14 CFR Part 107 — Small Unmanned Aircraft Systems

14 CFR Ch. I (1–1–25 Edition) § 107.1 107.51 Operating limitations for small un- Subpart A—General manned aircraft.

§ 107.1 Applicability.

Subpart C—Remote Pilot Certification (a) Except as provided in paragraph 107.52 ATC transponder equipment prohibi- (b) of this section, this part applies to tion.

the registration, airman certification, 107.53 Automatic Dependent Surveillance- and operation of civil small unmanned Broadcast (ADS–B) Out prohibition.

aircraft systems within the United 107.56 Applicability.

States. This part also applies to the 107.57 Offenses involving alcohol or drugs.

eligibility of civil small unmanned air- 107.59 Refusal to submit to an alcohol test craft systems to operate over human or to furnish test results.

beings in the United States.

107.61 Eligibility.

(b) This part does not apply to the 107.63 Issuance of a remote pilot certificate with a small UAS rating. following: 107.64 Temporary certificate.

(1) Air carrier operations; 107.65 Aeronautical knowledge recency.

(2) Any aircraft subject to the provi- 107.67 Knowledge tests: General procedures sions of 49 U.S.C. 44809; and passing grades.

(3) Any operation that the holder of 107.69 Knowledge tests: Cheating or other an exemption under section 333 of Pub- unauthorized conduct.

lic Law 112–95 or 49 U.S.C. 44807 elects 107.71 Retesting after failure.

to conduct pursuant to the exemption, 107.73 Knowledge and training.

unless otherwise specified in the ex- 107.74 Small unmanned aircraft system emption; or training.

107.77 Change of name or address. (4) Any operation that a person elects 107.79 Voluntary surrender of certificate.

to conduct under part 91 of this chapter with a small unmanned aircraft system Subpart D—Operations Over Human that has been issued an airworthiness Beings certificate.

107.100 Applicability.

[Amdt. 107–8, 86 FR 4381, Jan. 15, 2021] 107.105 Limitations on operations over human beings.

§ 107.2 Applicability of certification 107.110 Category 1 operations.

procedures for products and arti- 107.115 Category 2 operations: Operating re- cles.

quirements.

The provisions of part 21 of this chap- 107.120 Category 2 operations: Eligibility of ter do not apply to small unmanned small unmanned aircraft and other appli- aircraft systems operated under this cant requirements.

107.125 Category 3 operations: Operating re- part unless the small unmanned air- quirements.

craft system will operate over human 107.130 Category 3 operations: Eligibility of beings in accordance with § 107.140.

small unmanned aircraft and other appli- [Amdt. 107–8, 86 FR 4381, Jan. 15, 2021] cant requirements.

107.135 Labeling by remote pilot in com- § 107.3 Definitions.

mand for Category 2 and 3 operations.

107.140 Category 4 operations.

The following definitions apply to 107.145 Operations over moving vehicles.

this part. If there is a conflict between 107.150 Variable mode and variable configu- the definitions of this part and defini- ration of small unmanned aircraft.

tions specified in § 1.1 of this chapter, 107.155 Means of compliance.

the definitions in this part control for 107.160 Declaration of compliance.

purposes of this part: 107.165 Record retention.

Control station means an interface used by the remote pilot to control the Subpart E—Waivers flight path of the small unmanned air- 107.200 Waiver policy and requirements.

craft.

107.205 List of regulations subject to waiver.

Corrective lenses means spectacles or A UTHORITY : 49 U.S.C. 106(f), 40101 note, contact lenses.

40103(b), 44701(a)(5), 46105(c), 46110, 44807.

Declaration of compliance means a record submitted to the FAA that cer- S OURCE : Docket FAA–2015–0150, Amdt. 107– tifies the small unmanned aircraft con- 1, 81 FR 42209, June 28, 2016, unless otherwise noted. forms to the Category 2 or Category 3

Federal Aviation Administration, DOT § 107.7 requirements under subpart D of this (4) A civil penalty.

part.

[Docket FAA–2015–0150, Amdt. 107–1, 81 FR Small unmanned aircraft means an un- 42209, June 28, 2016, as amended by Amdt.

manned aircraft weighing less than 55 107–8, 86 FR 4381, Jan. 15, 2021] pounds on takeoff, including every- thing that is on board or otherwise at- § 107.7 Inspection, testing, and dem- tached to the aircraft. onstration of compliance.

Small unmanned aircraft system (small (a) A remote pilot in command, UAS) means a small unmanned aircraft owner, or person manipulating the and its associated elements (including flight controls of a small unmanned communication links and the compo- aircraft system must— nents that control the small unmanned (1) Have in that person’s physical aircraft) that are required for the safe possession and readily accessible the and efficient operation of the small un- remote pilot certificate with a small manned aircraft in the national air- UAS rating and identification when ex- space system.

ercising the privileges of that remote Unmanned aircraft means an aircraft pilot certificate.

operated without the possibility of di- (2) Present his or her remote pilot rect human intervention from within certificate with a small UAS rating or on the aircraft.

and identification that contains the in- Visual observer means a person who is formation listed at § 107.67(b)(1) designated by the remote pilot in com- through (3) for inspection upon a re- mand to assist the remote pilot in com- quest from— mand and the person manipulating the (i) The Administrator; flight controls of the small UAS to see and avoid other air traffic or objects (ii) An authorized representative of aloft or on the ground. the National Transportation Safety Board; [Docket FAA–2015–0150, Amdt. 107–1, 81 FR (iii) Any Federal, State, or local law 42209, June 28, 2016, as amended by Amdt.

enforcement officer; or 107–8, 86 FR 4381, Jan. 15, 2021] (iv) An authorized representative of § 107.5 Falsification, reproduction, or the Transportation Security Adminis- alteration.

tration.

