[4910-13] 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

Docket No. FAA-2006-25714 

Unmanned Aircraft Operations in the National Airspace System 

AGENCY: Federal Aviation Administration (FAA), DOT. 

ACTION: Notice of policy; opportunity for feedback. 

SUMMARY: This notice clarifies the FAA’s current policy concerning operations of 

unmanned aircraft in the National Airspace System. 

FOR FURTHER INFORMATION CONTACT: Kenneth D. Davis, Manager, Unmanned 

Aircraft Program Office, Aircraft Certification Service, Federal Aviation Administration, 

800 Independence Avenue, SW., Washington, DC 20591, (202) 385-4636, email: 

kenneth.d.davis@faa.gov.

Background 

 Simply stated, an unmanned aircraft is a device that is used, or is intended to be 

used, for flight in the air with no onboard pilot. These devices may be as simple as a 

remotely controlled model aircraft used for recreational purposes or as complex as 

surveillance aircraft flying over hostile areas in warfare. They may be controlled either 

manually or through an autopilot using a data link to connect the pilot to their aircraft. They 

may perform a variety of public services: surveillance, collection of air samples to determine 

levels of pollution, or rescue and recovery missions in crisis situations. They range in size 

from wingspans of six inches to 246 feet; and can weigh from approximately four ounces to 
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over 25,600 pounds. The one thing they have in common is that their numbers and uses are 

growing dramatically. In the United States alone, approximately 50 companies, universities, 

and government organizations are developing and producing some 155 unmanned aircraft 

designs. Regulatory standards need to be developed to enable current technology for 

unmanned aircraft to comply with Title 14 Code of Federal Regulations (CFR). 

 The Federal Aviation Administration’s current policy is based on whether the 

unmanned aircraft is used as a public aircraft, civil aircraft or as a model aircraft. 

Unmanned Aircraft Systems Operating as Public Aircraft

 The most common public use of unmanned aircraft today in the United States is by 

the Department of Defense. U.S. operations in Iraq, Afghanistan and elsewhere have fueled 

a huge increase in unmanned aircraft demand. In Iraq alone, more than 700 unmanned 

aircraft are in use for surveillance and weapons delivery. 

 Other agencies have also found public uses for unmanned aircraft. For example, the 

Customs and Border Protection uses them to patrol along the US/Mexican border. In the 

future, unmanned aircraft could be used to provide first responder reports of damage due to 

weather or other catastrophic causes. 

 In response to this growing demand for public use unmanned aircraft operations, the 

FAA developed guidance in a Memorandum titled “Unmanned Aircraft Systems Operations 

in the U.S. National Airspace System – Interim Operational Approval Guidance” (UAS 

Policy 05-01). In this document, the FAA set out guidance for public use of unmanned 

aircraft by defining a process for evaluating applications for Certificate(s) of Waiver or 

Authorization (COA’s) for unmanned aircraft to operate in the National Airspace System. 

The concern was not only that unmanned aircraft operations might interfere with 
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commercial and general aviation aircraft operations, but that they could also pose a safety 

problem for other airborne vehicles, and persons or property on the ground. The FAA 

guidance supports unmanned aircraft flight activity that can be conducted at an acceptable 

level of safety. In order to ensure this level of safety, the operator is required to establish 

the Unmanned Aircraft System’s (UAS) airworthiness either from FAA certification, a DOD 

airworthiness statement, or by other approved means. Applicants also have to demonstrate 

that a collision with another aircraft or other airspace user is extremely improbable as well 

as complying with appropriate cloud and terrain clearances as required. Key to the concept 

are the roles of pilot-in-command (PIC) and observer. The PIC concept is essential to the 

safe operation of manned aircraft. The FAA’s UAS guidance applies this PIC concept to 

unmanned aircraft and includes minimum qualifications and currency requirements. The 

PIC is simply the person in control of, and responsible for, the UAS. The role of the 

observer is to observe the activity of the unmanned aircraft and surrounding airspace, either 

through line-of-sight on the ground or in the air by means of a chase aircraft. In general, 

this means the pilot or observer must be, in most cases, within 1 mile laterally and 3,000 feet 

vertically of the unmanned aircraft. Direct communication between the PIC and the 

observer must be maintained at all times. Unmanned aircraft flight above 18,000 feet must 

be conducted under Instrument Flight Rules, on an IFR flight plan, must obtain ATC 

clearance, be equipped with at least a Mode C transponder (preferably Mode S), operating 

navigation lights and / or collision avoidance lights and maintain communication between 

the PIC and Air Traffic Control (ATC). Unmanned aircraft flights below 18,000 feet have 

similar requirements, except that if operators choose to operate on other than an IFR flight 

plan, they may be required to pre-coordinate with ATC. 
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 The FAA has issued more than 50 COA’s over the past 2 years and anticipates 

issuing a record number of COA’s this year. 

