UAS updates

[James Carlson]

I've been gathering updates and changes that may affect how you operate
within Part 107, and I have four important ones that I think you should
know about.  (Please let me know if you don't want updates like this
from me in the future; I'll be happy to remove you from the list.)

1. ID Number Marking Change

   On February 25th, new rules (RIN 2120-AL32) will go into effect for
   UAS registration markings.  You can't place the registration sticker
   (for Part 48) inside an interior compartment anymore.  It must be on
   the outside of the aircraft.

   This is an Interim Final Rule, which means that it goes into effect
   before the comment period ends.  You can comment on the rule before
   March 15th, if you want.  (My take is that the new rule isn't a
   substantial burden on anyone, and that one could imagine worse
   rules.)

   https://www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-00765.pdf

   Here's the comment page:


https://www.federalregister.gov/documents/2019/02/13/2019-00765/external-marking-requirement-for-small-unmanned-aircraft

2. Line Of Sight Interpretation

   107.31(b) and 107.33 as well as test questions appear to establish
   the ability to use visual observers and radio to extend range.
   However, both FAA webinars and AC 107-2 describe a much narrower
   interpretation that you should be aware of.  Neither of those sources
   is an official legal interpretation (you can get one of those by
   asking the FAA Office of the Chief Counsel or waiting for an NTSB ALJ
   ruling), but it's usually the case that if an idea appears in any of
   those "non-regulatory" sources, then the FAA is likely to push that
   in the future.

   There are at least three common interpretations of these rules:

     a. As above, it's an "or" relationship, meaning that the observer
        can be the only person with eyes on the craft.  No other
        restrictions are listed.
     b. The observer can be used to allow the PIC and/or operator to
        use first-person video or binoculars for normal operation, with
        the observer making sure the operation stays away from people
        and other aircraft.
     c. The observer can only help fill in temporary gaps when the PIC
        looks away momentarily.  The PIC and operator both must always
        have contact.

   It looks like the FAA is going with (c).  Even though it's not
   written in Part 107, the interpretation is that 107.31(b) applies
   only when the PIC is temporarily looking away and not on a continuous
   basis.

   Most UASes don't have the battery power to get too far away, so this
   should not have a substantial effect on many.  But still, to be safe
   (and avoid FAA entanglement), here's what I recommend if you need a
   large operating area.  Either:

     A. Have more than one licensed remote pilot on the job.  There can
        be only one PIC at a time, but it's perfectly legal to hand off
        PIC authority at any time, and you can have multiple licensed
        operators standing by in different locations to extend range.  I
        recommend that you use a variation on the standard transfer-
        of-controls protocol when doing this:
            You: "Joe, you have command."
            Joe: "Joe has command."
            You (confirming): "Joe has command."
        Using that sequence guarantees that there are no
        misunderstandings.  (Small changes may need to be made if the
        other licensed operator is not actually named "Joe.")

     B. Get a beyond-line-of-sight waiver.  In the waiver application,
        you will need to describe how you get the same level of safety.
        This likely means:
          - Having multiple observers.
          - Having a training program for the observers.
          - Having some set of clear signals ("climb immediately",
            "return to start now") that can be used quickly and
            unambiguously.
          - Describing the radio (or other) system used for
            signaling.
          - If you have more than one control operator, explaining
            how hand-off occurs between them, and how they hear from
            the operators.
          - How area hand-offs occur and what to do if there are
            radio failures.
        Your best bet is to read through successful waivers to get an
        idea of what is known to work.  For example:


https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued/media/107W-2018-12266A_Jonathan_Daniels_CoW.pdf

        There are thousands more available here:


https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued/

3. Pass Well Clear Interpretation

   When operating beyond the line of visual sight and passing "well
   clear" of another aircraft, a new draft Advisory Circular defines
   what that phrase means.  For the new AC, it means at least 250 feet
   vertically (above or below), or 2000 feet horizontally.  This isn't
   intended to affect "normal" line-of-sight operations under Part 107,
   but I believe it will be a useful reference anyway.


https://www.faa.gov/aircraft/draft_docs/media/afs/AC_90-WLCLR_Coord_Copy.pdf

4. Operation Over Certain Facilities

   Surprising nobody, the FAA is prohibiting UAS operations over Federal
   prisons starting February 26th.  You can view the restrictions in the
   B4UFLY app and the UAS DDS:


https://faa.maps.arcgis.com/apps/webappviewer/index.html?id=9c2e4406710048e19806ebf6a06754ad

   https://www.faa.gov/news/updates/?newsId=93048

5. Big Changes Coming

   RIN 2120-AK85 is a new draft of UAS updates that makes huge changes
   in operation for most users.  It opens up night operations without a
   waiver, requiring instead additional training and lighting systems.
   It gives new rules that allow operation over people and moving
   vehicles without a special waiver, based on manufacturer safety
   demonstration.  Biggest of all: it converts the 24 calendar month
   renewal into an on-line training program from the FAA, instead of an
   expensive new knowledge test.

   This is just a draft right now.  It's not even an NPRM yet, let alone
   a regulation, but it may well be coming soon, and those interested
   should keep an eye out for it.


https://www.faa.gov/uas/programs_partnerships/DOT_initiatives/media/2120-AK85_NPRM_Operations_of_Small_UAS_Over_People.pdf

-- 
James Carlson         42.703N 71.076W         <carlsonj at workingcode.com>