(3) Make available, upon request, to (a) No person may make or cause to the Administrator any document, be made— record, or report required to be kept (1) Any fraudulent or intentionally under the regulations of this chapter.

false record or report that is required to be made, kept, or used to show com- (b) The remote pilot in command, pliance with any requirement under visual observer, owner, operator, or this part. person manipulating the flight controls of a small unmanned aircraft system (2) Any reproduction or alteration, must, upon request, allow the Adminis- for fraudulent purpose, of any certifi- trator to make any test or inspection cate, rating, authorization, record or of the small unmanned aircraft system, report under this part.

the remote pilot in command, the per- (b) The commission by any person of son manipulating the flight controls of an act prohibited under paragraph (a) of this section is a basis for any of the a small unmanned aircraft system, following: and, if applicable, the visual observer to determine compliance with this (1) Denial of an application for a re- part.

mote pilot certificate or a certificate of waiver; (c) Any person holding an FAA-ac- (2) Denial of a declaration of compli- cepted declaration of compliance under ance; subpart D of this part must, upon re- quest, make available to the Adminis- (3) Suspension or revocation of any trator: certificate, waiver, or declaration of compliance issued or accepted by the (1) The declaration of compliance re- Administrator under this part and held quired under subpart D of this part; by that person; or and 14 CFR Ch. I (1–1–25 Edition) § 107.9 (2) Any other document, record, or (2) That person is under the direct su- report required to be kept under the pervision of a remote pilot in command regulations of this chapter. and the remote pilot in command has (d) Any person holding an FAA-ac- the ability to immediately take direct cepted declaration of compliance under control of the flight of the small un- manned aircraft.

subpart D of this part must, upon re- (b) Except as provided in paragraph quest, allow the Administrator to in- (c) of this section, no person may act spect its facilities, technical data, and as a remote pilot in command unless any manufactured small UAS and wit- that person has a remote pilot certifi- ness any tests necessary to determine cate with a small UAS rating issued compliance with that subpart.

pursuant to Subpart C of this part and [Amdt. 107–8, 86 FR 4381, Jan. 15, 2021] satisfies the requirements of § 107.65.

(c) The Administrator may, con- § 107.9 Safety event reporting.

sistent with international standards, No later than 10 calendar days after authorize an airman to operate a civil an operation that meets the criteria of foreign-registered small unmanned air- either paragraph (a) or (b) of this sec- craft without an FAA-issued remote tion, a remote pilot in command must pilot certificate with a small UAS rat- report to the FAA, in a manner accept- ing.

able to the Administrator, any oper- ation of the small unmanned aircraft § 107.13 Registration.

involving at least: A person operating a civil small un- (a) Serious injury to any person or manned aircraft system for purposes of any loss of consciousness; or flight must comply with the provisions (b) Damage to any property, other of § 91.203(a)(2) of this chapter.

than the small unmanned aircraft, un- § 107.15 Condition for safe operation.

less one of the following conditions is satisfied: (a) No person may operate a civil (1) The cost of repair (including ma- small unmanned aircraft system unless terials and labor) does not exceed $500; it is in a condition for safe operation.

or Prior to each flight, the remote pilot in (2) The fair market value of the prop- command must check the small un- erty does not exceed $500 in the event manned aircraft system to determine of total loss.

whether it is in a condition for safe op- eration.

[Docket FAA–2015–0150, Amdt. 107–1, 81 FR (b) No person may continue flight of 42209, June 28, 2016, as amended by Docket FAA–2022–1355, Amdt. 107–10, 87 FR 75846, the small unmanned aircraft when he Dec. 9 2022] or she knows or has reason to know that the small unmanned aircraft sys- tem is no longer in a condition for safe Subpart B—Operating Rules operation.

§ 107.11 Applicability.

§ 107.17 Medical condition.

This subpart applies to the operation No person may manipulate the flight of all civil small unmanned aircraft controls of a small unmanned aircraft systems subject to this part.

system or act as a remote pilot in com- § 107.12 Requirement for a remote mand, visual observer, or direct partic- pilot certificate with a small UAS ipant in the operation of the small un- rating.

manned aircraft if he or she knows or has reason to know that he or she has (a) Except as provided in paragraph a physical or mental condition that (c) of this section, no person may ma- would interfere with the safe operation nipulate the flight controls of a small of the small unmanned aircraft system.

unmanned aircraft system unless: (1) That person has a remote pilot § 107.19 Remote pilot in command.

certificate with a small UAS rating issued pursuant to subpart C of this (a) A remote pilot in command must part and satisfies the requirements of be designated before or during the § 107.65; or flight of the small unmanned aircraft.

