Part 107 allows us to fly within class G (uncontrolled airspace) up to 400'. This is huge and describes most of the country. Class B, C and D surface areas are excluded. Manned aircraft must have a mode C transponder (B an C), establish two way communication (B, C and D) and receive a clearance to enter Class B airspace. We can do any of this.
Class E to the surface is a little tricker as this is an untowered airport that has an instrument approach that goes down to 200' AGL typically. Fortunately an airport with an instrument approach that goes this low typically has a control tower.
To fly in any of this airspace Part 107.41 only requires prior authorization from Air Traffic Control (ATC). While it is possible to get a waiver from 107.41, it does not state we can not fly in this airspace without this waiver. Again it only says that you must have prior ATC (tower) authorization.
There is no reason to believe that the tower would tell a certified remote pilot that he can not fly in this airspace, yet give approval to a hobbiest in the same location.
While it may be true someone at the FAA told Joet that he needed a waiver to fly in controlled airspace, it is likely he FAA person did not understand the question or does not understand the new regulations.
The regulations are what the regulations state. Yes, you do need a waiver to fly in controlled airspace WITHOUT prior authorization, and NO you do not need a waiver to fly I controlled airspace with prior ATC (tower) authorization.
It really is that simple.
Dave,
I see you are a CFI, but I respectfully disagree with your assessment of the regulations. Reference this:
https://www.faa.gov/uas/media/AC_107-2_AFS-1_Signed.pdf
Section 5.8 (
Emphasis added):
It states:
5.8 Operation Near Airports; in Certain Airspace; in Prohibited or Restricted Areas; or in the Proximity of Certain Areas Designated by a Notice to Airmen (NOTAM). Though many sUAS operations will occur in uncontrolled airspace, there are some that may need to operate in controlled airspace. Operations 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, are not allowed unless that person has prior authorization from air traffic control (ATC).
The link to the current authorization process can be found at www.faa.gov/uas/. The sUAS remote PIC must understand airspace classifications and requirements. Failure to do so would be in violation of the part 107 regulations and may potentially have an adverse safety effect. Although sUAS will not be subject to part 91, the equipage and communications requirements outlined in part 91 were designed to provide safety and efficiency in controlled airspace. Accordingly, while sUAS operating under part 107 are not subject to part 91, as a practical matter, ATC authorization or clearance may depend on operational parameters similar to those found in part 91. The 6/21/16 AC 107-2 5-6 FAA has the authority to approve or deny aircraft operations based on traffic density, controller workload, communication issues, or any other type of operations that could potentially impact the safe and expeditious flow of air traffic in that airspace. Those planning sUAS operations in controlled airspace are encouraged to contact the FAA as early as possible. (For suggested references, please see paragraph 2.3.)
This clearly states the authorization process is to fill out the same form as the waiver process. You can't just call the tower and request permission to enter the airspace. That is not the current authorization process.
What is happening is the FAA is sending out sector maps to all airports. They are sending these back to the FAA with recommended maximum altitudes per sector. The FAA will approve or disapprove authorizations centrally based on this feedback and notify the airport and the remote pilot. It is a centralized process.
Over time, I expect this to evolve. I think you would agree it is unworkable in the long run.
As to your comment that Class G covers most of the country, that is not the point. I suspect that much of the commercial opportunity from Part 107 will come from urban and suburban areas that are in close proximity to a controlled airport. Real estate comes to mind, but also filming for TV, movies, and commercials, package delivery, and a whole host of other uses in densely populated residential and commercial centers. It is not a viable solution to require a detailed waiver process that takes 90 days. Ultimately this needs to either go away altogether, have reduced maximums for these areas, or require local ATC authorization or preferably notification (like hobbyists).
Finally, regarding surface Class E extensions of Class D airspace... they really should just make the maximum 200 feet AGL without a waiver. These extensions often take up huge chunks of densely populated suburban residential and commercial land. There are huge commercial applications in these areas, even if limited to treetop-altitudes. While it is a "surface" Class E, manned aircraft should not be operating under 200 feet in these areas anyway. An IFR approach would be above this altitude if I am not mistaken, but a UAS operation would be done in VFR conditions anyway, and see-and-avoid should be pretty easy at this altitude. Selfishly, I would be fine with a 200' AGL and 300' radius restriction within controlled airspace without notification. That's all I need for my typical expected operations. I realize that would not suit many. At a certain point it is ridiculous to require ATC authorization (i.e. operations below adjacent treetops within the confines of a residential property).
In the interim, we will just have to jump through the hoops and follow the letter of the law.
