Flying in Class D

[ucmj22]

Here's the skinny; I've been tasked by my company to create a promotional video. They want drone shots included as an element in the video. I had them buy a DJI Mavic Air 2 and pay for my Part 107 certification. I don't need much drone footage but the issue is that our facility is in Class D airspace close enough to an airport that the highest ceiling available for automated clearance through LAANC is 0ft. It seems that I must file a request directly with the FAA to fly in this area which I understand can take up to 90 days to get approval. if we have poor weather conditions on the morning I've requested to fly and I have to cancel the flight, do I then have to wait another 90 days to get another approval? Is there any better way to do this?
My company would also like to be able to use the drone to perform checks on the state of the building and other assets on location like our nitrogen tower and solar panels. Is there any way we would be able to get rapid clearance to do something like this? All flights I've mentioned so far could be performed under 100ft.
I've heard that if I was a recreational flyer, all I would have to do is get clearance from the ATC but because I would be flying under Part 107, the FAA authorization is required. Is this true, and does anyone know if the FAA plans to fix that ridiculous loophole?

 

[MapMaker53]

Recreational flyers are now also required to use LANNC, so no more loophole there. My company's property is also in a zero grid cell. I've had this type of a waiver response come back within a week after using DroneZone to file one, so I doubt it will take anywhere near 90 days. Unfortunately, it will only be good for that day. You could always submit more than one for different days if you want additional date options. Definitely do not request greater than 100 ft, and I would recommend more like 75 ft. Key to getting approval is to go into great detail as to how you intend to make sure your flight will not interfere with manned aircraft in the area -- using a Visual Observer, setting a maximum altitude and distance in your flight software, having the local ATC on speed dial, having a Fail Safe return upon control signal loss, keeping VLOS, having a pre-planned emergency landing site, checking all equipment before launching, sighting any nearby cell tower or power lines that may act as a known deterrent to manned aircraft in your vicinity, etc. You get the picture. Spell it out for them so as to put everyone at that ATC at ease. Don't just rely on your Part 107 status to impress them. Good luck.

 

[ucmj22]

Thank you! I had so many things on my plate I didn't even think about just requesting multiple days up front in case of bad weather. It sounds like we won't be able to make any impromptu inspections without the FAA waiver though which means it would likely be faster for us to just get a contractor out there to physically check things like the solar panels or Nitro tower even if we have to wait a couple days. Thanks for all the input. Much appreciated!

 

[ucmj22]

If I could borrow your expertise for another moment, would using the following information when requesting my waiver be acceptable?

Flight Plan

Date: Monday, March 15

Time: 0700-1200

Location and parameters of flight: Flight will take place in the vicinity of XXXXXXXXXX, approximately 1.3SM NE at 62° from XXXX ATC Tower. Flight will have a western boundary of XXXX Dr. (Long. -XX.XX3484), eastern boundary of railroad tracks (Long. -XX.XX9006), northern boundary of XXXX Dr. (Lat. XX.XX9201) and a southern boundary of XXXX Manufacturing (Lat. XX.XX4992).

Ceiling: 75ft. - Highest known obstructions to manned aircraft between proposed flight zone and XXXX ATC are 45’ (man-made structure in proposed flight zone) and 100’ (approximate height of tallest trees between proposed flight zone and ATC Tower).

Safety measures to avoid manned aircraft: Flight ceiling requested is below natural obstructions to manned aircraft in the area and no more than 30 ft above man-made obstructions. Visual observer will be stationed on rooftop of facility in proposed flight zone, geofencing created in flight control software to keep UAS within proposed boundaries, Automatic Return to Home enabled in the event of signal loss, flight within VLOS only and will notify XXXX ATC at XXX-XXX-3921 prior to launch and after final landing.

Also, I noticed while checking out the waiver request process that there is an option for "Airspace Waiver." Is this something I might be able to get that would allow flights with the same parameters to occur without repeated submissions? I wouldn't try it for my first request considering it says not to unless instructed to, but thought it may be an option. Text of the airspace waiver is below ↓↓↓. Thanks again!

AIRSPACE WAIVER: Use this to request a waiver from 14 C.F.R. § 107.41. Airspace Waivers may be issued where the applicant can demonstrate safety mitigations through equipage that their UAS can safely operate in controlled airspace without seeking ATC authorization prior to each operation. Processing times for airspace waivers are significantly longer than processing times for airspace authorizations.
Do not submit a request for an airspace waiver unless you've been instructed to do so by the FAA Emerging Technologies Team. If you are seeking access to controlled airspace under 107.41, submit a request for a 107.41 airspace authorization.