Federal Aviation Administration, DOT § 107.29 (b) The remote pilot in command is § 107.27 Alcohol or drugs.

directly responsible for and is the final A person manipulating the flight authority as to the operation of the controls of a small unmanned aircraft small unmanned aircraft system.

system or acting as a remote pilot in (c) The remote pilot in command command or visual observer must com- must ensure that the small unmanned ply with the provisions of §§ 91.17 and aircraft will pose no undue hazard to 91.19 of this chapter.

other people, other aircraft, or other property in the event of a loss of con- § 107.29 Operation at night.

trol of the small unmanned aircraft for (a) Except as provided in paragraph any reason.

(d) of this section, no person may oper- (d) The remote pilot in command ate a small unmanned aircraft system must ensure that the small UAS oper- at night unless— ation complies with all applicable reg- (1) The remote pilot in command of ulations of this chapter.

the small unmanned aircraft has com- (e) The remote pilot in command pleted an initial knowledge test or must have the ability to direct the training, as applicable, under § 107.65 small unmanned aircraft to ensure after April 6, 2021; and compliance with the applicable provi- (2) The small unmanned aircraft has sions of this chapter.

lighted anti-collision lighting visible [Docket FAA–2015–0150, Amdt. 107–1, 81 FR for at least 3 statute miles that has a 42209, June 28, 2016, as amended by Amdt.

flash rate sufficient to avoid a colli- 107–8, 86 FR 4382, Jan. 15, 2021] sion. The remote pilot in command may reduce the intensity of, but may § 107.21 In-flight emergency.

not extinguish, the anti-collision light- (a) In an in-flight emergency requir- ing if he or she determines that, be- ing immediate action, the remote pilot cause of operating conditions, it would in command may deviate from any rule be in the interest of safety to do so.

of this part to the extent necessary to (b) No person may operate a small meet that emergency.

unmanned aircraft system during peri- (b) Each remote pilot in command ods of civil twilight unless the small who deviates from a rule under para- unmanned aircraft has lighted anti-col- graph (a) of this section must, upon re- lision lighting visible for at least 3 quest of the Administrator, send a statute miles that has a flash rate suf- written report of that deviation to the ficient to avoid a collision. The remote Administrator. pilot in command may reduce the in- tensity of, but may not extinguish, the § 107.23 Hazardous operation.

anti-collision lighting if he or she de- No person may: termines that, because of operating (a) Operate a small unmanned air- conditions, it would be in the interest craft system in a careless or reckless of safety to do so.

manner so as to endanger the life or (c) For purposes of paragraph (b) of property of another; or this section, civil twilight refers to the (b) Allow an object to be dropped following: from a small unmanned aircraft in a (1) Except for Alaska, a period of manner that creates an undue hazard time that begins 30 minutes before offi- to persons or property. cial sunrise and ends at official sunrise; (2) Except for Alaska, a period of § 107.25 Operation from a moving vehi- time that begins at official sunset and cle or aircraft.

ends 30 minutes after official sunset; No person may operate a small un- and manned aircraft system— (3) In Alaska, the period of civil twi- (a) From a moving aircraft; or light as defined in the Air Almanac.

(b) From a moving land or water- (d) After May 17, 2021, no person may borne vehicle unless the small un- operate a small unmanned aircraft sys- manned aircraft is flown over a sparse- tem at night in accordance with a cer- ly populated area and is not trans- tificate of waiver issued prior to April porting another person’s property for 21, 2021 under § 107.200. The certificates compensation or hire. of waiver issued prior to March 16, 2021 14 CFR Ch. I (1–1–25 Edition) § 107.31 under § 107.200 that authorize deviation (1) Scan the airspace where the small from § 107.29 terminate on May 17, 2021. unmanned aircraft is operating for any potential collision hazard; and [Docket FAA–2015–0150, Amdt. 107–1, 81 FR (2) Maintain awareness of the posi- 42209, June 28, 2016, as amended by Amdt.

tion of the small unmanned aircraft 107–8, 86 FR 4382, Jan. 15, 2021; 86 FR 13631, through direct visual observation.

Mar. 10, 2020] § 107.35 Operation of multiple small § 107.31 Visual line of sight aircraft op- unmanned aircraft.

eration.

A person may not manipulate flight (a) With vision that is unaided by controls or act as a remote pilot in any device other than corrective command or visual observer in the op- lenses, the remote pilot in command, eration of more than one unmanned the visual observer (if one is used), and aircraft at the same time.

the person manipulating the flight con- [Amdt. 107–8, 86 FR 4382, Jan. 15, 2021] trol of the small unmanned aircraft system must be able to see the un- § 107.36 Carriage of hazardous mate- manned aircraft throughout the entire rial.

flight in order to: A small unmanned aircraft may not (1) Know the unmanned aircraft’s lo- carry hazardous material. For purposes cation; of this section, the term hazardous ma- (2) Determine the unmanned air- terial is defined in 49 CFR 171.8.

craft’s attitude, altitude, and direction of flight; § 107.37 Operation near aircraft; right- (3) Observe the airspace for other air of-way rules.

traffic or hazards; and (a) Each small unmanned aircraft (4) Determine that the unmanned air- must yield the right of way to all air- craft does not endanger the life or craft, airborne vehicles, and launch and property of another.

reentry vehicles. Yielding the right of (b) Throughout the entire flight of way means that the small unmanned the small unmanned aircraft, the abil- aircraft must give way to the aircraft ity described in paragraph (a) of this or vehicle and may not pass over, section must be exercised by either: under, or ahead of it unless well clear.

