U.
S. Department of Transportation Federal Aviation Administration Advisory Circular Subject: Exception for Limited Recreational Operations of Unmanned Aircraft Date: 10/20/22 AC No: 91-57C Initiated by: AFS-800 Change:
This advisory circular (AC) provides guidance to (1) persons operating unmanned aircraft (UA) under the exception for limited recreational operations of UA established in Section 349 of Public Law (P.L.) 115-254, FAA Reauthorization Act of 2018, codified at Title 49 of the United States Code (49 U.S.C.) § 44809; (2) persons using Unmanned Aircraft Systems (UAS) for educational or research purposes pursuant to Section 350 of the FAA Reauthorization Act of 2018; (3) persons requesting recognition as community-based organizations (CBO); (4) persons seeking to establish fixed recreational flying sites; and (5) CBOs conducting sanctioned events.
We sley L. Mooty Acting Deputy Executive Director, Flight Standards Service
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CONTENTS Paragraph Page
Chapter 1. General1-1
1.1 Purpose of This Advisory Circular (AC)1-1
1.2 Audience1-1
1.3 Where You Can Find This AC1-1
1.4 What This AC Cancels1-1
1.5 Related References (current editions)1-1
1.6 Background1-2
1.7 Limited Recreational UA Operations1-2
1.8 AC Feedback Form1-3
Chapter 2. R ecreational Flyer Statutory Limitations2-1
2.1 Recreational Flyer2-1
2.2 Statutory Limitations2-1
Chapter 3. FAA-Recognized Community- Based Organizations3-1
3.1 Community-Based Organizations (CBO)3-1
3.2 Applying for CBO Recognition3-1
3.3 Safety Guidelines3-2
3.4 Requests for Fixed Sites3-8
3.5 CBO-Sponsored Events3-9
1-1 CHAPTER 1. GENERAL
1.1 Purpose of This Advisory Circular (AC). The guidance provided in this AC supports the limited recreational operation of unmanned aircraft (UA) by explaining how a recreational flyer of UA may comply with the statutory requirements of Title 49 of the United States Code (49 U.S.C.) This AC provides guidance for operating UA under the exception, including operations for certain educational and research purposes; FAA recognition of community-based organizations (CBO); and application for fixed sites and CBO-sanctioned UA flying events. UA (sometimes referred to as “drones”) are aircraft operated without the possibility of direct human intervention from within or on the aircraft. Refer to 49 U.S.C. § 44801.
1.1.1 Effects of Guidance. The contents of this document do not have the force and effect of law and are not meant to bind the public in any way, and the document is intended only to provide information to the public regarding existing requirements under the law or agency policies.
1.2 Audience. This AC provides information to:
1. Persons operating UA under the exception for limited recreational operations of UA established in Section 349 of Public Law (P.L.) 115-254, FAA Reauthorization Act of 2018, codified at 49 U.S.C. § 44809.
2. Persons operating UA for educational or research purposes pursuant to Section 350 of the FAA Reauthorization Act of 2018, as amended by Section 10002 of P.L. 116-283, William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.
3. Persons requesting FAA recognition as a CBO.
4. Persons seeking the establishment of fixed recreational flying sites.
5. Persons organizing UA-only CBO-sponsored events.
1.3 Where You Can Find This AC. You can find this AC on the FAA’s website at https://www.faa.gov/regulations_policies/advisory_circulars and the Dynamic Regulatory System (DRS) at https://drs.faa.gov.
1.4 What This AC Cancels. AC 91-57B, Exception for Limited Recreational Operations of Unmanned Aircraft, dated May 31, 2019, is canceled.
1.5 Related References (current editions).
1. Title 49 U.S.C. Subtitle VII, Aviation Programs, § 40101 et seq.
2. Title 49 U.S.C. § 44809, Exception for Limited Recreational Operations of Unmanned Aircraft.
3. P.L. 115-254, FAA Reauthorization Act of 2018.
4. P.L. 116-283, William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.
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5.
Title 14 of the Code of Federal Regulations (14 CFR) Part 45 , Identification and Registration Marking.
6.
Title 14 CFR Part 47, Aircraft Registration.
