Question regarding FAA waiver.

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Hey everyone,

The FAA has been useless in answering this question for me but I'm hoping I could get some clarity here. I just passed the part 107 test and I currently work for a university as a videographer. The university is 2 miles from an airport and falls under Class E airspace.

Our lawyer is saying that we don't need to file a waiver and we just have to contact ATC when we want to fly. However, I’m almost certain that we need to file a waiver to operate in Class E airspace unless flying for a university needs does not fall under commercial work since it’s a public institution.

I've never read anything that categorizes commercial work so I have no idea what our lawyer is basing that off of unless he's getting confused with hobbyist vs commercial flying.

The last question I have is that when the FAA approves the waiver, do you need to contact ATC every time you fly?

Thanks!
 
There are no 'special classes". Part 107 flying is the same regardless of the entity doing it. And any flying as part of a job, for marketing or advertising purposes or any other activity (even educational) that could be construed as 'commercial' falls under Part 107. As has been discussed repeatedly here and has been confirmed on the FAA sites, any Controlled airspace requires prior authorization/waiver before flying there. It cannot be done by contacting the ATC, but only though the FAA web site Request a Waiver/Airspace Authorization – Small Unmanned Aircraft System (sUAS)
Whether you need to contact ATC ahead of time before you fly will be spelled out in the waiver/authorization paperwork that the FAA sends you. My Class E authorization requires me to contact Approach Control before flying anytime.
 
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Thank you, that was very helpfu.

When you apply for the waiver, can you apply for a specific length of time? Or is it just a one day exception?
 
Thank you, that was very helpfu.

When you apply for the waiver, can you apply for a specific length of time? Or is it just a one day exception?
My original request was for an authorization for 1 month. I then submitted a second request to expand the are a bit and to extend the time period for 2 years. It was denied. In the messages that they sent back, the fat suggested that the longer period should be submitted as a waiver request and the tone suggested that that would be approved (assuming everything else was ok). Been busy, but should resubmit the waiver request within the week.
 
However, I’m almost certain that we need to file a waiver to operate in Class E airspace unless flying for a university needs does not fall under commercial work since it’s a public institution.

You are correct. It doesn't matter that it's a public institution, airspace wise. They may have their own takeoff / landing rules.

However, Let's get clear about something. You say Class E airspace. There are 3 ways to take this:

1. You are actually wanting to fly in actual Class E airspace, which typical starts at 700' AGL inside an airport's 5 mile radius. That will require a Waiver/Authorization. Do you actually want to fly higher than 700'?

2. The area is in a Class E Surface area. This will require a Waiver/Authorization no matter what altitude. Class E Surface is not common, but this is one of the places the Richard R has to contend with.

3. The airport is actually in Class G, with Class E starting 700' AGL above it. This is the most common situation. No Waiver/Authorization is needed. No ATC contact needed as you are Part 107 and there is no ATC there to contact anyway. But ... I would advise letting them know, if they have a UNICOM frequency. UNICOM is where pilots get info from a person at the airport about local conditions. One particular airport I fly near is KCCB and I let them know so they can advise pilots that I'm nearby, even though I'm in Class G airspace.

Please give the airport FAA destination and name so we can look on a sectional map to further advise.

Regarding a waiver: I applied for a Class D Airspace Authorization (not Waiver) and was approved. It was the 2nd one I've received for the same area but later dates. It's good for 6 months. Took about a month to get.
 
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You are correct. It doesn't matter that it's a public institution, airspace wise. They may have their own takeoff / landing rules.

However, Let's get clear about something. You say Class E airspace. There are 3 ways to take this:

1. You are actually wanting to fly in actual Class E airspace, which typical starts at 700' AGL inside an airport's 5 mile radius. That will require a Waiver/Authorization. Do you actually want to fly higher than 700'?

2. The area is in a Class E Surface area. This will require a Waiver/Authorization no matter what altitude. Class E Surface is not common, but this is one of the places the Richard R has to contend with.

3. The airport is actually in Class G, with Class E starting 700' AGL above it. This is the most common situation. No Waiver/Authorization is needed. No ATC contact needed as you are Part 107 and there is no ATC there to contact anyway. But ... I would advise letting them know, if they have a UNICOM frequency. UNICOM is where pilots get info from a person at the airport about local conditions. One particular airport I fly near is KCCB and I let them know so they can advise pilots that I'm nearby, even though I'm in Class G airspace.

Please give the airport FAA destination and name so we can look on a sectional map to further advise.

Regarding a waiver: I applied for a Class D Airspace Authorization (not Waiver) and was approved. It was the 2nd one I've received for the same area but later dates. It's good for 6 months. Took about a month to get.


The airport is Pitt Greenville Airport (PGV) in Greenville, NC. The circle is the magenta dashed lines so I believe that is Class E surface. My plan is to rarely go above 100ft.
 
Yup, Class E Surface there. Even odder is that segment area (SSW wedge) where it's not Class E up to 200'MSL. Time to apply for the Waiver. Give as much information about exactly what boundaries you want. You'll have to set a hard max alt. It might help to have a VO and included in the application, if you can.
 
Regarding a waiver: I applied for a Class D Airspace Authorization (not Waiver) and was approved. It was the 2nd one I've received for the same area but later dates. It's good for 6 months. Took about a month to get.

Regarding the class D waiver - did you just request blanket authorization to operate in the class D or did you include any language to self-restrict flying within a certain radius of the airport?

Thanks,

John.
 
Regarding the class D waiver - did you just request blanket authorization to operate in the class D or did you include any language to self-restrict flying within a certain radius of the airport?

Thanks,

John.
The authorization application will ask for specific coordinates on the center point of your mission along with an estimated radius. You could include this language if you would like ( I did in my application) but they will already have it. I was extremely detailed with my application and made sure to hit on every performance based standard they list. Didn't have any issues.
 
Yes, but for the waiver, the mission point may change. I'm thinking about looking for a 6mo waiver for operations in the Class D. That would in theory mean there isn't a dedicated mission center each time but I suspect the tower guys would probably not like a drone within 2-2.5nm of the airport hence my theory on excluding the center. Does the waiver actually hit the tower manager at the Class D? If so I'll give them a call and ask as I fly a fixed wing out of the same airport.
 
Regarding the class D waiver - did you just request blanket authorization to operate in the class D or did you include any language to self-restrict flying within a certain radius of the airport?

The later. Mine is site specific for 0.1NM radius at a defined lat/lon which is a city park. I'm limited to 200AGL and via emails to the FAA guy, it was mentioned that if I wanted over 200AGL that co-ordination with the D tower would be needed in granting it.
 
Thanks.... I've got an email into an ATC buddy at my local tower (KCDW) and will see what he tells me about a more generous low level authorization and if it can be negotiated.
 

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