AIM ¶ 11-4-6 — UAS Airspace Restrictions

11-4-6. 11-4-6. Airspace Restrictions To Flight General. The FAA has the exclusive authority to regulate the areas of aviation safety and the efficient use of the airspace by aircraft. Attempts by state and local governments to regulate in those areas are preempted. Outside of those areas, the States are generally free to regulate as long as their laws do not conflict with FAA regulations or relate to the prices, routes, or services of commercial air carriers. The NAS extends from the ground to above 60,000 feet MSL and includes various classifications of airspace, both controlled and uncontrolled. sUAS remote pilots and recreational flyers are generally permitted access to uncontrolled airspace without special permission. However, this changes when access to controlled airspace is desired. All access to controlled airspace by unmanned aircraft must be granted by ATC. NOTE- While the NAS is divided into controlled and uncontrolled airspace, users must remember that all airspace is regulated, and certain rules apply throughout the NAS. Recreational flyers are limited to no higher than 400 feet AGL in Class G airspace, without prior authorization. sUAS remote pilots operating under 14 CFR part 107 are limited to no higher than 400 feet AGL unless the small UA is (1) Flown within a 400-foot radius of a structure; and (2) Does not fly higher than 400 feet above the structure's immediate uppermost limit, or when a waiver has been issued to 14 CFR § 107.51(b). Controlled airspace is a generic term that covers the different classification of airspace (Class A, Class B, Class C, Class D, and Class E airspace) and defined dimensions within which air traffic control services can be provided to Instrument Flight Rules (IFR) flights and to Visual Flight Rules (VFR) flights, in accordance with the airspace classification. Special Use Airspace (SUA). SUA consists of that airspace wherein flight activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. These areas are generally depicted on aeronautical charts and will be indicated on the B4UFly and LAANC applications for UAS. Temporary Flight Restrictions: Temporary Flight Restrictions (TFRs) are non-permanent airspace restrictions issued by the FAA via the U.S. NOTAM System, and are created to protect persons and property in the air or on the surface from an existing or imminent hazard associated with an incident on the surface, when the presence of low flying aircraft would magnify, alter, spread, or compound that hazard (14 CFR Section 91.137(a)(1)). TFRs can exist to protect aircraft from hazards, and also to protect people/objects on the ground from aircraft hazards. Examples of TFRs include natural disaster areas especially forest fires, floods, congested flight areas, the area around spacecraft launches and recoveries, certain stadium sporting events, and the security of national public figures. UAS operators should be aware that substantial fines and penalties can be levied on UAS remote pilots or recreational flyers violating a TFR. Special Restrictions over Critical Infrastructure: The FAA restricts UAS operations over certain locations, including military sites and installations, in the interest of national security using Special Security instructions. UAS operations may be permitted in these areas under limited circumstances. Operators should review established NOTAMS for permitted operations and seek authorization prior to operating in these areas. UAS remote pilots and recreational flyers must carefully consider where they are operating and determine the legality of doing so, infractions may result in fines and legal actions. REFERENCE- 14 CFR Section 99.7, Special Security Instructions. Special Flight Rules Area (SFRA). SFRAs are airspaces of defined dimensions, above land areas or territorial waters, within which the flight of aircraft is subject to special rules, established after the September 11, 2001, attacks. Examples include the Washington, DC, Los Angeles, and Hudson River SFRAs. All aircraft are highly regulated within SFRAs. The inner area of some SFRAs, the Flight Restricted Zone (FRZ) is very highly restricted and prohibits all but previously vetted aircrew and aircraft from entering. Refer to VFR Sectional Charts or the FAA's Restricted Airspace website for information on specific airspace limitations and instructions for requesting entry. NOTE- The FAA's Restricted Airspace website may be viewed at: https://www.faa.gov/newsroom/restricted-airspace-0 . State or local governments may generally enact laws applying to UAS that (1) are aimed at objectives other than aviation safety or airspace efficiency, and (2) do not impair the reasonable use by UAS of the airspace, including laws addressing land use or zoning; harassment of individuals or groups; privacy; voyeurism; photography or imaging from UAS; trespass on property; the exercise of other police powers; reckless endangerment; law enforcement; delivery of prison contraband; and taking photographs or videos. Restrictions on how UAS are utilized (i.e., conduct), instead of where they may operate in the airspace, is more consistent with Federal preemption principles. UAS restrictions applied to the lower UAS altitudes—that would still permit overflight at the higher UAS altitudes—are less likely to raise preemption concerns. Other Restrictions & Provisions: Flight over or near natural habitat or nature preserves. See paragraph 11-8-6 , Environmental Best Practices, for a discussion of UAS flight restrictions over or near wildlife. “No Drone Zone:” To promote safe and responsible use of UAS, the FAA uses the term “No Drone Zone” to help operators identify areas where they cannot operate UAS. The effort assists landowners (private and public) with designating their land off-limits for UAS take-offs and landings. The outreach allows landowners who wish to avoid UAS interactions on their property to state this preference in advance of UAS take-offs or landings. The “No Drone Zone” concept does not empower State or local governments to enact airspace restrictions or to regulate the airspace. A “No Drone Zone” sign posted by a State or local government, or private person, only applies to the ground, not the airspace. Furthermore, the sign solely designates an area where UAS may not takeoff or land. Generally speaking, for a “No Drone Zone” in a public place to be legally enforceable, there must exist underlying land use or zoning authority (ordinance, law, etc.). If the property in question is privately-owned, the landowner's right to prohibit UAS landing areas on their property is generally enforceable through trespass law. Flight over or near people and manned aircraft. In general, UAS remote pilots and recreational flyers should avoid flying over or near people or manned aircraft operations, and in any manner that could be construed as reckless or dangerous. See paragraph 11-8-3, Precautions: Flight Over or Near People, Manned Aircraft, and Night Flight, for specific information on flight over or near people. Correctional Institutions. Flight over some federal prisons is restricted under 14 CFR section 99.7, Special Security Instructions. Flight near other correctional institutions may be prohibited by other federal, state or local statutes. Subparagraph 11-4-6 e , Special Restrictions over Critical Infrastructure, contains additional information regarding restrictions over critical infrastructure. REFERENCE- 14 CFR Section 99.7, Special Security Instructions.