(1) The remote pilot in command and (b) No person may operate a small the person manipulating the flight con- unmanned aircraft so close to another trols of the small unmanned aircraft aircraft as to create a collision hazard.

system; or § 107.39 Operation over human beings.

(2) A visual observer.

No person may operate a small un- § 107.33 Visual observer.

manned aircraft over a human being unless— If a visual observer is used during the (a) That human being is directly par- aircraft operation, all of the following ticipating in the operation of the small requirements must be met: unmanned aircraft; (a) The remote pilot in command, the (b) That human being is located person manipulating the flight controls under a covered structure or inside a of the small unmanned aircraft system, stationary vehicle that can provide and the visual observer must maintain reasonable protection from a falling effective communication with each small unmanned aircraft; or other at all times.

(c) The operation meets the require- (b) The remote pilot in command ments of at least one of the operational must ensure that the visual observer is categories specified in subpart D of this able to see the unmanned aircraft in part.

the manner specified in § 107.31.

[Amdt. 107–8, 86 FR 4382, Jan. 15, 2021] (c) The remote pilot in command, the person manipulating the flight controls § 107.41 Operation in certain airspace.

of the small unmanned aircraft system, and the visual observer must coordi- No person may operate a small un- nate to do the following: manned aircraft in Class B, Class C, or Federal Aviation Administration, DOT § 107.51 Class D airspace or within the lateral available power for the small un- boundaries of the surface area of Class manned aircraft system to operate for E airspace designated for an airport the intended operational time; unless that person has prior authoriza- (e) Ensure that any object attached tion from Air Traffic Control (ATC).

or carried by the small unmanned air- craft is secure and does not adversely § 107.43 Operation in the vicinity of affect the flight characteristics or con- airports.

trollability of the aircraft; and No person may operate a small un- (f) If the operation will be conducted manned aircraft in a manner that over human beings under subpart D of interferes with operations and traffic this part, ensure that the aircraft patterns at any airport, heliport, or meets the requirements of § 107.110, seaplane base.

§ 107.120(a), § 107.130(a), or § 107.140, as § 107.45 Operation in prohibited or re- applicable.

stricted areas.

[Docket FAA–2015–0150, Amdt. 107–1, 81 FR No person may operate a small un- 42209, June 28, 2016, as amended by Amdt.

manned aircraft in prohibited or re- 107–8, 86 FR 4382, Jan. 15, 2021] stricted areas unless that person has permission from the using or control- § 107.51 Operating limitations for ling agency, as appropriate.

small unmanned aircraft.

A remote pilot in command and the § 107.47 Flight restrictions in the prox- person manipulating the flight controls imity of certain areas designated by notice to airmen.

of the small unmanned aircraft system must comply with all of the following A person acting as a remote pilot in operating limitations when operating a command must comply with the provi- small unmanned aircraft system: sions of §§ 91.137 through 91.145 and 99.7 of this chapter. (a) The groundspeed of the small un- manned aircraft may not exceed 87 § 107.49 Preflight familiarization, in- knots (100 miles per hour).

spection, and actions for aircraft (b) The altitude of the small un- operation.

manned aircraft cannot be higher than Prior to flight, the remote pilot in 400 feet above ground level, unless the command must: small unmanned aircraft: (a) Assess the operating environ- (1) Is flown within a 400-foot radius of ment, considering risks to persons and a structure; and property in the immediate vicinity (2) Does not fly higher than 400 feet both on the surface and in the air. This above the structure’s immediate upper- assessment must include: most limit.

(1) Local weather conditions; (c) The minimum flight visibility, as (2) Local airspace and any flight re- strictions; observed from the location of the con- (3) The location of persons and prop- trol station must be no less than 3 stat- erty on the surface; and ute miles. For purposes of this section, (4) Other ground hazards.

flight visibility means the average (b) Ensure that all persons directly slant distance from the control station participating in the small unmanned at which prominent unlighted objects aircraft operation are informed about may be seen and identified by day and the operating conditions, emergency prominent lighted objects may be seen procedures, contingency procedures, and identified by night.

roles and responsibilities, and potential (d) The minimum distance of the hazards; small unmanned aircraft from clouds (c) Ensure that all control links be- must be no less than: tween ground control station and the (1) 500 feet below the cloud; and small unmanned aircraft are working (2) 2,000 feet horizontally from the properly; cloud.

(d) If the small unmanned aircraft is powered, ensure that there is enough

14 CFR Ch. I (1–1–25 Edition) § 107.52 § 107.59 Refusal to submit to an alco- Subpart C—Remote Pilot hol test or to furnish test results.

