The FAA and Waivers

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ckjohnson

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Hey everyone. I have noticed a few people talking about needing a waiver to fly HPRs. Part of my job is doing waivers and NOTAMs. CFR 14 Part 101 is the section that covers model rockets (Class 1) and HPRs (Class 2 and 3). A waiver is needed to get authorization from the FAA to waive a part of the regulation. For example, aerobatic flight (greater than 60 degrees of bank) is prohibited over the airport, so I have to file a waiver to waive that regulation so that I can have aerobatic performers at an airshow. When launching HPRs, we should only need to file a waiver in one of the following situations:

a) when clouds or anything else (obscuring phenomena) of more than 50% prevails.
b) where the visibility is less than 5 miles.
c) into a cloud
d) at night
e) within 5 nautical miles of an airport boudary
f) in controlled airspace (usually 20 mile radius of a control tower)
g) distance from personnel or property is smaller than 1/4 the maximum altitude or 1,500' (larger of the two)
h) nobody 18 or older is there
i) not taking reasonable precautions to prevent and control fire caused by the rocket.

or, per section 101.23:

If we want to launch a rocket into orbit, launch it into a foreign country, put a person in it, or create a hazard to persons, property, or aircraft. (I will go out on a limb and guess that they are not going to waive those regulations).

So, I guess my question is, unless you are launching within 5 miles of an airport, within controlled airspace, at night, or on a cloudy / foggy day, why do we need a waiver?

Now, I know that we have to notify the nearest ATC of a launch, and issue a Notice to Airmen (NOTAM) of launches, but that is not a waiver. I'm just wondering if HPR launches are not going through more paperwork than necessary.
 
Yep, controlled airspace is the kicker. You have to know what it is at your site but can be as low at 700ft AGL but more commonly it is around 1200ft AGL where people usually live.
 
>> This >> 101.27

Isn't form 7711-2 always required? How else would you notify the FAA?
 
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There's a difference between requesting a Certificate of Waiver, or, a Certificate of Authorization.

If you do not have a specific regulation you require relief from (as you summarized nicely above), if you are launching Class 2 or 3 rockets then you'll still need a Certificate of Authorization. This document paves the way through getting a NOTAM issued as well as coordinating with the local ARTCC(s). It is also handy to present to any inquisitive law enforcement officers that may show up at your launch.

As an aside, there is very little airspace that we fly HPR into that is truly uncontrolled. For example, Class E airspace is technically controlled airspace, which generally begins at 1,200' AGL. 99.99% of the conUS is designated as Class E. Areas not included as Class E do exist, but I only know of two such locations in the US.

<shrugs> As you know, getting a CoW, or CoA, are quite painless, so why not do it? The only time I might not bother would be when flying Class 1 rockets below 1,200', during a personal (not organized) launch.


All the best, James
 
Okay, James just made it clear. We are not getting a waiver, we are getting a Certificate of Authorization (CoA). That is what had me confused.
 
.... we should only need to file a waiver in one of the following situations:


d) at night
f) in controlled airspace (usually 20 mile radius of a control tower)

These are the two that we put on the FAA 7711 form. A waiver for night, and notification of controlled airspace.
Night is mostly self explanatory...
Controlled airspace is a bit trickier...In round numbers 90% of the air above 1200 above ground level is controlled airspace. Sometimes/places its as low as 0AGL and sometimes/places as high as 14,500 above sea level. (Lower 48 USA)
I'm hoping we can get a cloud waiver for Balls next year, I would assume we can if we get the TFR (Temporary Flight Restriction, AKA no fly zone) again.
 
Very few launches have a TFR
The FAA guy on site said when we activate the 490k window air traffic control clears a 100 mile radius of commercial flights. The TFR is 17 mile radius. Most locations could not tolerate this.
At BALLS we have a waiver to launch through clouds at 18,000 or higher. We can not go through low clouds such as we had on Sunday.

M
 
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