FAA Webinar: How to Legally Fly Over 400 Feet

Overview
If flying under Part 107, 400 feet AGL is the maximum threshold that you can reach with your sUAS. However, if you are flying within a 400 foot radius of a structure, you can fly 400 feet above the structure’s uppermost limit. Remember: Airspace can change! For example, if you are operating a sUAS 400 feet over the height of the structure in the red box shown in Figure 1, you will have switched from uncontrolled airspace to class Bravo airspace which requires a whole different method operating procedures.

Figure 1: UAS Operation Consideration

Webinar Description                                             
The following video is a Webinar that you should consider watching if you are interested in obtaining a waiver for an sUAS flight above 400 feet AGL. Similar to other Webinars, I created an outline of key takeaways to improve my understanding of the procedures that need to be in place for a successful sUAS operation. Click on the video to view the Webinar, and scroll down to view my takeaways.

In the first section of the video, the FAA introduces broad questions that need to be considered throughout  the session. These include directly addressing:

• How will you avoid other aircraft? 
• Will you have to communicate with Air Traffic Control? 
• How do you account for varying wind and weather conditions?  

Next, a very solid understanding of airspace is critical for the the success of a waiver. Understanding of airspace includes but is not limited to knowing:

• Common routes aircraft operate at
• Aircraft operation frequency
• Military activity
• Aerial applicator activity
• Helicopter activity
• Ensuring that the operation will not fly over people  
• Turbulence generated from wind farms
• Weather Conditions
• Who will be contacted to coordinate the UAS operation

In addition to the list above, you are going to need to know what aircraft you are sharing the airspace with and effectively demonstrate how you will be able to detect the other air traffic. If your operation requires visual observers, how do they communicate with you to ensure that the sUAS operation can effectively detect and yield to other aircraft? As repeated several times in the video, the FAA wants to know what your doing and how you're doing it.

Furthermore, an in depth understanding of who is controlling the airspace that you are in is vital to the success of obtaining an approved waiver by the FAA. This may involve direct communication with an Air Traffic Control Facility (ATC). Taken directly from the slides in the video, some questions that you should be prepared to answer in detail include but are not limited to:

• Which ATC facility is controlling the airspace?
• What type coordination will be needed?
• How will you prove that other aircraft will be separated from the sUA?

Waiver Safety Explanation Guidelines
As mentioned in several of the other FAA webinars, using the Waiver Safety Explanation Guidelines will aid you in writing process for the waiver. Remember, simply answering  the questions in this outline as well as the Waiver Safety Explanation Guidelines might not be enough to obtain a waiver. However, there are five key points taken from the video that are very important to address at minimum.

• Avoiding non participating aircraft/structures
• Ensuring the sUA will be seen at a distance of at least 3 statute miles
• Accurately determining the sUA altitude, attitude, and direction of flight
• Describe the area of operations
• Air Traffic Control communications

When flying at a higher altitude, the sUA will become alot more difficult to see. Therefore you must consider 107.31 and be able to determine if the sUAS is above, below, or on a collision course with another aircraft.

Lighting Considerations
In the daytime, the light on the sUA will become more difficult to see. Although you might be able to see the lights on the sUA, how will you insure that other aircraft will be able to see the sUA? Remember, other aircraft must be able to see you from at least 3 statute miles. In certain cases such as restricted airspace, or TFRs, you might be able to argue that other aircraft do not have to see the sUA.
Nevertheless, make sure the manufacture of the lights that you have for your sUA guarantees that the lights can be seen 3 statute miles or more. Shown in Figure 2 is the UAV micromax light. Although it appears to be operating in a day time condition, testing needs to be done to confirm that it can be seen from someone 3 statute miles away. 

Figure 2: UAV Micromax Light

Expectations for the Remote Pilot In Command
Taken directly from the slides in the FAA video, the Remote Pilot in Command must always know the following when operating the sUA especially in an altitude higher than 400 feet:

• Geographic location 
• Altitude AGL
• Attitude
• Direction of flight
• Visual line of sight

In applications that have failed, many request altitude that goes beyond visual line of sight. This can be corrected by submitting an extensive beyond visual line of sight waiver which is talked about in another blog post. Lastly, the FAA wants to know what kind of communications equipment that will be used during the proposed mission. More specifically are questions that one should highly consider answering in regards to communication equipment:

• Is it authorized?
• Is it reliable? 
• Is s there a backup system?
• Who will answer the call when your the RPIC? 
• How will ATC contact someone if there is no phone signal? 

Conclusion
In order to successfully obtain an airspace waiver, it is vital that the UAS crew effectively describes how and why a proposed mission will account for airspace, visual line of sight, and risk assessments throughout the entire operation of the sUAS. If you are someone who is planning to get this type of waiver for the first time, I highly recommend that your team practices the communications, emergency procedures, and crew resource management in a lower altitude that way you can better analyze and set up expectations for a higher altitude operation. For more resources that better help you plan your mission and obtain a waiver visit https://www.faa.gov/uas/commercial_operators/part_107_waivers/.