Certification A refusal to submit to a test to indi- § 107.52 ATC transponder equipment cate the percentage by weight of alco- prohibition.

hol in the blood, when requested by a law enforcement officer in accordance Unless otherwise authorized by the with § 91.17(c) of this chapter, or a re- Administrator, no person may operate fusal to furnish or authorize the re- a small unmanned aircraft system lease of the test results requested by under this part with a transponder on.

the Administrator in accordance with [Amdt. 107–7, 86 FR 4513, Jan. 15, 2021] § 91.17(c) or (d) of this chapter, is grounds for: § 107.53 Automatic Dependent Surveil- (a) Denial of an application for a re- lance-Broadcast (ADS–B) Out prohi- mote pilot certificate with a small bition.

UAS rating for a period of up to 1 year Unless otherwise authorized by the after the date of that refusal; or Administrator, no person may operate (b) Suspension or revocation of a re- a small unmanned aircraft system mote pilot certificate with a small under this part with ADS–B Out equip- UAS rating.

ment in transmit mode.

§ 107.61 Eligibility.

[Amdt. 107–7, 86 FR 4513, Jan. 15, 2021] Subject to the provisions of §§ 107.57 and 107.59, in order to be eligible for a § 107.56 Applicability.

remote pilot certificate with a small This subpart prescribes the require- UAS rating under this subpart, a per- ments for issuing a remote pilot cer- son must: tificate with a small UAS rating.

(a) Be at least 16 years of age; [Docket FAA–2015–0150, Amdt. 107–1, 81 FR (b) Be able to read, speak, write, and 42209, June 28, 2016. Redesignated by Amdt.

understand the English language. If the 107–7, 86 FR 4513, Jan. 15, 2021] applicant is unable to meet one of these requirements due to medical rea- § 107.57 Offenses involving alcohol or sons, the FAA may place such oper- drugs.

ating limitations on that applicant’s (a) A conviction for the violation of certificate as are necessary for the safe any Federal or State statute relating operation of the small unmanned air- to the growing, processing, manufac- craft; ture, sale, disposition, possession, (c) Not know or have reason to know transportation, or importation of nar- that he or she has a physical or mental cotic drugs, marijuana, or depressant condition that would interfere with the or stimulant drugs or substances is safe operation of a small unmanned grounds for: aircraft system; and (1) Denial of an application for a re- (d) Demonstrate aeronautical knowl- mote pilot certificate with a small edge by satisfying one of the following UAS rating for a period of up to 1 year conditions, in a manner acceptable to after the date of final conviction; or the Administrator: (2) Suspension or revocation of a re- (1) Pass an initial aeronautical mote pilot certificate with a small knowledge test covering the areas of UAS rating. knowledge specified in § 107.73; or (b) Committing an act prohibited by (2) If a person holds a pilot certificate § 91.17(a) or § 91.19(a) of this chapter is (other than a student pilot certificate) grounds for: issued under part 61 of this chapter and meets the flight review requirements (1) Denial of an application for a re- specified in § 61.56, complete training mote pilot certificate with a small covering the areas of knowledge speci- UAS rating for a period of up to 1 year fied in § 107.74.

after the date of that act; or (2) Suspension or revocation of a re- [Docket FAA–2015–0150, Amdt. 107–1, 81 FR mote pilot certificate with a small 42209, June 28, 2016, as amended by Amdt.

UAS rating. 107–8, 86 FR 4382, Jan. 15, 2021] Federal Aviation Administration, DOT § 107.67 (1) On the expiration date shown on § 107.63 Issuance of a remote pilot cer- tificate with a small UAS rating. the certificate; (2) Upon receipt of the permanent An applicant for a remote pilot cer- certificate; or tificate with a small UAS rating under (3) Upon receipt of a notice that the this subpart must make the applica- tion in a form and manner acceptable certificate sought is denied or revoked.

to the Administrator.

§ 107.65 Aeronautical knowledge (a) The application must include ei- recency.

ther: (1) Evidence showing that the appli- A person may not exercise the privi- cant passed an initial aeronautical leges of a remote pilot in command knowledge test. If applying using a with small UAS rating unless that per- paper application, this evidence must son has accomplished one of the fol- be an airman knowledge test report lowing in a manner acceptable to the showing passage of the knowledge test; Administrator within the previous 24 or calendar months: (2) If a person holds a pilot certificate (a) Passed an initial aeronautical (other than a student pilot certificate) knowledge test covering the areas of issued under part 61 of this chapter and knowledge specified in § 107.73; meets the flight review requirements (b) Completed recurrent training cov- specified in § 61.56, a certificate of com- ering the areas of knowledge specified pletion of an initial training course in § 107.73; or under this part that covers the areas of (c) If a person holds a pilot certifi- knowledge specified in § 107.74.

cate (other than a student pilot certifi- (b) If the application is being made cate) issued under part 61 of this chap- pursuant to paragraph (a)(2) of this sec- ter and meets the flight review require- tion: ments specified in § 61.56, completed (1) The application must be sub- training covering the areas of knowl- mitted to the responsible Flight Stand- ards office, a designated pilot exam- edge specified in § 107.74.