7. Title 14 CFR Part 48, Registration and Marking Requirements for Small Unmanned Aircraft.
8. Title 14 CFR Part 89, Remote Identification of Unmanned Aircraft.
9. Title 14 CFR Part 107, Small Unmanned Aircraft Systems.
10. AC 107-2, Small Unmanned Aircraft Systems (Small UAS).
11. FAADroneZone: https://faadronezone.faa.gov/.
12. Unmanned Aircraft Systems (UAS) Data Delivery System:
https://udds-faa.opendata.arcgis.com/.
13. Temporary Flight Restriction (TFR) Listing: http://tfr.faa.gov/tfr2/list.html.
14. Aeronautical Navigation Products (Charts):
https://www.faa.gov/air_traffic/flight_info/aeronav/productcatalog/.
15. Notices to Air Missions (NOTAM):
https://www.faa.gov/air_traffic/publications/notices/.
16. National Aviation Events Program: https://www.faa.gov/about/initiatives/airshow/.
17. UA Registration Guidance: https://www.faa.gov/licenses_certificates/aircraft_certific ation/aircraft_registry/UA/.
1.6 Background. On October 5, 2018, the President signed the FAA Reauthorization Act of 2018 into law. Section 349 of the FAA Reauthorization Act of 2018, codified at 49 U.S.C. § 44809, repealed the special rule for model aircraft in Section 336 of P.L. 112-95, FAA Modernization and Reform Act of 2012. Section 44809 allows a person to fly a UA without specific certification or operating authority from the FAA, so long as the operation meets certain limitations enumerated in the statute. Further, 49 U.S.C. § 44809(i) requires the FAA to publish an AC that identifies the limitations and process required for recognition of a CBO, as set forth in 49 U.S.C. § 44809(h).
1.7 Limited Recreational UA Operations.
1.7.1 Recreational flyers must ensure the operation of their UA complies with all applicable statutory and regulatory requirements.
1.7.2 The guidance provided in this AC explains how a recreational flyer can comply with the requirements of 49 U.S.C. § 44809 in order to operate a UA without FAA certification or operating authority. If the operation of a UA fails to meet all the operational limitations contained in 49 U.S.C. § 44809(a), such operation must be operated in accordance with the applicable FAA operating rules, and comply with the relevant FAA airman and aircraft certification requirements (e.g., 14 CFR part 21, 61, 91, or 107).
1.7.3 The Administrator may pursue an enforcement action against any person operating a UA under 49 U.S.C. § 44809 who endangers the safety of the National Airspace System
1-3 (NAS). Refer to 49 U.S.C. § 44809(e). Such operations include, but are not limited to, careless or reckless operations, or operations endangering persons or property.
1.7.4 Recreational operators must comply with part 89. Refer to 49 U.S.C. § 44809(f)(3). The FAA notes that FAA-Recognized Identification Areas (FRIA) established under part 89 and “fixed sites” for purposes of recreational flying under 49 U.S.C. § 44809(c) are two different kinds of UA operating areas with different purposes, requirements, and application processes. A fixed site is a location with a standing airspace authorization for recreational flying, while a FRIA is a location where UA may operate without remote identification. In some places where an airspace authorization is required for recreational flying, such as in controlled airspace and where a CBO has also obtained approval for a FRIA, a FRIA and fixed site may overlap. If a CBO has obtained authorization for a fixed site but has not obtained approval for a FRIA, remote identification requirements will still apply.
1.8 AC Feedback Form. For your convenience, the AC Feedback Form is the last page of this AC. Note any deficiencies found, clarifications needed, or suggested improvements regarding the contents of this AC on the Feedback Form. The form includes instructions for submitting it to the FAA.
2-1 CHAPTER 2. RECREATIONAL FLYER STATUTORY LIMITATIONS
2.1 Recreational Flyer. For the purposes of this AC, a recreational flyer is a person who operates a UA strictly for recreational purposes in accordance with 49 U.S.C. § 44809.
This is an operation-specific determination. Recreational operations that do not comply with the statutory parameters are not eligible for the recreational flyer exception of 49 U.S.C. § 44809.
