{"id":1602,"date":"2017-04-07T09:04:36","date_gmt":"2017-04-07T14:04:36","guid":{"rendered":"https:\/\/jasonblair.net\/?p=1602"},"modified":"2017-04-09T19:35:45","modified_gmt":"2017-04-10T00:35:45","slug":"uas-drones-exempt-mode-c-veil-around-class-b-airport-asked-answered-faa","status":"publish","type":"post","link":"https:\/\/jasonblair.net\/?p=1602","title":{"rendered":"UAS (Drones) Exempt from Mode C Veil around Class B Airport? &#8211; Asked of and Answered by FAA&#8230;"},"content":{"rendered":"<p>In multiple discussions over the past year or so, the question of the Mode C veil around a Class B airport applies to &#8220;drones&#8221; has come up. With a lack of an ability to definitively<\/p>\n<p>Here is what was asked: <a href=\"https:\/\/jasonblair.net\/wp-content\/uploads\/2017\/04\/UAS-Chief-Legal-Council-Interpretation-Request-Jason-Blair.pdf\" target=\"_blank\">(Click Here to See the Full Letter that Was Sent to the FAA Chief Legal Counsel)<\/a><\/p>\n<p><em><span style=\"font-weight: 400;\">Interpretation is requested on the following:<\/span><\/em><\/p>\n<p><em><span style=\"font-weight: 400;\">\u201cAre small unmanned aircraft systems (UAS or \u201cdrones\u201d) exempted in hobby or commercial use from the requirement to operate with a Mode C transmitting transponder when operating within the lateral limits of Mode C veil requirements around Class B airspaces without prior approval, coordination with, or authorization from the supervising ATC facility?\u201d<\/span><\/em><!--more--><\/p>\n<p><em><span style=\"font-weight: 400;\">In consideration of the following:<\/span><\/em><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><em><span style=\"font-weight: 400;\">\u00a7 1.1 defines an \u201caircraft\u201d as \u201ca device that is used or intended to be used for flight in the air\u201d, and to which the FAA has applied this regulation to any UAS of \u201cdrone\u201d of greater than .55 lbs for requirement of registration;<\/span><\/em><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><em><span style=\"font-weight: 400;\">\u00a7 91.215 (b)(2) requires that a transponder with altitude encoding capability be used \u201cIn all airspace within 30 nautical miles of an airport listed in Appendix D, section 1, of this part from the surface upward to 10,000 feet MSL.\u201d (of FAR part 91);<\/span><\/em><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><em><span style=\"font-weight: 400;\">\u00a7 91.215 (d) requires any deviation from this compliance \u201cbe made to the ATC facility having jurisdiction over the concerned airspace within the time periods\u2026\u201d of operation and meeting the compliance requirements of FAR 91.215(d)(1), (2), and (3);<\/span><\/em><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><em><span style=\"font-weight: 400;\">It is understood that a UAS or \u201cdrone\u201d intending to conduct operations in Class B, C, D and E airspace need ATC approval. In this case, underlying a Class B airspace will most commonly exist Class E airspace, however, in some cases, Class G airspace may exist underneath a Class B airspace shelf. In either case, the question proposed here shall not be considered to be intended to imply operation within the Class B vertical airspace shelf limits, but be underneath or laterally to the side yet still within the Mode C transponder requirement veil that exists outside of most Class B airspace designated airports; as per \u00a7107.41 \u00a0\u00a0Operation in certain airspace it is understood that<\/span> <span style=\"font-weight: 400;\">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);<\/span><\/em><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><em><span style=\"font-weight: 400;\">These operations are not \u201coperated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization\u201d as designated in FAR 101;<\/span><\/em><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><em><span style=\"font-weight: 400;\">\u00a7 91.1 does not currently exempt the applicability of FAR 107 operated aircraft; (* SEE NOTE BELOW)<\/span><\/em><\/li>\n<\/ul>\n<ul>\n<li style=\"font-weight: 400;\"><em><span style=\"font-weight: 400;\">This would not be requesting interpretation of operations of aircraft subject to the provisions of part 101 or any operation that a remote pilot in command elects to conduct pursuant to an exemption issued under section 333 of Public Law 112-95, unless otherwise specified in the exemption.<\/span><\/em><\/li>\n<\/ul>\n<p><em><span style=\"font-weight: 400;\">One FAA FAQ document notes the following, \u201cthe FAA notes that operations conducted under part 107 do not need to comply with part 91 unless explicitly directed by part 107. The transponder requirement in the mode C veil (14 CFR part 91.215(b)(2)) is not required of part 107 operations.\u201d However, current regulatory guidance I have been able to find does not support that statement at this time.<\/span><\/em><\/p>\n<p>In response to these questions, the FAA provided an answer that highlighted the following\u00a0<a href=\"https:\/\/jasonblair.net\/wp-content\/uploads\/2017\/04\/FAA-Chief-Legal-Counsel-Interpretation-Blair-3-22-17-UAS.pdf\" target=\"_blank\">(Click Here to See the Full Letter the FAA Chief Legal Counsel representative Provided for Response)<\/a>:<\/p>\n<p style=\"padding-left: 30px;\"><em>&#8220;Section 91.1(f) is explicit in its treatment of Part 107:<\/em><\/p>\n<p style=\"padding-left: 60px;\"><em>Except as provided in\u00a0\u00a7 107.13, 107.27, 107.47, 107.57, and 107.59 of this chapter, this part does not apply to any aircraft governed by part 107 of this chapter.&#8221;<\/em><\/p>\n<p>With this note, it appears that the FAA considers all Part 91 requirements for flight operations for UAS aircraft to be exempt except those few exceptions.<\/p>\n<p>*Note &#8211; Now, in an effort to ensure I wasn&#8217;t crazy, because I did research this before sending in the interpretation request, I did go back to my copy of the 2016 FARs that were in place when I wrote the originally letter in August of 2016. At that time, there was no <em><span style=\"font-weight: 400;\">\u00a7 <\/span><\/em>91.1 (f). In the seven months this intepretation was floating around the FAA Legal Counsel offices, the regulation changed, so when they issued their interpretation it was now in place and could be referenced.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In multiple discussions over the past year or so, the question of the Mode C veil around a Class B airport applies to &#8220;drones&#8221; has come up. With a lack of an ability to definitively Here is what was asked: &hellip; <a class=\"more-link\" href=\"https:\/\/jasonblair.net\/?p=1602\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":["post-1602","post","type-post","status-publish","format-standard","hentry","category-aviation"],"_links":{"self":[{"href":"https:\/\/jasonblair.net\/index.php?rest_route=\/wp\/v2\/posts\/1602","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/jasonblair.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/jasonblair.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/jasonblair.net\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/jasonblair.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1602"}],"version-history":[{"count":9,"href":"https:\/\/jasonblair.net\/index.php?rest_route=\/wp\/v2\/posts\/1602\/revisions"}],"predecessor-version":[{"id":1651,"href":"https:\/\/jasonblair.net\/index.php?rest_route=\/wp\/v2\/posts\/1602\/revisions\/1651"}],"wp:attachment":[{"href":"https:\/\/jasonblair.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1602"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/jasonblair.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1602"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/jasonblair.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1602"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}