iner, an airman certification represent- (d) A person who has passed a recur- ative for a pilot school, a certificated rent aeronautical knowledge test in a flight instructor, or other person au- manner acceptable to the Adminis- thorized by the Administrator; trator or who has satisfied the training (2) The person accepting the applica- requirement of paragraph (c) of this tion submission must verify the iden- section prior to April 6, 2021 within the tity of the applicant in a manner ac- previous 24 calendar months is consid- ceptable to the Administrator; and ered to be in compliance with the re- (3) The person making the applica- quirement of paragraph (b) or (c) of tion must, by logbook endorsement or this section, as applicable.

other manner acceptable to the Admin- [Amdt. 107–8, 86 FR 4382, Jan. 15, 2021; 86 FR istrator, show the applicant meets the 13631, Mar. 10, 2021] flight review requirements specified in § 61.56 of this chapter.

§ 107.67 Knowledge tests: General pro- [Docket FAA–2015–0150, Amdt. 107–1, 81 FR cedures and passing grades.

42209, June 28, 2016, as amended by Docket (a) Knowledge tests prescribed by or FAA–2018–0119, Amdt. 107–2, 83 FR 9172, Mar.

5, 2018; Amdt. 107–8, 86 FR 4382, Jan. 15, 2021]] under this part are given by persons and in the manner designated by the § 107.64 Temporary certificate.

Administrator.

(b) An applicant for a knowledge test (a) A temporary remote pilot certifi- cate with a small UAS rating is issued must have proper identification at the for up to 120 calendar days, at which time of application that contains the time a permanent certificate will be applicant’s: issued to a person whom the Adminis- (1) Photograph; trator finds qualified under this part.

(2) Signature; (b) A temporary remote pilot certifi- cate with a small UAS rating expires: 14 CFR Ch. I (1–1–25 Edition) § 107.69 (3) Date of birth, which shows the ap- § 107.73 Knowledge and training.

plicant meets or will meet the age re- An initial aeronautical knowledge quirements of this part for the certifi- test and recurrent training covers the cate and rating sought before the expi- following areas of knowledge: ration date of the airman knowledge (a) Applicable regulations relating to test report; and small unmanned aircraft system rating (4) Permanent mailing address. If the privileges, limitations, and flight oper- applicant’s permanent mailing address ation; is a post office box number, then the (b) Airspace classification, operating applicant must also provide a current requirements, and flight restrictions residential address.

affecting small unmanned aircraft op- (c) The minimum passing grade for eration; the knowledge test will be specified by (c) Aviation weather sources and ef- the Administrator.

fects of weather on small unmanned aircraft performance; § 107.69 Knowledge tests: Cheating or (d) Small unmanned aircraft loading; other unauthorized conduct.

(e) Emergency procedures; (a) An applicant for a knowledge test (f) Crew resource management; may not: (g) Radio communication procedures; (1) Copy or intentionally remove any (h) Determining the performance of knowledge test; the small unmanned aircraft; (2) Give to another applicant or re- (i) Physiological effects of drugs and ceive from another applicant any part alcohol; or copy of a knowledge test; (j) Aeronautical decision-making and (3) Give or receive assistance on a judgment; knowledge test during the period that (k) Airport operations; test is being given; (l) Maintenance and preflight inspec- (4) Take any part of a knowledge test tion procedures; and on behalf of another person; (m) Operation at night.

(5) Be represented by, or represent, [Amdt. 107–8, 86 FR 4383, Jan. 15, 2021] another person for a knowledge test; (6) Use any material or aid during the § 107.74 Small unmanned aircraft sys- period that the test is being given, un- tem training.

less specifically authorized to do so by Training for pilots who hold a pilot the Administrator; and certificate (other than a student pilot (7) Intentionally cause, assist, or par- certificate) issued under part 61 of this ticipate in any act prohibited by this chapter and meet the flight review re- paragraph.

quirements specified in § 61.56 covers (b) An applicant who the Adminis- the following areas of knowledge: trator finds has committed an act pro- (a) Applicable regulations relating to hibited by paragraph (a) of this section small unmanned aircraft system rating is prohibited, for 1 year after the date privileges, limitations, and flight oper- of committing that act, from: ation; (1) Applying for any certificate, rat- (b) Effects of weather on small un- ing, or authorization issued under this manned aircraft performance; chapter; and (c) Small unmanned aircraft loading; (2) Applying for and taking any test (d) Emergency procedures; under this chapter.

(e) Crew resource management; (c) Any certificate or rating held by (f) Determining the performance of an applicant may be suspended or re- the small unmanned aircraft; voked if the Administrator finds that (g) Maintenance and preflight inspec- person has committed an act prohib- tion procedures; and ited by paragraph (a) of this section.

(h) Operation at night.

§ 107.71 Retesting after failure.

