AIM ¶ 11-4-5 — UAS Part 135 and 137 Access

11-4-5. 11-4-5. Airspace Access for 14 CFR part 135 and 14 CFR part 137 14 CFR part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft: Civil operators of UAS may conduct commercial package delivery BVLOS, or may transport HAZMAT on an interstate basis (crossing state boundaries), only under 14 CFR part 135. These types of operations are prohibited for UAS operating under 14 CFR part 107, sUAS. Legally, these operations must be conducted under 14 CFR part 91, UAS operations, in accordance with an air carrier certificate issued under 14 CFR part 135, and an exemption from certain federal aviation regulations granted under 14 CFR part 11, general rulemaking procedures. REFERENCE- 14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft. 14 CFR p107, Small Unmanned Aircraft Systems. 14 CFR Part 11, General Rulemaking Procedures. FAA Order JO 7210.3, Chapter 5, Section 5, 14 CFR Part 91, UAS Operations. Generally, UAS cannot comply with certain 14 CFR regulations originally written for a manned aircraft environment and therefore require relief. UAS operators obtain relief from the requirements of these regulations through exemptions, waivers, and deviations. The relief document lists conditions and limitations which provide a level of safety at least equal to that provided by the rule from which relief is needed. Additionally, UAS operators must obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic Organization (ATO). Applicants for 14 CFR part 135 certification should begin the process by contacting their local FAA Flight Standards District Office (FSDO). NOTE- Examples of such regulations include requirements for the provision of seat belts for aircrew and passengers, on-board carriage of an aircraft manual, etc. Application for a 14 CFR part 135 certificate. Application for a 14 CFR part 135 air carrier certificate for UAS operations uses the same process as that for manned 14 CFR part 135 applicants. For information on how to apply for an air carrier certificate issued under 14 CFR part 135, see the FAA 14 CFR part 135 Air Carrier and Operator Certification website. NOTE- The FAA 14 CFR part 135 Air Carrier and Operator Certification website may be reviewed at: https://www.faa.gov/licenses_certificates/airline_certification/135_certification/ . Advisory Circular 120-49A, parts 121and 135 Certification is available to aid an applicant in Part 135 certification. REFERENCE- AC 120-49, Parts 121 and 135 Certification. Exemptions and COAs. Additional information on how to petition for an exemption and obtain a COA is available on the FAA Advanced Operations website. NOTE- The FAA's Advanced Operations website may be reviewed at: https://www.faa.gov/uas/advanced_operations/ . 14 CFR part 137, Agricultural Aircraft Operations: Civil and public operators of UAS may conduct agricultural aircraft operations, as defined in 14 CFR part 137.3, Definition of Terms. These operations must be conducted in accordance with an agricultural aircraft operator certificate issued under 14 CFR part 137, and an exemption from certain federal aviation regulations granted under 14 CFR part 11, General Rulemaking Procedures. Operators of sUAS, weighing less than 55 pounds MGOW may conduct agricultural aircraft operations under 14 CFR part 107, sUAS, and 14 CFR part 137. Operators of large UAS, weighing 55 pounds MGOW or more may conduct agricultural aircraft operations under 14 CFR parts 91, UAS operations, and 14 CFR part 137. REFERENCE- 14 CFR Part 137, Agricultural Aircraft Operations. 14 CFR Part 11, General Rulemaking Procedures. 14 CFR Part 107, Small Unmanned Aircraft Systems. FAA Order JO 7210.3, Chapter 5, Section 5, 14 CFR Part 91, UAS Operations. Generally, as is the case with 14 CFR part 135 standard cargo operations, UAS cannot comply with certain 14 CFR regulations, and therefore require relief. For example, sUAS require relief from carriage of hazardous material (§107.36), aircraft certification (§137.19(d)), carriage of agricultural aircraft operator certificate (§137.33(a)), and, for large UAS, certain aircraft airworthiness requirements (14 CFR parts 21 and 91). UAS operators obtain relief from the requirements of these regulations through an exemption. The exemption lists conditions and limitations which provide a level of safety at least equal to that provided by the rule. Additionally, large UAS operators must obtain a COA from the FAA ATO. Obtaining an exemption for 14 CFR part 137 operations. For additional information on how to petition for an exemption and obtain a COA, go to the FAA's Advanced Operations website. NOTE- The FAA's Advanced Operations website may be viewed at: https://www.faa.gov/uas/advanced_operations/ . Advisory Circular 137-1, Certification Process for Agricultural Aircraft Operators, provides additional information on how to apply for an agricultural aircraft operator certificate issued under 14 CFR part 137. REFERENCE- AC 137-1, Certification Process for Agricultural Aircraft Operators. Hazardous Materials (HAZMAT): A hazardous material also known as HAZMAT, or dangerous goods is any substance or material that is capable of posing an unreasonable risk to health, safety, and property when transported in commerce. For example, lithium batteries, dry ice, and aerosol whipped cream are considered dangerous goods. These products may seem harmless, but when transported by air they can be very dangerous. Vibrations, static electricity, temperature and pressure variations can cause items to leak, generate toxic fumes, start a fire, or even explode if these products are not packaged and handled properly. More detailed information is located on the FAA's What are Dangerous Goods website. NOTE- The FAA's What are Dangerous Goods website may be viewed at: https://www.faa.gov/hazmat/what_is_hazmat/ . The carriage/transportation of hazardous materials under 14 CFR part 107, sUAS, is strictly prohibited at all times, and is not subject to waiver. In order to transport hazardous materials, UAS operators must follow the 14 CFR part 135 certification regulatory path and must develop dangerous goods training programs and manuals as part of the 14 CFR part 135 Air Carrier and Operator Certificates process, described on the FAA website and subparagraph 11-4-5 a , and 14 CFR part 135, Operating Requirements. A brief description of applicable regulations as they apply to UAS can be found on the FAA's UAS website. NOTE- The FAA's Unmanned Aircraft System (UAS) website may be viewed at: https://www.faa.gov/hazmat/air_carriers/operations/drones/ . REFERENCE- 14 CFR Part 107, Small Unmanned Aircraft Systems. 14 CFR Part 135, Operating Requirements: Commuter and on Demand Operations and Rules Governing Persons on Board Such Aircraft.