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.
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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