UPPS 04.05.14 - Unmanned Aircraft Systems (Unmanned Aircraft and Model Aircraft) Operation Policy

POLICY STATEMENT

Texas State University is committed to maintaining compliance with federal, state, and local regulations, laws, and ordinances concerning the operation of unmanned aircraft systems.

1. SCOPE

   1. The operation of unmanned aircraft systems (UAS), including drones and model aircrafts, is regulated by the Federal Aviation Administration (FAA) and relevant state laws. Texas State University will establish procedures required to ensure compliance with those legal obligations and to reduce risks to safety, security, and privacy.

   2. Texas State must and will comply with current and future FAA requirements and state laws. Inherent risks associated with the operation of said equipment may require additional insurance and policy considerations.

   3. This policy applies to Texas State employees, students, and any persons operating UAS or model aircrafts in any location as part of their university employment, activities, or business on or above Texas State property, including:

      1. the purchase or construction of UAS with funding through Texas State accounts, grants, or Texas State Foundation accounts; and

      2. the hiring for or contracting of any unmanned aircraft services by a Texas State representative.

   4. This policy applies to recreational flyers.

2. DEFINITIONS

   1. Certificate of Authorization (COA) or Waiver – The FAA defines the COA as an authorization issued by the Air Traffic Organization to a public operator for a specific UAS activity.

   2. Certificated Remote Pilots including Commercial Operators – The operating of an UAS or drone that does not exceed 55 pounds is under 14 CFR Part 107, referred to as the Small UAS Rule. Some operations are not covered by Part 107 and will require a waiver. Part 107 allows certain operations at night, over people, and over moving vehicles without a waiver when the aircraft and pilot meet updated requirements such as anti-collision lighting, appropriate training, and aircraft category limitations. To operate the controls of a small UAS under Part 107, a remote pilot airman certificate with a small UAS rating is needed, or the pilot must be under the direct supervision of a person who holds such a certificate.

      The pilot must be at least 16 years or older to qualify for a remote pilot certificate, and the certificate can be obtained in one of two ways:

      1. by passing an initial aeronautical knowledge test at an FAA-approved knowledge testing center; or

      2. if the pilot already has a Part 61 pilot certificate, other than a student pilot certificate, they must have completed a flight review in the previous 24 months and must take a small UAS online training course provided by the FAA.

      All drones must be registered with the FAA when required by federal regulations (for example, aircraft 0.55 pounds (250 grams) or more used recreationally, and any drone used under Part 107), and registration must be kept current in FAADroneZone.

   3. Nano or Pocket Unmanned Aircraft Systems (UAS) – The FAA applies safety rules to all UAS operations in the National Airspace System, and certain requirements such as registration and Remote ID may differ for aircraft under 250 grams. Even when federal registration is not required, nano or pocket UAS are subject to this policy due to their potential to invade privacy or cause injury.

   4. Property – buildings, grounds, and land that are owned or controlled by Texas State by means of leases or other formal contractual arrangements to support ongoing Texas State operations and research.

   5. Recreational Flyers and Modeler Community-Based Organizations – To fly a drone purely for recreational purposes, there is a limited statutory exception that provides a basic set of requirements. Recreational flights are defined as flying for fun or personal enjoyment. The Exception for Limited Operation of Unmanned Aircraft (49 USC 44809) defines flying for recreational purposes. Recreational flyers must:

      1. operate strictly for recreational purposes;

      2. follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO);

      3. keep the aircraft within visual line of sight or use a collocated visual observer, as allowed by FAA guidance;

      4. obtain airspace authorization before flying in controlled airspace, typically via LAANC or FAADroneZone where required;

      5. fly at or below 400 feet above ground level in Class G airspace unless specifically authorized higher;

      6. comply with Remote ID requirements unless operating at an FAA-Recognized Identification Area (FRIA) or another FAA exception applies; and

      7. complete The Recreational UAS Safety Test (TRUST) before flying and carry proof of completion while operating.

   6. Remote ID – the ability of a drone in flights to provide identification and location information that can be received by other parties through a broadcast signal. With limited exceptions, all drone pilots who are required to register or have registered their drone must operate in accordance with the FAA Remote ID rule, either by using a Standard Remote ID drone, attaching a Remote ID broadcast module, or flying only in a FRIA.

   7. Unmanned Aircraft Systems (UAS) – UAS are also known as or may be characterized as drones and are defined as an aircraft operated without the possibility of direct human intervention from within or on the aircraft. The FAA identifies UAS as an unmanned aircraft and all its associated support equipment such as: the control station, data links, telemetry, communications and navigation equipment, necessary to operate the unmanned aircraft. UAS may have a variety of names including quadcopter and quadrotor. FAA safety regulations apply to all UAS operations in the NAS, though requirements such as registration and Remote ID may vary based on aircraft weight, equipment, and operating category.

3. PROCEDURES FOR COMPLIANCE

   1. Policy Guidelines

      1. All members of the Texas State community are personally responsible for complying with FAA regulations, state and federal laws, as well as university and Texas State University System (TSUS) policies.

