When is Airport notification enough?

tibrob · Oct 3, 2017

When flying within 5 miles of an airport, there seems to be a lot of confusing information around when notifying the airport is sufficient to fly. (Or do people need to also get an, FAA waiver/authorization?). I'm hoping someone here can answer the following questions - and cite the proper regulations - to bring some clarity to the issue...

I plan to fly within 5 miles of an airport. Do I need to do anything in addition to asking/notifying the airport if:
1) I am a 'hobbyist', flying for no money, and I don't have my remote pilot certificate?
2) I have my remote pilot certificate, and am flying for hire or commercial purposes?
3) I have my remote pilot certificate, but am flying for recreation / practice?

sar104 · Oct 3, 2017

tibrob said:
When flying within 5 miles of an airport, there seems to be a lot of confusing information around when notifying the airport is sufficient to fly. (Or do people need to also get an, FAA waiver/authorization?). I'm hoping someone here can answer the following questions - and cite the proper regulations - to bring some clarity to the issue...

I plan to fly within 5 miles of an airport. Do I need to do anything in addition to asking/notifying the airport if:
1) I am a 'hobbyist', flying for no money, and I don't have my remote pilot certificate?
2) I have my remote pilot certificate, and am flying for hire or commercial purposes?
3) I have my remote pilot certificate, but am flying for recreation / practice?

(1) Notify the airport operator and tower, if there is one. [14 CFR 101.41]

(2) The airport is irrelevant. If the airspace is Class G then good to fly. Otherwise FAA authorization or waiver required. [14 CFR 107.41]

(3) Same as (1) if you choose to fly under Part 101 (which you may in that situation) or same as (2) if you choose to fly under Part 107, which you can always do independent of the reason for the flight. [14 CFR 107.1, 107.41]

tcope · Oct 3, 2017

You can read section 331-336 (namely, section 336) for yourself.

https://www.faa.gov/uas/media/Sec_331_336_UAS.pdf

If you are flying as a hobby flier, you need to inform the tower and airport owner of your flight. As far as the airport requires, this is the only thing you need to do. They can ask you not to fly as a safety issue but cannot stop you from flying. You are _always_ responsible for flying safe and the towers objection can be held against you in this regard.

You only asked about airport notification.

FLYBOYJ · Oct 3, 2017

If you're in G airspace (and hold a 107 certificate) call all your flights "Part 107." Of course comply with all the requirements of "Sub-part B"

tibrob · Oct 4, 2017

sar104 said:
(2) The airport is irrelevant. If the airspace is Class G then good to fly. Otherwise FAA authorization or waiver required. [14 CFR 107.41]

So here's where I'm confused:

eCFR — Code of Federal Regulations

§107.41 Operation in certain airspace.

No person may operate a small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless that person has prior authorization from Air Traffic Control (ATC).

Is there some other section of the code that says that ATC authorization isn't enough and that I need an additional waiver? I read this section as saying that 'prior authorization from ATC is sufficient to fly in Class B, C, D, or E airspace'. Is that incorrect?

sar104 · Oct 4, 2017

tibrob said:
So here's where I'm confused:

eCFR — Code of Federal Regulations

Is there some other section of the code that says that ATC authorization isn't enough and that I need an additional waiver? I read this section as saying that 'prior authorization from ATC is sufficient to fly in Class B, C, D, or E airspace'. Is that incorrect?

When Part 107 was drafted the requirement was non-specific - ATC authorization. The FAA has since clarified that regional ATC offices are not going to be providing such authorization, and that it should be requested via the FAA website as either an authorization (one-time) or waiver (continuing).

BigAl07 · Oct 4, 2017

tibrob said:
So here's where I'm confused:

eCFR — Code of Federal Regulations

Is there some other section of the code that says that ATC authorization isn't enough and that I need an additional waiver? I read this section as saying that 'prior authorization from ATC is sufficient to fly in Class B, C, D, or E airspace'. Is that incorrect?

There WAS a time when you could call and get immediate ATC Authorization but the FAA nipped that process in the bud a while back. Even after the "MEMO" went out directing ATC to point every UAS Request to the portal there was a while when some ATC would still give immediate UAS authorizations over the phone. Those dwindled quickly and if they are still happening it's very few and far in between.

If you call ATC and do get verbal authorization (highly unlikely but possible) be sure to take notes and get exact names etc. Document Document DOCUMENT!

schlepprock · Oct 4, 2017

Back in August we were at Myrtle Beach. I planned on flying my P4 on the beach. The week before I arrived I called the MBA Air control tower to find out exactly what I needed to do. The guy I spoke with told me that I just needed to call the tower and let them know where I planned to fly, what my beginning and ending time was and my location. So on the day I was going to fly I called the tower and told them that I planned to fly. He asked me where I was, what time I would begin and end my flight, my FAA registration number and phone number. After that he said OK I have you down and that was it. I was just inside the restricted flight 5 mile radius.

sar104 · Oct 4, 2017

schlepprock said:
Back in August we were at Myrtle Beach. I planned on flying my P4 on the beach. The week before I arrived I called the MBA Air control tower to find out exactly what I needed to do. The guy I spoke with told me that I just needed to call the tower and let them know where I planned to fly, what my beginning and ending time was and my location. So on the day I was going to fly I called the tower and told them that I planned to fly. He asked me where I was, what time I would begin and end my flight, my FAA registration number and phone number. After that he said OK I have you down and that was it. I was just inside the restricted flight 5 mile radius.

That sounds entirely consistent and correct for Part 101 (recreational) flights.