2.2 Statutory Limitations. Recreational flyers operating small UA must adhere to all of the statutory limitations included in 49 U.S.C. § 44809(a) in order to operate under the statutory exception to operate a UA without specific certification or operating authority from the FAA. Pursuant to 49 U.S.C. § 44809(c)(2)(A) and (B), UA weighing more than 55 pounds must be operated under FAA-approved safety guidelines of a recognized CBO and operated solely at a fixed site. The statutory limitations for small UA operated under 49 U.S.C. § 44809 include the following:
2.2.1 Section 44809(a)(1). “The aircraft is flown strictly for recreational purposes.”
2.2.1.1 Recreational purposes may not include activities such as flights for any compensation, monetary or otherwise, and flights related to or in furtherance of a business. A person may not combine recreational and commercial purposes in a single flight.
Note: This AC references various types of operations or events that may typically be considered recreational; however, whether or not an operation is considered recreational is situation-specific. Each individual pilot must maintain responsibility for compliance with the 49 U.S.C. § 44809(a)(1) requirement for recreational purpose, regardless of whether the event is sanctioned by a CBO or otherwise presented as generally compliant with 49 U.S.C. § 44809(a)(1).
2.2.1.2 A “recreational purpose” includes, but is not limited to:
2.2.1.2.1 UAS operated by an institution of higher education, as defined in 20 U.S.C.
§ 1001(a) for educational or research purposes;
Note: The term “educational or research purposes,” with respect to the operation of a UAS by an institution of higher education, includes:
1. Instruction of students at the institution;
2. Academic or research-related uses of UAS that have been approved by the institution, including Federal research;
3. Activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and
4. Other academic activities approved by the institution.
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2.2.1.2.2 UAS flown as part of an established Junior Reserve Officers’ Training Corps (JROTC) program for educational or research purposes; or
2.2.1.2.3 UAS flown as part of an educational program that is chartered by a recognized CBO, as defined in 49 U.S.C. § 44809(h).
Note: Any elementary and secondary educational institutions, that are not institutions of higher education or do not fly UAS as part of a JROTC program, would either have to receive FAA recognition as a CBO or be chartered by a recognized CBO to operate under 49 U.S.C.
§ 44809; otherwise, such institutions must conduct all operations under part 107.
2.2.2 Section 44809(a)(2). “The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration.”
2.2.2.1 Recreational flyers should be able to explain to an FAA inspector or law enforcement officer which CBO’s safety guidelines they are operating under during any given flight. However, an operator does not need to be a member of a CBO to fly under its safety guidelines. The FAA maintains a website of officially recognized CBOs at https://www.faa.gov/uas/recreational_fliers/.
2.2.3 Section 44809(a)(3). “The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.”
2.2.3.1 In order to be operating within visual line of sight (VLOS), either the operator or a visual observer (VO) must be able to see the UA (with vision unaided by any device other than corrective lenses) throughout the entire flight to ensure it does not present a collision hazard to other manned aircraft or persons or property on the ground. The use of a VO is optional, but a VO enables the recreational flyer to look away from the UA for extended periods. The use of a VO is necessary if the recreational flyer wants to use first person view (FPV) devices, which allow a view from an onboard camera but limit the operator’s ability to scan the surrounding airspace.
Note: For a VO to be considered co-located with the recreational flyer, the VO should be close enough to the recreational flyer to be able to communicate directly with him or her without the use of technological assistance and without creating a distraction to the recreational flyer.
2.2.4 Section 44809(a)(4). “The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.”
2.2.4.1 The recreational flyer is responsible for knowing, at all times, the position of the aircraft in relation to other aircraft; for maintaining a safe distance from other aircraft; and for giving the right-of-way to all manned aircraft.
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2.2.5 Section 44809(a)(5). “In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.”
2.2.5.1 The NAS includes both controlled and uncontrolled airspace. Recreational flyers must obtain specific airspace authorization from the FAA prior to operating UA in Class B, C, or D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport (controlled airspace). Recreational flyers do not need to obtain authorization prior to operating in Class G (uncontrolled airspace) below 400 feet above ground level (AGL).
