the only human on board, is he a 'passenger'?

If the FAA list them active and you are a hobbyist, you have to contact them IAW FAR 101.41(e) if you are within 5 miles of their location and want to fly your drone.

As mentioned in the first post, this is based on Sec. 336 of Public Law 112-95 (entered into 49 U.S.C. 40101.)

What should also be noted is the FAR and section 336 don't read exactly the same.
 
Hi,

When I was first starting to fly (before 107), I contacted the heliport that is about 4 mikes away. Gentlemen was very nice and said that I did not need to contact him every time.

Since then, I got the Part 107 certification and do not contact heliports ( maybe hospitals if I will be flying really close to them < 1 mi away, as a courtesy ). Trying to get a waiver to fly in Class D airspace has been more trouble than what it is worth. I am in the hobby for the Photography aspect. The photos are primarily for my own use, but I do distribute them to friends, social media and give prints as gifts.

Rob
 
I try to be really cautious if I fly where I live. I live near a homeland security training base called muskatatuck urban training center. I am 3 miles from it and 4 miles from north vernon indiana municipal airport. I think they both hate me or think drones are a joke because when I call them both to notify them that I am just a hobbyist taking a flight and declare where I am. They seem to not care at all and blow me off I have even just been hung up on twice. The problem is the airport here let's small aircraft fly really low sometimes they are low as 250 feet. My other danger is the MUTC center flying black hawks around my field all the time as low as 150 feet during training. I feel super anxious when I fly at home and feel like my local airport just doesn't care about drones or the inherent risk of what could happen if something ever goes wrong. I only keep calling and bugging them because I feel like it is the right thin
g to do even know I think they don't give a ****. If you guys want to look up the area it's north vernon indiana 47265. I live on county road 175 north. would like to hear your opinions on what you guys would do if you were me thanks.
 
Worry what others think?... never.

Comply with current requirements, CYA, and have fun (safely).
 
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Hi,

You might want to take a look at a sectional chart, make sure that you are not in a Military Operations Area. If you are, there is a number that you can call to see when the MOA is active. The only issue for me is that I am just outside of Class C airspace (by more than 5 miles, but still In the warning area which extends 30 nautical miles from the airport). The GO app advises me of this. Planes can be seen at what I believe to be about 700 feet AGL (sometimes a little lower, depending on weather), which is why there is a buffer. I always yield, seldom do I fly higher than 300'. Those military copters move quickly, stay safe. When we camp there is a small airport nearby where folks parachute from. I notified them several times last summer, they acted like I was bothering them. Now that I have my 107, I don't call them (not required).

Rob
 
"airport" means a landing area used regularly by aircraft for receiving or discharging
passengers or cargo


But what does regularly mean? Hourly, daily, monthly? There are three private airports near where I live. When I look at the satellite image of the area, it looks like they have been plowed over, or not used in years. Also, if the pilot is the only human on board, is he a 'passenger'?

You would probably have to look at case law to define "regularly" and "passengers." Next time I'm in front of a computer with WestLaw access, I will look and see if I can find an answer.

In the meantime, I would look and see if the airports you mentioned are still registered with the FAA. You can lookup the airports' contact information here:
Airport Data & Contact Information

By law, the FAA has to be given notice before an airport can be closed. The idea is that this way the FAA knows where every airport is in case of an emergency. They don't want a pilot in distress to be directed to fly toward an old airfield only for the pilot to find out on descent that it was torn up and replaced by townhomes! They need their maps to always be current. So if the airports near you are still in commission, the FAA would likely know, and it would be listed on their website.
 
The base is not much of a problem because I do know when they are training because they do notify the town I live in due to convoys and increased chopper noise by advertising it in newspaper other than that the base stays pretty dead. I don't fly when they are training but that north vernon Indiana municipal airport is a PITA they just don't care. I know it's not true but I feel like when you call I have more air traffic around me after than before I called. At night though the airport seems to have no traffic. When at home I just try to stay under 250 feet. Feel safer doing that even know I try my best to be safe it just paranoias me that the local airport acts like I am flying a cheap walmart toy. Anyone want my address to see if there is anything I am missing about my area of flights.
 
Good analysis. Airmap lists 20 heliports that I need to call before I fly. Great incentive to go 107.

You are still safer to give notice. A lot of people will tell you that you do not have to but I always call heliports to make sure they know I will be there, also I file a UOA at 1800wxbrief.com. This way I have done my due diligence to keep from interfering with air traffic as per 107 5.8.1.1.

You can't cover your butt too much with the FAA.

Plus it's a common courtesy for our fellow airmen.
 
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