PART 1: AUTHORITY AND PURPOSE

1. Authority: The Federal Aviation Administration (FAA) and corresponding rules and regulations of the U.S. Department of Transportation, relevant federal, state and local laws, and NMSU policy set forth herein, regulate the use and flight operations of Unoccupied Aircraft Systems (“UAS” or “Drones”).
2. Purpose: New Mexico State University (“NMSU” or “university”) recognizes that Unoccupied Aircraft Systems is a rapidly growing industry creating unique educational, research, public service and commercial opportunities for faculty, students, and the broader University System. This policy is established to provide mechanisms for the acceptable use and operation of UAS to support the university’s mission as part of education, research, and public service and governs the use of UAS in a manner to operate safely for the benefit of the university, and in accordance with all applicable laws and regulations.

PART 2: KEY POLICY STATEMENT(S)

This policy applies to the operation of UAS acquired with university resources, on or off University Premises. This policy also applies to non-university persons or organizations seeking to operate UAS on or over University Premises.

1. Requirements: New Mexico State University requires UAS flights strictly follow current FAA regulations, federal, state and local laws and meet safety and licensing requirements applicable to each circumstance, volume, and use. UAS devices over 250 grams (0.55 lb) must be registered with the FAA. All UAS devices acquired with university resources, regardless of cost, require proper registration and insurance and must be reported to NMSU Environmental Health Safety and Risk Management (EHS&RM) office, in addition to operating in compliance with laws, regulations and this policy.
   1. Federal: The Federal rule for operating UAS under 55 pounds in the National Airspace System (NAS) is 14 CFR Part 107, referred to as the Small UAS Rule. Flights involving UAS devices weighing more than 55 pounds require an exemption under the Special Authority for Certain Unmanned Systems found in 49 U.S.C. § 44807, additional steps are found at 14 CFR § 11.
   2. State: Operation of UAS must comply with New Mexico law and regulations to include 19.31.10.11 (D-G) NMAC.
   3. International: Operation of UAS, outside of the United States requires written authorization from the NMSU President. All requests must be submitted to EHS&RM via the Flight Request Form.
2. Restricted use: No person is permitted to operate on or over University Premises except as permitted under federal, state, local laws and regulations and this policy. Restrictions for operation include but are not limited to the following.
   1. Restricted use of UAS include those identified in 36 CFR § 1.5 in addition to applicable laws and regulations.
   2. UAS may not be used to monitor or record areas where there is a reasonable expectation of privacy of those individuals occupying or using an outdoor or indoor space. Private University spaces include but are not limited to offices, classrooms, labs, restrooms, locker rooms, individual residential rooms, dressing rooms, campus camp facilities, daycare facilities, and health treatment rooms.
   3. UAS may not be used to monitor or record sensitive institutional or personally identifiable information, which may be found, for example, on an individual's workspace, computer, or other electronic displays.
3. Purchase of UAS acquired with NMSU resources: Purchases of UAS devices will be determined and approved by each department head. Purchases must follow NMSU procurement rules and list the owner as “Board of Regents, New Mexico State University”.Individuals and departments are responsible for compliance with all requirements that any funding source specifies. Inactive UAS requires that the responsible unit notify EHS&RM and the university procurement office for proper disposition.
4. Authority to fly UAS: An Unoccupied Aircraft System shall not be flown from, land on, or be flown within University Premises unless university approved. Indoor use of an UAS under .55 lb must be pre-approved by EHS&RM, requests are submitted via email to ehsrm@nmsu.edu. Outdoor use requests are submitted via the UAS Flight Request Form. In order to be considered, a request to operate an UAS must fall within one of the authorized categories below, submit a completed UAS Flight Request Form, and provide required documentation. Authorization is not complete until final written authorization is granted by EHS&RM.