2.2.5.2 Recreational flyers may use the FAA’s Low Altitude Authorization and Notification Capability (LAANC) to check for airspace restrictions and obtain authorization to fly in controlled airspace. LAANC provides automated, near real-time authorization for airspace authorization requests in most controlled airspace. See subparagraph 2.2.5.3 below for instances in which LAANC does not provide authorization. Recreational flyers can access LAANC through FAA-approved third-party UAS Service Suppliers (USS). A list of companies approved to offer LAANC services, as well as additional information on LAANC is available on the FAA website at https://www.faa.gov/uas/program s_partnerships/data_exchange/. Recreational flyers may submit authorization requests up to 90 days prior to intended flight.
Note: Recreational flyers should not contact air traffic control (ATC) facilities to obtain airspace authorizations to fly in controlled airspace.
2.2.5.3 If a recreational flyer wants to fly near an airport in Class B, C, or D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport that are not serviced by LAANC, the recreational flyer should use the FAADroneZone website (https://faadronezone.faa.gov/) to request an airspace authorization. The recreational flyer should submit the request at least 90 days prior to the proposed flight to allow the FAA time to review the airspace and the information provided for the flight.
2.2.5.4 The FAA recommends that recreational flyers refer to the FAA’s interactive map on the UAS Data Delivery System at https://uddsfaa.opendata.arcgis.com/ to access information and graphical depictions regarding any UAS-specific flight restrictions. On the map, semi-transparent polygons depict airspace information. UAS flight restrictions are shown as red polygons. Recreational flyers are also responsible for complying with all special use airspace designations, including prohibited areas and restricted areas, as well as other special flight rules and TFRs published at http://tfr.faa.gov/tfr2/list.html, and Aeronautical Navigation Products (Charts) at https://www.faa.gov/air_traffic/flight_info/aeronav/productcatalog/.
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2.2.5.5 The B4UFLY app is a useful resource for recreational flyers to use prior to operating their UA (whether in controlled or uncontrolled airspace). It provides critical airspace information to the user including the locations of airports, national parks, stadiums, special use airspace (including restricted and prohibited airspace), TFRs, other special flight rules, and more. More information on B4UFLY is provided at https://www.faa.gov/uas/recreational_fliers/where_can_i_fly/b4ufly/.
2.2.6 Section 44809(a)(6). “In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.”
2.2.6.1 “Ground level” begins at the Earth’s surface and does not include man-made structures, trees, or any obstacle. For example, a UA engaged in recreational operations under 49 U.S.C. § 44809(a) may not be launched from a 10-story rooftop and fly up an additional 400 feet.
2.2.7 Section 44809(a)(7). “The operator has passed an aeronautical knowledge and safety test … and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.”
2.2.7.1 A list of FAA-approved test administrators for The Recreational UAS Safety Test (TRUST) is provided at https://www.faa.gov/uas/recreational_flier s/knowledge_test_updates/.
2.2.7.2 The proof of test passage may be in any format (e.g., paper or electronic) so long as it is readily accessible, legible, and can be presented to the Administrator or law enforcement upon request.
2.2.8 Section 44809(a)(8). “The aircraft is registered and marked in accordance with chapter 441…and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.”
2.2.8.1 Recreational flyers must register UA weighing more than 0.55 pounds (250 grams) at takeoff including those used in limited recreational operations.
Owners of such UA may register electronically in accordance with part 48 through the FAADroneZone website at https://faadronezone.faa.gov/ or through the part 47 paper-based process described at https://www.faa.gov/lice nses_certificates/aircraft_certification/aircraft_registry/UA.
2.2.8.2 The owner of a small UA weighing more than 0.55 pounds (250 grams) that will be flown exclusively in limited recreational operations may obtain a single registration number for multiple UA by registering under part 48.
However, any small UA operated under part 107, regardless of weight must have a unique registration number. Owners of UA more than 55 pounds must register each aircraft individually under part 47.
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2.2.8.3 Owners of UA operated in limited recreational operations must mark all such UA with the registration number for the aircraft in accordance with the applicable requirements of 14 CFR parts 45 and 47. For small UA registered under part 48, § 48.205 requires that the marking be maintained in a condition that is legible, affixed in a manner that ensures it will remain affixed for the duration of each flight, and legibly displayed on an external surface of the UA.
3-1 CHAPTER 3. FAA-RECOGNIZED COMMUNITY-BASED ORGANIZATIONS
3.1 Community-Based Organizations (CBO).
3.1.1 A CBO is defined in 49 U.S.C. § 44809(h) as a membership-based association entity that:
“(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
(3) the mission of which is demonstrably the furtherance of model aviation;
(4) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator;
(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.”