For more information, Memorandum on UAS Policy (05-01) and other policy 

guidance is available at the FAA Website: http://www.faa.gov/uas. 

Unmanned Aircraft Systems Operating as Civil Aircraft

 Just as unmanned aircraft have a variety of uses in the public sector, their application 

in commercial or civil use is equally diverse. This is a quickly growing and important 

industry. Under FAA policy, operators who wish to fly an unmanned aircraft for civil use 

must obtain an FAA airworthiness certificate the same as any other type aircraft. The FAA 

is currently only issuing special airworthiness certificates in the experimental category. 

Experimental certificates are issued with accompanying operational limitations (14 CFR § 

91.319) that are appropriate to the applicant’s operation. The FAA has issued five 

experimental certificates for unmanned aircraft systems for the purposes of research and 

development, marketing surveys, or crew training. UAS issued experimental certificates 

may not be used for compensation or hire. 

The applicable regulations for an experimental certificate are found in 14 CFR 

§§21.191, 21.193, and 21.195. In general, the applicant must state the intended use for the 

UAS and provide sufficient information to satisfy the FAA that the aircraft can be operated 

safely. The time or number of flights must be specified along with a description of the areas 

over which the aircraft would operate. The application must also include drawings or 

detailed photographs of the aircraft. An on-site review of the system and demonstration of 

the area of operation may be required. Additional information on how to apply for an 
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experimental airworthiness certificate is available from Richard Posey, AIR-200, (202) 267-

9538; email: richard.posey@faa.gov. 

Recreational/Sport Use of Model Airplanes

 In 1981, in recognition of the safety issues raised by the operation of model aircraft, 

the FAA published Advisory Circular (AC) 91-57, Model Aircraft Operating Standards for 

the purpose of providing guidance to persons interested in flying model aircraft as a hobby 

or for recreational use. This guidance encourages good judgment on the part of operators so 

that persons on the ground or other aircraft in flight will not be endangered. The AC 

contains among other things, guidance for site selection. Users are advised to avoid noise 

sensitive areas such as parks, schools, hospitals, and churches. Hobbyists are advised not to 

fly in the vicinity of spectators until they are confident that the model aircraft has been flight 

tested and proven airworthy. Model aircraft should be flown below 400 feet above the 

surface to avoid other aircraft in flight. The FAA expects that hobbyists will operate these 

recreational model aircraft within visual line-of-sight. While the AC 91-57 was developed 

for model aircraft, some operators have used the AC as the basis for commercial flight 

operations. 

Policy Statement 

The current FAA policy for UAS operations is that no person may operate a UAS in 

the National Airspace System without specific authority. For UAS operating as public 

aircraft the authority is the COA, for UAS operating as civil aircraft the authority is special 

airworthiness certificates, and for model aircraft the authority is AC 91-57. 

The FAA recognizes that people and companies other than modelers might be flying 

UAS with the mistaken understanding that they are legally operating under the authority of 
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AC 91-57. AC 91-57 only applies to modelers, and thus specifically excludes its use by 

persons or companies for business purposes. 

The FAA has undertaken a safety review that will examine the feasibility of creating 

a different category of unmanned “vehicles” that may be defined by the operator’s visual 

line of sight and are also small and slow enough to adequately mitigate hazards to other 

aircraft and persons on the ground. The end product of this analysis may be a new flight 

authorization instrument similar to AC 91-57, but focused on operations which do not 

qualify as sport and recreation, but also may not require a certificate of airworthiness. They 

will, however, require compliance with applicable FAA regulations and guidance developed 

for this category. 

 Feedback regarding current FAA policy for Unmanned Aircraft Systems can be 

submitted at www.faa.gov/uas. (Scroll down to the bottom of the page and find Contact 

UAPO. Click into this link.) 

Issued in Washington, DC on February 6, 2007 

/s/ Nick Sabatini 

Nicholas Sabatini 

Associate Administrator for Aviation Safety