   1. Academic program participation: This applies when the UAS is used in furtherance of teaching students enrolled in educational programs at the university.
   2. Teaching: Faculty duties utilizing UAS to demonstrate to students, or to teach the students how to build or fly must be properly licensed through the FAA and hold a Remote Pilot Certificate (Part 107 Certificate) appropriate to the aircraft to be operated.
   3. Research: Indoor or outdoor UAS use for research requires submission of an experiment safety plan, approved by the associate dean for research, or highest level college or division official, and a description of the method it will be used, as an attachment to the UAS Flight Request. Indoor activity must be evaluated for hazard and life safety systems potential (e.g., fire sprinkler heads that might be hit and damaged). Researchers request to operate outdoors, must hold the Remote Pilot Certificate (Part 107 Certificate).
   4. Public safety: Use outside of emergency response requires compliance with this section.
   5. Infrastructure inspection: University facilities and infrastructure inspection requests require written authorization. Requests require submission of the UAS Flight Request Form.
   6. Commercial: Operation for commercial use of UAS, where there is any form of financial remuneration or compensation as a result of the operation. Grant or contract terms that include UAS/Drone purchase or flight operations require review by EHS&RM to remove any banned by the federal government and those not authorized in other states, before entering into such agreement.
   7. Recreational or Hobby: Recreational or hobby use of UAS flights, if authorized, will be limited to designated areas.
   8. Third party individuals or organizations: Must have a NMSU sponsoring department. Third party requirements to operate an UAS are detailed at UAS Flight Operations.
   9. UAS over 55 pounds and long-term flight requests: Flights involving UAS (Drones) weighing more than 55 pounds require an exemption under the Special Authority for Certain Unmanned Systems found in 49 U.S.C. § 44807. Requests to operate UAS over 55 pounds or a long-term or permanent flight operation project may require additional approvals from university subject matter experts in addition to EHS&RM, e.g. PSL, Fire, Police, Facilities, Executive or Board.
5. Incident reporting: NMSU requires notification and reporting of all UAS incidents and accidents to EHS&RM upon occurrence or within 3 days of incident. In addition, pilots are required to provide notification of an accident or incident to the FAA within 10 days of occurrence:
   1. When property damage (excluding UAS) is over $500.
   2. Serious injury or loss of consciousness.
   3. When requested by the FAA.
6. Exemptions: Portions of this policy are exempted as specifically described below.
   1. NMSU PSL Aerospace/Flight Operations may be exempt from portions of this policy if expressly authorized by the NMSU President.
   2. First responder emergency UAS operations that are conducted in accordance with the NMSU Police Department and FAA regulations.
   3. Emergency infrastructure assessment are limited to information gathering for determination of subject matter expert needs. This type of situation results from unanticipated events, such as a tree falling on a building or roof damage resulting from a rainstorm.
   4. Requests for exemption require completion of the UAS Exemption Request Form and must fall within one of the categories below. Authorization is not complete until final written authorization is granted by the university through the office of Environmental, Health, Safety & Risk Management.
      1. Most UAS under .55 lb if operations are for commercial use or purpose.
      2. Any indoor flight of UAS in the 0.55 lb-55 lb range.
      3. Third party demonstrations or other instructional related activity will be considered on a case-by-case.
7. Noncompliance: Operation of a UAS in violation of applicable laws or regulations may subject the UAS Operator to civil or criminal penalties. Operation of a UAS in violation of this policy may result in disciplinary action to include removal or ban from NMSU Premises, expulsion, disciplinary action up to termination.

PART 3: KEY PROCESS ELEMENTS

The following processes are required when requesting authorization to operate UAS. Detailed procedural elements are located at UAS Safety Operations.