[Amdt. 107–8, 86 FR 4383, Jan. 15, 2021] An applicant for a knowledge test § 107.77 Change of name or address.

who fails that test may not reapply for the test for 14 calendar days after fail- (a) Change of name. An application to ing the test. change the name on a certificate issued Federal Aviation Administration, DOT § 107.115 under this subpart must be accom- § 107.100 Applicability.

panied by the applicant’s: This subpart prescribes the eligi- (1) Remote pilot certificate with bility and operating requirements for small UAS rating; and civil small unmanned aircraft to oper- (2) A copy of the marriage license, ate over human beings or over moving court order, or other document vehicles in the United States, in addi- verifying the name change.

tion to those operations permitted by (b) The documents in paragraph (a) of § 107.39(a) and (b).

this section will be returned to the ap- § 107.105 Limitations on operations plicant after inspection.

over human beings.

(c) Change of address. The holder of a Except as provided in §§ 107.39(a) and remote pilot certificate with small (b) and 107.145, a remote pilot in com- UAS rating issued under this subpart mand may conduct operations over who has made a change in permanent human beings only in accordance with mailing address may not, after 30 days the following, as applicable: § 107.110 for from that date, exercise the privileges Category 1 operations; §§ 107.115 and of the certificate unless the holder has 107.120 for Category 2 operations; notified the FAA of the change in ad- §§ 107.125 and 107.130 for Category 3 op- dress using one of the following meth- erations; or § 107.140 for Category 4 op- ods: erations.

(1) By letter to the FAA Airman Cer- tification Branch, P.O. Box 25082, Okla- § 107.110 Category 1 operations.

homa City, OK 73125 providing the new To conduct Category 1 operations— permanent mailing address, or if the (a) A remote pilot in command must permanent mailing address includes a use a small unmanned aircraft that— post office box number, then the hold- (1) Weighs 0.55 pounds or less on er’s current residential address; or takeoff and throughout the duration of (2) By using the FAA Web site portal each operation under Category 1, in- at www.faa.gov providing the new per- cluding everything that is on board or manent mailing address, or if the per- otherwise attached to the aircraft; and manent mailing address includes a post (2) Does not contain any exposed ro- office box number, then the holder’s tating parts that would lacerate current residential address.

human skin upon impact with a human being.

§ 107.79 Voluntary surrender of certifi- (b) No remote pilot in command may cate.

operate a small unmanned aircraft in sustained flight over open-air assem- (a) The holder of a certificate issued blies of human beings unless the oper- under this subpart may voluntarily ation meets the requirements of either surrender it for cancellation.

§ 89.110 or § 89.115(a) of this chapter.

(b) Any request made under para- graph (a) of this section must include [Amdt. 107–8, 86 FR 4382, Jan. 15, 2021, as the following signed statement or its amended by 86 FR 62473, Nov. 10, 2021] equivalent: ‘‘I voluntarily surrender § 107.115 Category 2 operations: Oper- my remote pilot certificate with a ating requirements.

small UAS rating for cancellation. This To conduct Category 2 operations— request is made for my own reasons, (a) A remote pilot in command must with full knowledge that my certifi- use a small unmanned aircraft that— cate will not be reissued to me unless I (1) Is eligible for Category 2 oper- again complete the requirements speci- ations pursuant to § 107.120(a); fied in §§ 107.61 and 107.63.’’ (2) Is listed on an FAA-accepted dec- laration of compliance as eligible for Subpart D—Operations Over Category 2 operations in accordance Human Beings with § 107.160; and (3) Is labeled as eligible to conduct Category 2 operations in accordance S OURCE : Amdt. 107–8, 86 FR 4382, Jan. 15, 2021 with § 107.120(b)(1).

14 CFR Ch. I (1–1–25 Edition) § 107.120 (b) No remote pilot in command may egories of operation the small un- operate a small unmanned aircraft in manned aircraft system is eligible to sustained flight over open-air assem- conduct; and blies of human beings unless the oper- (iii) Instructions for how to verify ation meets the requirements of either and change the mode or configuration § 89.110 or § 89.115(a) of this chapter.

of the small unmanned aircraft system, if they are variable.

§ 107.120 Category 2 operations: Eligi- (3) Maintain a product support and bility of small unmanned aircraft notification process. The applicant for and other applicant requirements.

a declaration of compliance must (a) To be eligible for use in Category maintain product support and notifica- 2 operations, the small unmanned air- tion procedures to notify the public craft must be designed, produced, or and the FAA of— modified such that it— (i) Any defect or condition that (1) Will not cause injury to a human causes the small unmanned aircraft to being that is equivalent to or greater no longer meet the requirements of than the severity of injury caused by a this subpart; and transfer of 11 foot-pounds of kinetic en- (ii) Any identified safety defect that ergy upon impact from a rigid object; causes the small unmanned aircraft to (2) Does not contain any exposed ro- exceed a low probability of casualty.

tating parts that would lacerate human skin upon impact with a human § 107.125 Category 3 operations: Oper- being; and ating requirements.

