The FAA has updated their Part 137 uncrewed aerial application systems (UAAS) webpage with a highlighted header which reads:
“The FAA has become aware of exemption holders conducting commercial agricultural operations in a manner noncompliant with the conditions and limitations of their exemption. Therefore, the FAA is implementing operational validations to ensure that each exemption holder fully understands their obligations to conduct operations in accordance with their exemption, the required Part 137 certificate, their ATO-issued COA, and all pertinent sections of 14 CFR. This includes basic requirements such as obtaining a Remote Pilot Certificate and registering their UAS.
The FAA has begun to send requests for information (RFI) seeking basic operational information. Without this information, the FAA will not move forward with a decision letter and will close your petition request for failure to respond to the RFI.”
This new requirement for prospective Part 137 UAS operators to submit Basic Operational Information includes the following:
- 1. The applicant’s full legal name and address. (Not a PO Box)
- 2. The Chief Supervisor of Operations. The “Chief Supervisor of Operations” is the point of contact for the petitioner that will be able to answer any potential FAA questions regarding the applicant’s operations in a timely manner.
- 3. What is the contact information for the Chief Supervisor of Operations to include a phone number and an email address? Please provide the Chief Supervisor of Operations’ address if different from the applicant’s address. (Not a PO Box)
- 4. Who will be the pilot in command (PIC) for the proposed UAS operations? Please provide the name and pilot certificate number for your PIC (for example “1234567”).
- 5. What aircraft do you intend to operate under this exemption? Please provide each aircraft’s make, model, and N-number (for example “N123UA”) as well as the name of the owner of each aircraft you intend to operate under this exemption.
* For extension or amendment requests only: - 6. What is your 137 Certificate number (for any extension requests)? (for example “123A456B”)
This change, while acknowledging widespread non-compliant UAAS operations, does not seem to address the core issue of a lack of understanding. NAAA has fielded numerous calls and questions regarding UAAS operators who simply do not understand the federal regulations they are subject to, nor the conditions and limitations in their exemption which they must adhere to when conducting operations.
NAAA appreciates FAA collecting this information, however, more needs to be done to seriously address the issue, including more enforcement . Over the past several years, FAA, due to congressional pressure, has iteratively lowered the bar for entry to UAAS operations. The requirement of a commercial pilot certificate has been removed. The requirement for demonstrating Part 137 Knowledge and Skills has been removed. The requirement for a medical certificate has been removed. The requirement for FSDOs to routinely inspect UAAS operations (as they do crewed Part 137 operations) has been removed. The end result is a certification process which can be easily misused, certifying individuals with little knowledge of, and vested interest in, conducting safe airspace operations.
More education on this front is sorely needed, and there has been progress. FAASTeam has hosted a series of safety and professionalism webinars for UAAS operators over the past several months, with a focus on improving understanding of exemptions, COAs and general professional operating guidelines. NAAA will continue to support these and other education and outreach efforts regarding Part 137 operations.