      2. Due to federal and state restrictions limiting the purpose and use of UAS, any university employee or student wishing to operate any UAS owned by the university as part of their university employment or as part of a university program must first obtain approval from Environmental, Health, Safety, Risk and Management (EHSREM) and the University Police Department (UPD), via the UAS Request Form.

      3. Any university employee, student, or unit seeking to purchase UAS (or the parts to assemble UAS), or UAS services with university funds or funds being disbursed through a university account or grant funds must first have approval via the UAS Request form for the purchase from EHSREM in order to assess the university’s ability to obtain a COA or other necessary FAA exemptions to meet compliance requirements prior to approving or disapproving the request.

      4. The procurement of certain UAS manufactured in countries identified by the United States Secretary of Commerce as foreign adversaries is prohibited. Any UAS purchased with university funds must comply with TSUS’s Technologies Prohibited by Regulation policy and the Texas State Standards for Technologies Prohibited by Regulation. Detailed information on these prohibitions can be found on the Division of Information Technology Technologies Prohibited by Regulation page.

      5. Texas State employees must obtain approval from EHSREM and UPD prior to using UAS or model aircraft over university property. The request for approval must be accompanied by proof of FAA authorization or exemption (including, as applicable, Part 107 remote pilot certification or qualification under 49 USC 44809, Remote ID compliance, and registration) and employee certification of having reviewed Texas Government Code, Title 4, Subtitle B, Chapter 423, and any other safety material provided by EHSREM.

      6. Recreational, non-university personnel, or third-party contractors must obtain approval to use a UAS or model aircraft over university property via the UAS Request form. Third parties planning to use a UAS must submit proof of FAA authorization or exemption with their request for Texas State approval, including evidence of Remote ID compliance and, for recreational flyers, completion of TRUST and adherence to an FAA-recognized CBO’s safety guidelines. In addition, operation of a UAS by a third party or hobbyist over university property must be under a contract that holds the university harmless from any resulting claims or harm to individuals and property, as well as proof of insurance as required by EHSREM. Third parties with permission to operate on campus must have commercial general liability insurance with a minimum limit per occurrence of $1,000,000, a minimum general aggregate of $2,000,000, and list Texas State as an additional insured as well as a certificate holder.

      7. During approved operation of a UAS for purposes of recording or transmitting visual images, operators must take all reasonable measures to avoid violations of areas normally considered private and shall be personally liable for any civil or criminal charges or penalties related to the use of the drone (see Texas Government Code, Title 4, Subtitle B, Chapter 423, Use of Unmanned Aircraft for potential offenses and associated fines). Violations range from a Class C misdemeanor to penalties upwards of $10,000 for a single civil violation.

      8. Use of UAS must comply with any other applicable Texas State or TSUS policies, as well as state and federal law. All uses of UAS must comply with the required procedures and guidelines set forth in this policy.

      9. All flights over Texas State property must receive prior authorization for operations in controlled airspace (Class B, C, D, and E) by using LAANC or FAADroneZone, consistent with FAA requirements for both recreational and Part 107 remote pilots.

      10. All university-related and recreational flights over university property must be Remote ID compliant.

   2. Required Procedures and Guidelines

      1. UAS operated under declaration of federal, state, or university emergency may be exempt from these guidelines.

      2. If aircraft operation is approved by EHSREM, model aircraft must be kept within visual line of sight of the operator or a collocated visual observer, in accordance with applicable FAA rules (Part 107 or 49 USC 44809). Model aircraft should weigh under 55 pounds unless certified by an aeromodelling community-based organization. Model aircraft must be flown at a sufficient distance from populated areas and have the operation approved by the department responsible for the property where the craft is requested to be operated and EHSREM (requires proof of registration and, when applicable, Remote ID compliance and TRUST completion for recreational flyers).

      3. Under FAA guidelines, temporary flight restrictions may apply and must be followed.

      4. Any night operations must meet FAA requirements (Part 107 recurrent training and anti-collision lighting for commercial ops; appropriate CBO safety guidelines and lighting for recreational ops).

   3. Sanctions – Violations

      1. Legal prohibitions regarding physical presence on campus, trespassing, and other legal action may also be pursued against third parties that operate UAS or model aircraft in violation of this policy.

      2. Fines or damages incurred by individuals or units that do not comply with this policy are the responsibility of those persons involved.

      3. Employees who violate this policy are subject to disciplinary action up to and including separation of employment.

4. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Director of Environmental, Health, Safety, Risk and Emergency Management	April 1 E5Y
      Chair, Occupational Safety and Health Committee	April 1 E5Y
      Director, University Police Department	April 1 E5Y
      Chief Information Security Officer	April 1 E5Y

5. CERTIFICATION STATEMENT

   This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

   Director of Environmental, Health, Safety, Risk, and Emergency Management; senior reviewer of this UPPS

   Executive Vice President and Chief Operating Officer

   President