3.2 Applying for CBO Recognition. An organization requesting CBO recognition by the FAA must provide all information necessary to demonstrate compliance with the statutory requirements of 49 U.S.C. § 44809(h). Paragraph 3.1.1 lists those statutory requirements. Paragraph 3.3 provides further guidance on the development of safety guidelines for CBO recognition. When submitting a CBO recognition application, the applicant should provide a point of contact for the CBO whom the FAA may contact to request additional information. The FAA estimates that it may take up to 90 days to process requests for recognition. All documentation and information should be submitted via the FAADroneZone website at https://faadronezone.faa.gov/.
3.2.1 The FAA will recognize an applicant that submits information demonstrating compliance with 49 U.S.C. § 44809(h) as a CBO. If the FAA recognizes the CBO, the FAA will issue a letter of recognition to the CBO evidencing the organization’s status as a recognized CBO. The FAA will maintain a list of recognized CBOs at https://www.faa.gov/uas/recreational_fliers/. If any information that served as the basis for the underlying recognition changes subsequent to recognition, including its safety guidelines, the recognition may no longer be valid. The FAA recommends that a recognized CBO coordinate with the FAA prior to making any such changes to ensure continued recognition. The FAA also emphasizes that under 49 U.S.C. § 44809(a)(2), a CBO’s safety guidelines are to be “developed in coordination with the Federal Aviation Administration.” Therefore, if a recognized CBO changes its safety guidelines without coordination with the FAA or no longer meets the requirements of 49 U.S.C. § 44809(h), the FAA will notify the CBO of the deficiency. If the CBO is unable to meet the
3-2 requirements of § 44809(a)(2) or (h) after such notification, the FAA will issue a letter of rescission and remove the CBO’s name from the website.
3.2.2 Any organization, including institutions of higher education, elementary and secondary educational institutions, and JROTC programs, may request recognition as a CBO.
However, they must meet all of the requirements for CBO recognition, including demonstrating recreational purpose. Educational programs in the elementary and secondary schools are not considered a recreational purpose under 49 U.S.C. § 44809 unless associated with a CBO, though such programs are considered recreational when conducted by institutes of higher education.
3.3 Safety Guidelines.
3.3.1 An organization seeking recognition as a CBO is required under 49 U.S.C. § 44809(h)(4) to provide a set of safety guidelines for all aspects of model aviation. The safety guidelines should address the assembly and operation of model aircraft, as well as emphasize safe aeromodelling operations within the NAS and the protection and the safety of individuals and property on the ground. CBOs should prepare and keep current safety guidelines setting forth the organization’s procedures and policies for safe recreational operations of UA. The guidelines should be readily available to FAA personnel upon request.
3.3.2 The limitations identified in 49 U.S.C. § 44809(a) should serve as the baseline for developing safety guidelines. A CBO’s guidelines should be consistent with the requirements addressed in 49 U.S.C. § 44809(a). A comprehensive set of safety guidelines may include topics that span beyond the requirements of 49 U.S.C.
§ 44809(a). Although the guidelines must be comprehensive, they need not discuss operations that are irrelevant to the CBO. For example, if a CBO is not engaged in a particular type of operation (e.g., FPV or turbine-powered flight), they would not be expected to develop safety guidelines related to that type of operation. An individual operating under a CBO’s safety guidelines may only operate the types of operations addressed in those safety guidelines.
3.3.2.1 General Safety Measures and Practices.
3.3.2.1.1 Recommended Safety Guidelines. The FAA recommends that comprehensive safety guidelines should include at least the following:
1. Adequate protections and mitigations to prevent the UA from causing harm to any person. CBOs should consider addressing how they will mitigate hazards to avoid creating a risk to people. CBOs are encouraged to include the following safe practices in their safety guidelines:
restrictions on operations over people, establishing buffer areas between an aircraft’s planned flightpath and any people in the area, and limitations on ground access to areas for certain activities such as racing.
2. Prohibition on modifying UA and the carriage of hazardous materials or weapons. The FAA recommends that CBOs consider including a