Analysis of 14 CFR Parts 91

1
Analysis of 14 CFR Parts 91 43 for UAS
Applications University of North Dakota Grand
Forks, ND Doug Marshall
2
The objective of this research is to conduct a
section-by-section study of 14 CFR Parts 91 43
on their applicability to unmanned aircraft
systems (UAS).
3

• Safe integration of UAS into the NAS requires
  that UAS operations meet the General Operating
  and Flight Rules set forth in 14 CFR Part 91.
• Each section of Part 91 provides specific
  regulatory requirements for certain operations.
  In particular, Subparts A, B, C, D, E, I, and J
  of 14 CFR Part 91 appear to have direct effects
  on UAS operations.

4
Aircraft operating in the national airspace
system require .an appropriate and current
airworthiness certificate. (14 CFR 91.203).
14 CFR Part 43 defines the regulatory
requirements of .Maintenance, Preventive
Maintenance, Rebuilding, and Alteration. to
maintain continued aircraft airworthiness.  
5
The FAA recently completed a top-level review of
each section of the entire 14 CFR to determine
which, if any, of the FARs can be directly
applied to UAS. The review led to the creation
of a taxonomy of four categories Clearly
Applies May Apply by Interpretation Could Apply
with Revision Does Not Apply
6
Based on the priorities set forth by the FAA UAS
TCRG, more detailed studies are needed to further
analyze original intent and safety implications
and to clarify technical issues. This study
will conduct a more detailed analysis of 14 CFR
Parts 91 and 43, with the initial focus on Part
91.
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Provide detailed descriptions of underlying
assumptions, rationales, and conditions while
determining the categories of each regulation
section within 14 CFR Parts 91 43. For each
section identified as Clearly Applies or May
Apply by Interpretation, will further determine
its limitations, i.e. applies to certain types of
UAS operations only, or all UAS operations.
8
We will submit the review results along with
recommendations to the FAA for review before
proceeding to conduct further detailed analysis
of a particular section. Some sections may
require more in-depth analysis than others.
9
Based on FAA feedback, UND will conduct detailed
analysis of other 14 CFR sections as directed by
the FAA. This analysis focuses on
consideration of the subject section or
subsection in the context of the overall
regulatory scheme, the goals of the regulations,
the intent as expressed in preambles or found in
other documents created at the time the
regulation was written or amended, and potential
impact of an interpretation on other related
parts of 14 CFR.
10
While determining the intent of a specific
section, UND shall, when possible, review the
original rulemaking documents and subsequent
amendments, including preambles, comments,
comment resolutions, etc.
11
Some examples Part 91.101 (Clearly
applies) Part 91.103 (May apply by
interpretation) Part 91.105 (Could apply by
revision) Part 91.107 (Does not apply)
12
91.101 Applicability. This subpart prescribes
flight rules governing the operation of aircraft
within the United States and within 12 nautical
miles from the coast of the United
States. Clearly applies, Right? Well, not
so fast there folks..
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• Issues Presented
• Will UASs, of all types and sizes, be included
  in the definition of aircraft?
• Aircraft is currently defined as a device
  that is used or intended to be used for flight
  in the air. 14 CFR Part 1.1.
• Is an individual who is operating the UAS
  remotely in operation of the aircraft?
• What about UAS that can fly a pre-programmed
  route without any direction from an operator on
  the ground?

14

• Operatewith respect to aircraft, means to
  use, cause to use or authorize to use an
  aircraft, for the purpose (except as provided in
  91.13 of this chapter) of air navigation
  including the piloting of aircraft, with or
  without the right of legal control (as owner,
  lessee, or otherwise). 14 CFR 1.1.
• As UASs are able to continually go higher,
  could/should there be any altitude limitations in
  addition to the 12 NM limit (above FL600)

15

• What does the 12 mile limit mean?
• Does the FAA have jurisdiction beyond 12 miles,
  over international waters?
• What rules apply, if any, in unique airspace
  such as that north of Alaska? FIRs, ADIZ, Alert
  Areas?

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(No Transcript)
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(No Transcript)
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91.103 Preflight Action Each pilot in command
shall, before beginning a flight, become familiar
with all available information concerning that
flight. This information must include (a) For a
flight under IFR or a flight not in the vicinity
of an airport, weather reports and forecasts,
fuel requirements, alternatives available if the
planned flight cannot be completed, and any known
traffic delays of which the pilot in command has
been advised by ATC (b) For any flight, runway
lengths at airports of intended use, and the
following takeoff and landing distance
information (1) For civil aircraft for which an
approved Airplane or Rotorcraft Flight Manual
containing takeoff and landing distance data is
required, the takeoff and landing distance data
contained therein and (2) For civil aircraft
other than those specified in paragraph (b)(1) of
this section, other reliable information
appropriate to the aircraft, relating to aircraft
performance under expected values of airport
elevation and runway slope, aircraft gross
weight, and wind and temperature. (May apply by
interpretation?)
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• 91.103 Preflight Action
• Issues
• Is the individual considered a pilot in
  command?
• PIC means the person who
• 1. Has final authority and responsibility for
  the operation and safety of the flight and,
• 2. Has been designated as pilot in command before
  or during the flight and,
• 3. Holds the appropriate category, class, and
  type rating, if appropriate, for the conduct of
  the flight. 14 CFR 1.1.

