FACILITATION OF FLIGHT EXPERIENCE EXEMPTION

SAMPLE FACILITATION OF FLIGHT EXPERIENCE EXEMPTION

1. Operations authorized by this grant of exemption include any unmanned aircraft system (UAS), along with the approved maximum take-off weight (MTOW), which includes payload, for the respective UAS identified on the List of Approved UAS under 49 U.S.C. § 44807 at Regulatory Docket No. FAA-2023-1271 at www.regulations.gov, when weighing 55 pounds (lbs.) or greater including payload. Proposed operations of any aircraft not on the list, or at different weights than currently approved, will require a new petition or a petition to amend this exemption.
2. The Operator must petition for an amendment to this decision if the operator makes any update or revision to the operating documents, aircraft systems, operating parameters, or other supporting documents that would affect the basis upon which the FAA granted this exemption. The operator must submit all other updates by contacting the FAA’s Flight Standards Service, Emerging Technologies Division, General Aviation and Commercial Branch (AFS-750) 800 Independence Avenue, SW, Washington, DC 20591. Telephone number: 202-267-9700, Email: [email protected]. The Operator must track such revisions and present updated and revised documents to the Administrator or any law enforcement official upon request.
3. All operations that occur pursuant to this exemption must be conducted in accordance with an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA). The Exemption Holder must apply for a new or amended COA if it intends to conduct operations that the terms of the COA do not permit. In the absence of any express altitude restriction in a COA or any other document the FAA provides that applies to operations under this exemption, the maximum altitude shall be 400 feet above ground level (AGL). Altitude must be reported in feet AGL.
4. The Operator must comply with all applicable manuals and procedures provided in support of the requested relief. Where discrepancies exist between the conditions and limitations of this exemption, the associated COA, and the operating documents, the most restrictive terms apply.
5. Operations over people are prohibited except over the pilot in command (PIC), the visual observer (VO), participant of the flight experience, and others directly involved in the safe operation of the flight.
6. The UA must remain within the visual line of sight (VLOS) of the PIC. VLOS means the PIC must be able to, with natural unaided vision except for corrective lenses, see the UA and determine its orientation, height above the surface, and direction of flight. The UA must be conspicuous so as to be obvious within the VLOS area. The Exemption Holder may use visual observers (VOs) as an operational mitigation; however, the PIC must be able to see the UA throughout the flight.
7. The unmanned aircraft (UA) may not be operated at a groundspeed exceeding 30 miles per hour or at a speed greater than the maximum operating speed recommended by the aircraft manufacturer, whichever is slower.
8. All operations must use a VO. The PIC must ensure that the VO can perform the duties required of the VO.
9. Effective communication among the crew must be maintained at all times during the operation. Electronic messaging or texting is not permitted during flight operations. All crew, including the PIC, VO(s), participants of the flight experience and ground personnel used for takeoff and landing, must maintain two-way voice communications with each other during operations. If unable to maintain two-way voice communication, the PIC will land the UA in a safe location as soon as they determine it is practicable to do so. If communication occurs by electronic device:
a. The device must be continuous full-duplex;
b. The PIC must be able to use the device hands-free; and
c. There must be a reliable back-up communication method.
10. The PIC must be designated before the flight and cannot transfer their designation throughout the duration of the flight. In all situations, the PIC is responsible for the safety of the operation. The PIC is also responsible for meeting all applicable conditions and limitations as prescribed in this exemption and ATO-issued COA when conducting operations and operating in accordance with the operating documents.
UAS PIC and Flight Personnel
11. The PIC must be qualified in accordance with the Operator and manufacturer’s training programs and manuals to operate the UAS safely. The PIC must remain current and qualified before conducting operations under this exemption.
12. The PIC has final responsibility and authority for the safe operation and flight of the aircraft in accordance with relevant regulations and company policies and procedures. The PIC executes vehicle commands through the ground control station and monitors system health status information. The PIC is responsible for flight conduct and contingency management.
The PIC’s qualifications must include:
a. Successful completion of the operator’s training program for PICs;
b. Hold a Remote Pilot Certificate with a small UAS rating issued in accordance with 14 CFR part 107 and be in compliance with § 107.65;
c. Pass either a sport, recreational, or private pilot FAA airman knowledge test before acting as PIC, or, in the alternative, hold any 14 CFR part 61 pilot certificate (other than a student pilot certificate) and meet the flight review requirements of § 61.56; and,
d. Hold at least a third-class medical certificate
13. The Operator may utilize this exemption for training, proficiency, and experience–building flights of the PIC. The Operator must ensure that the PIC can satisfactorily make evasive and emergency maneuvers and maintain appropriate distances from persons, vessels, vehicles, and structures before operating non-training, proficiency, or experience-building flights under this exemption.
14. The PICs must immediately inform the Operator of any deviations or exemptions they obtain that might affect their compliance with the PIC requirements under this exemption.
UAS operating rules
15. Pursuant 14 CFR § 91.103, prior to each flight, the PIC must conduct a pre-flight inspection, become familiar with all information concerning that flight and determine the UAS is in a condition for safe operation. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. The UA may not operate under this exemption if the inspection reveals the existence of a condition that affects the safe operation of the UAS, until the PIC determines the UAS is in a condition for safe flight.
16. The PIC is prohibited from beginning a flight unless, considering wind and forecast weather conditions, there is enough available fuel and power for the UA to conduct the intended operation with sufficient reserves such that the PIC can land the UA without posing an undue risk to aircraft or people and property on the ground.
17. Each UA must be controlled by only one PIC and a single control station at a time. A PIC may not operate multiple UA at the same time.
18. Operations may not be conducted under special visual flight rules (SVFR).
a. Each operation may only occur when weather in the area of the operation is reported and forecasted to be at least 3 statute miles visibility within 1 hour before and 1 hour after takeoff and landing.
b. The UA must remain 500 feet below and more than 2,000 feet horizontally from clouds.
c. The PIC must obtain and use real-time weather information as described in the operating documents.
d. The PIC must land the UA as soon as possible if the PIC is unable to comply with the visibility and cloud clearance requirements.