 

[MapMaker53]

Yes, sorry. Correct terminology is important. You will be applying for an airspace authorization, not a waiver - a mistake I obviously often make myself. If I understand correctly (and others should correct me if I am wrong), an Airspace Waiver requires that you be using equipment that provides a direct and automatic communication signal (think transponder) to either ATC or manned aircraft that alerts them to the presence and location of your drone in the airspace at all times. I believe this capability is beyond that of any widely sold consumer drone models. The FAA is probably just anticipating the eventual advanced technologies that delivery drones may have as part of their electronics.

You should have no trouble in obtaining airspace authorization using the above wording and content in your application. Good luck.

 

[Aerial Edge]

Yes you need a COA, it says it can take 90 days but I have had them come back in less then 3 before. Request as high as you think you will need to do the job, just keep in mind the higher you go, depending on where in the airspace you are located, will usually put more restrictions on your flights. I have a COA for a zero grid in Military Class D airspace. I have 400 feed from 1NM out. I have to call ATC 48 Hours ahead of time, then call 15 Minute before flight operations. Keep in mind if they are under IFR rules you cannot fly. I deal with calls to ATC all of the time and it is usually pretty painless. The Military bases get a bit more complicated. If you are planning on doing a shoot, I would request a week or 2. Tell them what you are doing, and request the time and explain you want to make sure you have the time you need to complete the task, and allow for weather delays or delays from ATC in case they will not let you fly. Depending on the airspace they may or may not give you what you are asking for.

When you type the COA in drone zone, copy and past the info into a Text file and save it. That way if you have to reapply or for a different project in the same airspace it saves you time.

 

[Jim West]

I don't request COA's very often, but those that I have requested are generally granted in a couple of days, and for more than just one day. I asked for 100' in a small part of a 0 grid near the Class D DET, and they gave me authorization for two weeks.

 

[Kristina Fowler]

I realize that even the FAA has limited resources and can't be a doting Mother for all 107 pilots. That said, I find it odd that some protocol does not exist that lets the pilot say to the FAA "This is what, when, where, and how I want to fly. Please tell me what I have to do", as opposed to submitting a waiver on a wing and a prayer and hoping you have all the important boxes checked. It would be nice if you could present the location of your business to the FAA and let them tell you what you can and cannot do in order to fly. I realize this may be a simplistic view but I never can reconcile this in my head.

I don't disagree with MapMaker53's proposed game plan (it's very comprehensive) because that seems to be the only option per the waiver process. But if you omit a key element, you're SOL. How do you predict what a particular FAA official will or won't approve? It seems to be a purely subjective process depending on which FAA person is assigned to your waiver request. It's a bit like guessing a number between 1 and 10.

 

[Vic Moss]

Contact ATC manager, you can find that info at www.airnav.com. Tell them what you need to do and ask them what safety mitigations they'd like to see in a 107.41 Airspace Authorization. You can also apply for a LAANC authorization if the airport is LAANC active. You'll apply using a LAANC provider (I prefer Skyward or UASidekick).

Using LAANC to ask for permission outside AGL limits is called a Manual Request, and has to be done 4 or 5 days in advance. If no one has looked at it within 24 hours of the flight time, it's automatically cancelled. That's why it's also important to ask them if you can contact them when you put the request in so they can look for it.

Most ATC managers will work with you, but some won't.

 

[R Martin]

Here's the skinny; I've been tasked by my company to create a promotional video. They want drone shots included as an element in the video. I had them buy a DJI Mavic Air 2 and pay for my Part 107 certification. I don't need much drone footage but the issue is that our facility is in Class D airspace close enough to an airport that the highest ceiling available for automated clearance through LAANC is 0ft. It seems that I must file a request directly with the FAA to fly in this area which I understand can take up to 90 days to get approval. if we have poor weather conditions on the morning I've requested to fly and I have to cancel the flight, do I then have to wait another 90 days to get another approval? Is there any better way to do this?
My company would also like to be able to use the drone to perform checks on the state of the building and other assets on location like our nitrogen tower and solar panels. Is there any way we would be able to get rapid clearance to do something like this? All flights I've mentioned so far could be performed under 100ft.
I've heard that if I was a recreational flyer, all I would have to do is get clearance from the ATC but because I would be flying under Part 107, the FAA authorization is required. Is this true, and does anyone know if the FAA plans to fix that ridiculous loophole?

I'll start with the last and work my way back to the front. What you heard was BS. You can't shoot a job for commercial interest as a recreational flyer period. If you make a profit in any way on the images or video you are flying commercial, period. Anything else is a violation of the FAR. There is no loophole; just really bad information.

Class D airspace authorization: it depends entirely on whether or not you are in an area served by LAANC or not. If you are in a LAANC served area you file generally the day before flight and have your authorization in hand in near real-time. If not, yes you do need to file via Drone Zone for an airspace authorization and the process can take up to 90 days, BUT, I generally get a response back in under ten days. If you do have to go the paper route and file through Drone Zone, then ask for 1 year for the authorization. I think my last two were for two years.