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• 91.103 Preflight Action
• The definition of PIC itself would need to be
  revised/interpreted to include or not include the
  controller of the UAS.
• Are there additional concerns or information
  that need to be determined from the UAS
  controller before beginning any flight, either
  because of operational limitations of the UAS or
  technological limitations?
• Will it be interpreted that UAS controllers
  must obtain an official weather briefing prior
  to flight, specifically for IFR flights. Also, if
  operational limitations are different, e.g., no
  fuel on board due to electric motor, would any
  extra or less requirements be needed.?
• Will it be interpreted that UAS controllers are
  to find runway lengths and takeoff and landing
  information from an approved AFD. What if no
  runway is required?
• How will UASs be categorized, as between
  civil, public, etc.

21

• 91.105 Flight Crewmembers at Stations
• During takeoff and landing, and while en route,
  each required flight crewmember shall
• (1) Be at the crewmember station unless the
  absence is necessary to perform duties in
  connection with the operation of the aircraft or
  in connection with physiological needs and
• (2) Keep the safety belt fastened while at the
  crewmember station.
• (b) Each required flight crewmember of a
  U.S.-registered civil aircraft shall, during
  takeoff and landing, keep his or her shoulder
  harness fastened while at his or her assigned
  duty station. This paragraph does not apply if
• (1) The seat at the crewmember's station is not
  equipped with a shoulder harness or
• (2) The crewmember would be unable to perform
  required duties with the shoulder harness
  fastened.

22

• 91.105 Issues
• Who is considered a required flight
  crewmember? If more than one controller, and
  there is a possibility for each controller to be
  located in different places, what are CRM
  requirements? Who is required?
• This also brings up the issue for controllers
  of where their crewmember station would be
  located.
• Is a safety belt required for the controller of
  a UAS? Could future controllers of UASs be in
  full motion GCSs, necessitating the need for
  seatbelt usage?
• Shoulder harness requirement?
• At what points, if any, could a UAS controller
  leave his or her station during a flight?
• What will the requirements be for those
  controllers of UASs who are operating such
  equipment from inside other aircraft. i.e.
  Little Bird
• Could apply with revision?

23

• 91.107 Use of safety belts, shoulder harnesses,
  and child restraint systems.
• (a) Unless otherwise authorized by the
  Administrator
• (1) No pilot may take off a U.S.-registered civil
  aircraft (except a free balloon that incorporates
  a basket or gondola, or an airship type
  certificated before November 2, 1987) unless the
  pilot in command of that aircraft ensures that
  each person on board is briefed on how to fasten
  and unfasten that person's safety belt and, if
  installed, shoulder harness.
• (2) No pilot may cause to be moved on the
  surface, take off, or land a U.S.-registered
  civil aircraft (except a free balloon that
  incorporates a basket or gondola, or an airship
  type certificated before November 2, 1987) unless
  the pilot in command of that aircraft ensures
  that each person on board has been notified to
  fasten his or her safety belt and, if installed,
  his or her shoulder harness.
• (3) Except as provided in this paragraph, each
  person on board a U.S.-registered civil aircraft
  (except a free balloon that incorporates a basket
  or gondola or an airship type certificated before
  November 2, 1987) must occupy an approved seat or
  berth with a safety belt and, if installed,
  shoulder harness, properly secured about him or
  her during movement on the surface, takeoff, and
  landing. For seaplane and float equipped
  rotorcraft operations during movement on the
  surface, the person pushing off the seaplane or
  rotorcraft from the dock and the person mooring
  the seaplane or rotorcraft at the dock are
  excepted from the preceding seating and safety
  belt requirements.
• etc., etc., etc.

24
91.107 Use of safety belts, shoulder harnesses,
and child restraint systems. Clearly does not
apply? Common sense would say this entire
section does not apply on its face, but it will
still require revision or exception.
25

• 91.111 Operating near other aircraft
• No person may operate an aircraft so close to
  another aircraft as to create a collision hazard.
  
• (b) No person may operate an aircraft in
• formation flight except by arrangement with
  
• the pilot in command of each aircraft in
  the
• formation.
• (c) No person may operate an aircraft, carrying
• passengers for hire, in formation flight.

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• 91.111 Operating near other aircraft
• How does a UAS
• pilot/operator/crewmember comply?
• When is non-compliance an issue?
• Is there a violation before paint is
• exchanged?
• Where does 91.111 apply?
• What is a collision hazard for a UAS?

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• 91.113  Right-of-way rules Except water
  operations.
• Inapplicability. This section does not apply to
  the operation of an aircraft on water.
• (b) General. When weather conditions permit,
  regardless of whether an operation is conducted
  under instrument flight rules or visual flight
  rules, vigilance shall be maintained by each
  person operating an aircraft so as to see and
  avoid other aircraft. When a rule of this section
  gives another aircraft the right-of-way, the
  pilot shall give way to that aircraft and may not
  pass over, under, or ahead of it unless well
  clear.

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Model Aircraft or UAS?
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How Do These Airplanes meet the requirements of
91.113? Are they obligated to comply? Why?
31
UND will prepare a technical report detailing all
the findings of research activities outlined
above and will organize the results in a data
system. The technical report will be in FAA
technical report format.
32
Period of performance is 18 months. An initial
report on the findings will be submitted within
180 days of end of the period of performance.
The FAA shall have 30 days to review the
document and provide UND with feedback on 14 CFR
sections to be further analyzed.
33
UND will submit a draft outline of the technical
report 90 days before the PoP ends. Draft
technical report shall be submitted to the FAA
for review and comments 60 days before the end of
PoP. The FAA will have 30 days to provide
review comments to UND, who shall complete the
final report within 30 days after receiving the
review comments and submit the final technical
report to the FAA.
34
Some travel planned. Review of FAA archival
records? Meeting with FAA legal staff?
35
What QUESTIONS Do You Have?