19. The distance between the ground control station (GCS) and the UA must not exceed radio line of sight through the entirety of the proposed flight path during all operations. Operations using multiple GCSs and/or command and control link relays along the flight path for handoff between GCSs are prohibited.
20. The Operator may conduct operations when the person facilitating the flight experience is qualified as a PIC under this exemption and designated as PIC for the entire duration of the flight. Flight experience participants may participate by manipulating the flight controls of a UAS but are not required to hold any airman certificate. The PIC must supervise their conduct and the PIC must also have sufficient override capability to immediately take direct control of the UAS and safely abort the operation if necessary to avoid an unsafe condition.
21. Any maintenance or alterations that affect the UAS’ operation or flight characteristics, such as replacement of a flight-critical component, must undergo a functional test flight prior to conducting further operations under this exemption. Functional test flights must be conducted within VLOS by a PIC with the assistance of a VO as defined above, and other personnel required to conduct the functional flight test (such as a mechanic or technician) and must remain at least 500 feet from all other people. The functional test flight must be conducted in a manner that does not pose an undue hazard to persons and property. The Operator must permit the Administrator to observe functional test flights upon request.
22. The Operator must follow the manufacturer’s operating limitations, maintenance, service bulletins, overhaul, replacement, inspection, and life limit requirements for the UA and its components. Each UAS operated under this exemption must comply with all original equipment manufacturer (OEM) safety bulletins. Maintenance must be performed by qualified individuals who have been trained by the manufacturer in proper techniques and procedures for these UAS and all maintenance must be recorded in the aircraft records including a brief description of the work performed, date of completion and the name of the person performing the work.
23. The Operations Manuals, Aircraft Maintenance and Service Manuals, Federal Communications Commission (FCC) Grant of Equipment Authorization, and a copy of this exemption must be accessible to the PIC at the control station during all operations that occur under this exemption and made available to the Administrator upon request.
24. All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, and structures, unless when operating:
a. Near nonparticipating persons. The UA may only be operated less than 500 feet from a person who is not directly participating in the operation of the aircraft when barriers or structures are present. Such barriers must sufficiently protect the person from the aircraft and from debris or hazardous materials from the aircraft. Under these conditions, the Operator must ensure the person remains under such protection for the duration of the operation. If a situation arises in which the person leaves such protection and is within 500 feet of the UA flight, operations must cease immediately and in a manner that does not cause undue hazard to any person.
b. Near vessels, vehicles, and structures. Prior to conducting operations within 500 feet of any vessels, vehicles, or structures, the Operator must obtain permission to proceed within 500 feet from a person with authority over such vessels, vehicles, or structures. The PIC must first assess the risk of operating closer to those objects and determine that it does not present an undue hazard.
25. Visual Observers must:
a. Maintain effective communication with the PIC at all times;
b. Be able to maintain VLOS with the UA and maintain awareness of the aircraft’s position, attitude, and altitude;
c. Scan the airspace where the UA is operating for any potential collision hazard; and
d. Successfully complete Exemption Holder’s training program for VOs, which includes training, a written and oral knowledge test, and recurrent training.
26. Operations under this exemption may not occur from any moving vehicle or aircraft.
27. The PIC must abort the flight operation if circumstances or emergencies arise that could degrade the safety of persons or property. In such cases, the PIC’s termination of flight operations must not cause undue hazard to persons or property.
28. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1.
29. The Operator may not make any representations that the flight experience program has been approved or accepted by the FAA, or that the program is required to meet FAA requirements.
30. This exemption is not valid for operations outside of the United States.

Jonathan Rupprecht

Aviation Attorney. FAA Certificated Commercial Pilot and Flight Instructor (CFI/CFII). Contributor at Forbes.com for Aerospace and Defense.