1. Procedure to Request Flight Authorization: Requests to fly an UAS, meeting one of the authorized categories in 2.D. above, must be submitted utilizing the UAS Flight Request Form at least 3-10 business days prior to the planned activity.
   1. Each flight request is placed in a tiered category dependent upon risk assessment of planned flight(s), which impacts the length of time an authorized activity is cleared for a flight operation.
   2. EHS&RM coordinates with appropriate university official(s).
2. Registration, Insurance, Training: The UAS Safety Operations website provides instruction and information on insurance, training, reporting and disposition requirements. EHS&RM is to be contacted via email at ehsrm@nmsu.edu to:
   1. Register all UAS devices and pilots for proper FAA registration and insurance coverage.
   2. Register and complete required UAS safety workshop training.
   3. Report when a UAS device becomes inactive to remove FAA registration and insurance coverage.
3. Reporting: Report any accidents, unsafe operations, or violation of regulations or policy immediately to EHS&RM (575-646-3327) or NMSU Police Department (575-646-3311).
4. Disposition: Properly dispose of UAS device by contacting both EHS&RM and NMSU Property office.

PART 4: DEFINITIONS

1. Drone: A lay term frequently used to describe an Unoccupied Aircraft System. All of the associated support equipment, control station, data links, telemetry, communications, and navigation equipment, etc., necessary to operate the unoccupied aircraft system. 
2. Federal Aviation Administration (FAA): The federal body with licensing and regulation authority over operation of aircraft in public airspace, to include the registration and licensing of aircraft and pilots.
3. Recreational or Hobby Use:  The act of flying an UAS ("Drone") for fun or amusement, as defined by the Federal Aviation Administration, see Recreational Flyers.
4. Sensitive Institutional Information: University information or data which is not generally available to the public or is proprietary to the university, is covered by a confidentiality agreement or terms, is covered by privacy laws or regulations, or subject to other access restrictions.
5. University Directed Flights: An UAS flight for educational, research, or commercial/business activity, operated by university faculty, staff, student or contractor.
6. University Premises: Property owned and controlled and operations under the control of the NMSU Board of Regents, including on-campus housing, or in a university owned or leased vehicle, buildings and grounds of the university, including playing fields and parking areas of a university, in or on which university or university-related activities are conducted; and other public buildings or grounds. This includes playing fields and parking areas that are not university property on which university-related and sanctioned activities are performed.
7. Unoccupied Aircraft System (UAS): Both remotely operated fixed wing and rotary wing aircraft systems are included in this definition. The flying portion of a UAS, flown by an operator via a ground control system, or autonomously through use of an on-board computer, communication links, and any additional equipment that is necessary for the UAS to operate safely. Other regulatory agencies, colleges, and private entities often use the terminology of Unmanned Aircraft Systems (UAS), Unmanned Aerial Vehicles (UAV), and small Unmanned Aircraft Systems(sUAS). For the purpose of this document UAS or Drones refers to Unoccupied Aircraft Systems.
8. UAS Operator or Remote Pilot in Command (RPIC): The person responsible for all aspects of the flight, to include the control of the Unoccupied Aircraft System. The Pilot must have appropriate licensure as may be required by federal aviation laws, regulations, and rules. 

Supplemental and Related Information

(For Administrative Purposes “Non-exhaustive”)

Contact the office of Environmental, Health, Safety, and Risk Management for additional information not covered in this policy and for corresponding procedures.

Email: ehsrm@nmsu.edu

Telephone: 575 646-3327

Cross-Reference:

1. Administrative Procedures: UAS Safety Operations
2. Applicable Federal Laws/Regulations:
   1. 14 CFR Part 107
   2. 49 U.S.C. 44807
   3. 14 CFR § 11
   4. 36 CFR § 1.
3. Applicable State Laws/Regulations: 19.31.10.11 (D-G) NMAC
4. Related Regents (RPM) and Operational (ARP) Policies:

Revision History:

06/24/2024 Revision/replacement approved by President
11/01/2022 Provisional Amendment implemented by Chancellor
2017 Recompilation, formerly Rule 16.20
12/13/2016 Rule implemented by Chancellor and Administrative Council

Next Cyclic Review:

June 2027