0 grid box: I would file for an airspace authorization to begin with and maybe you get lucky and it is approved. Otherwise, you are probably going to need a waiver for altitude. If that is the case I personally would first contact the airport manager/tower supervisor and see if you can't talk it out with them first so everyone is happy prior to filing paperwork. They are going to be in the approval chain and it makes a difference if they can associate a face with the request.

 

[Vic Moss]

0 grid box: I would file for an airspace authorization to begin with and maybe you get lucky and it is approved. Otherwise, you are probably going to need a waiver for altitude.

No, not an altitude waiver. In order to fly in a 0'AGL grid (or above any other grid maximum), you simply apply for a 107.41 Airspace Authorization. Simply ask for the AGL request (as long as it's not over 400') in the authorization application in the Drone Zone. You do not need a 107.51b (over 400') authorization for a simple 0 grid request.

If the airport if LAANC active, you can also apply for a Manual LAANC Request via a LAANC supplier. Simply put the safety mitigations in the explanation box.

107.51b waivers are very specific, and aren't for flying in controlled airspace, in the vast majority of the time.

 

[R Martin]

No, not an altitude waiver. In order to fly in a 0'AGL grid (or above any other grid maximum), you simply apply for a 107.41 Airspace Authorization. Simply ask for the AGL request (as long as it's not over 400') in the authorization application in the Drone Zone. You do not need a 107.51b (over 400') authorization for a simple 0 grid request.

If the airport if LAANC active, you can also apply for a Manual LAANC Request via a LAANC supplier. Simply put the safety mitigations in the explanation box.

107.51b waivers are very specific, and aren't for flying in controlled airspace, in the vast majority of the time.

I use the paper method even though we were just transitioned to LAANC recently last year. I have a Class D authorization good for another year and a half which I will use until it expires. When that happens, I am going to try and get a renewal rather than file for every flight we make. More cost efficient for me.

 

[Vic Moss]

I use the paper method even though we were just transitioned to LAANC recently last year. I have a Class D authorization good for another year and a half which I will use until it expires. When that happens, I am going to try and get a renewal rather than file for every flight we make. More cost efficient for me.

If it's LAANC, you likely won't be able to get a long term wide area authorization. Our only option to do that was to use our 107.29 waivers to get a long term wide area. With that going away in May, we lose that. The FAA ATO and UAS Office are working on the next acceptable method for night flights in controlled airspace.

 

[R Martin]

If it's LAANC, you likely won't be able to get a long term wide area authorization. Our only option to do that was to use our 107.29 waivers to get a long term wide area. With that going away in May, we lose that. The FAA ATO and UAS Office are working on the next acceptable method for night flights in controlled airspace.

I wouldn't hold my breath on that. You might try filing for renewal early and see if you can get it through before they shut the door on those request.

 

[Vic Moss]

I wouldn't hold my breath on that. You might try filing for renewal early and see if you can get it through before they shut the door on those request.

Applying early isn't a bad idea. We can use our 107.29 to still get the long term wide area, we just can't use it as night after 5/17. The COAs will still be usable during daylight hours.

 

[Aerial Edge]

Applying early isn't a bad idea. We can use our 107.29 to still get the long term wide area, we just can't use it as night after 5/17. The COAs will still be usable during daylight hours.

That is nice to know. Most of the airspace around me is Military, so I do not anticipate having a LAANC on those anytime soon. But that is a good thing to keep in mind.

 

[Vic Moss]

That is nice to know. Most of the airspace around me is Military, so I do not anticipate having a LAANC on those anytime soon. But that is a good thing to keep in mind.

Yeah, DOD airspace is a ways away from LAANC, if it happens at all.

 

[R Martin]

Applying early isn't a bad idea. We can use our 107.29 to still get the long term wide area, we just can't use it as night after 5/17. The COAs will still be usable during daylight hours.

Amendment D of 107.29 states, "(d) After May 17, 2021, no person may operate a small unmanned aircraft system at night in accordance with a certificate of waiver issued prior to March 16, 2021 under §107.200. The certificates of waiver issued prior to March 16, 2021 under §107.200 that authorize deviation from §107.29 terminate on May 17, 2021."

So what is to stop you from filing for another 107.29 waiver after 16 March? If you have a need to be operating at night now, that would certainly be a topic for conversation with your local FSDO.

 

[Vic Moss]

So what is to stop you from filing for another 107.29 waiver after 16 March? If you have a need to be operating at night now, that would certainly be a topic for conversation with your local FSDO.

Because the FAA won't be granting them any more. They are going away. The only way to get one after that would be to be able to fly outside the new 107.29 rules. So basically a waiver to fly without a 3SM strobe.