(3) Does not contain any safety de- To conduct Category 3 operations, a fects.

remote pilot in command— (b) The applicant for a declaration of (a) Must use a small unmanned air- compliance for a small unmanned air- craft that— craft that is eligible for use in Cat- (1) Is eligible for Category 3 oper- egory 2 operations in accordance with ations pursuant to § 107.130(a); paragraph (a) of this section, must (2) Is listed on an FAA-accepted dec- meet all of the following requirements laration of compliance as eligible for for the applicant’s unmanned aircraft Category 3 operations in accordance to be used in Category 2 operations: with § 107.160; and (1) Display a label on the small un- (3) Is labeled as eligible for Category manned aircraft indicating eligibility 3 operations in accordance with to conduct Category 2 operations. The § 107.130(b)(1); label must be in English and be legible, (b) Must not operate the small un- prominent, and permanently affixed to manned aircraft over open-air assem- the small unmanned aircraft.

blies of human beings; and (2) Have remote pilot operating in- (c) May only operate the small un- structions that apply to the operation manned aircraft above any human of the small unmanned aircraft system.

being if operation meets one of the fol- The applicant for a declaration of com- lowing conditions: pliance must make available these in- (1) The operation is within or over a structions upon sale or transfer of the closed- or restricted-access site and all aircraft or use of the aircraft by some- human beings located within the one other than the applicant who sub- closed- or restricted-access site must mitted a declaration of compliance be on notice that a small unmanned pursuant to § 107.160. Such instructions aircraft may fly over them; or must address, at a minimum— (2) The small unmanned aircraft does (i) A system description that includes not maintain sustained flight over any the required small unmanned aircraft human being unless that human being system components, any system limi- is— tations, and the declared category or categories of operation; (i) Directly participating in the oper- (ii) Modifications that will not ation of the small unmanned aircraft; change the ability of the small un- or manned aircraft system to meet the re- (ii) Located under a covered struc- quirements for the category or cat- ture or inside a stationary vehicle that Federal Aviation Administration, DOT § 107.140 can provide reasonable protection from egories of operation the small un- a falling small unmanned aircraft. manned aircraft system is eligible to conduct; and [Amdt. 107–8, 86 FR 4382, Jan. 15, 2021, as (iii) Instructions for how to verify amended by 86 FR 62473, Nov. 10, 2021] and change the mode or configuration of the small unmanned aircraft system, § 107.130 Category 3 operations: Eligi- bility of small unmanned aircraft if they are variable.

and other applicant requirements.

(3) Maintain a product support and notification process. The applicant for (a) To be eligible for use in Category a declaration of compliance must 3 operations, the small unmanned air- maintain product support and notifica- craft must be designed, produced, or tion procedures to notify the public modified such that it— and the FAA of— (1) Will not cause injury to a human (i) Any defect or condition that being that is equivalent to or greater causes the small unmanned aircraft to than the severity of the injury caused no longer meet the requirements of by a transfer of 25 foot-pounds of ki- this subpart; and netic energy upon impact from a rigid (ii) Any identified safety defect that object; causes the small unmanned aircraft to (2) Does not contain any exposed ro- exceed a low probability of fatality.

tating parts that would lacerate human skin upon impact with a human § 107.135 Labeling by remote pilot in being; and command for Category 2 and 3 op- (3) Does not contain any safety de- erations.

fects.

If a Category 2 or Category 3 label af- (b) The applicant for a declaration of fixed to a small unmanned aircraft is compliance for a small unmanned air- damaged, destroyed, or missing, a re- craft that is eligible for use in Cat- mote pilot in command must label the egory 3 operations in accordance with aircraft in English such that the label paragraph (a) of this section, must is legible, prominent, and will remain meet all of the following requirements on the small unmanned aircraft for the for the applicant’s small unmanned air- duration of the operation before con- craft to be used in Category 3 oper- ducting operations over human beings.

ations: The label must correctly identify the (1) Display a label on the small un- category or categories of operation manned aircraft indicating eligibility over human beings that the small un- to conduct Category 3 operations. The manned aircraft is qualified to conduct label must be in English and be legible, in accordance with this subpart.

prominent, and permanently affixed to the small unmanned aircraft.

§ 107.140 Category 4 operations.

(2) Have remote pilot operating in- structions that apply to the operation (a) Remote pilot in command require- of the small unmanned aircraft system. ments. To conduct Category 4 oper- The applicant for a declaration of com- ations— pliance must make available these in- (1) A remote pilot in command— structions upon sale or transfer of the (i) Must use a small unmanned air- aircraft or use of the aircraft by some- craft that is eligible for Category 4 op- one other than the applicant who sub- erations pursuant to paragraph (b) of mitted a declaration of compliance this section; and pursuant to § 107.160. Such instructions (ii) Must operate the small unmanned must address, at a minimum— aircraft in accordance with all oper- (i) A system description that includes ating limitations that apply to the the required small unmanned aircraft small unmanned aircraft, as specified system components, any system limi- by the Administrator.

tations, and the declared category or (2) No remote pilot in command may categories of operation; operate a small unmanned aircraft in (ii) Modifications that will not sustained flight over open-air assem- change the ability of the small un- blies of human beings unless the oper- manned aircraft system to meet the re- ation meets the requirements of either quirements for the category or cat- § 89.110 or § 89.115(a) of this chapter.

14 CFR Ch. I (1–1–25 Edition) § 107.140 (b) Small unmanned aircraft require- (2) Maintain all records of mainte- ments for Category 4. To be eligible to nance, preventive maintenance, and al- operate over human beings under this terations performed on the aircraft and section, the small unmanned aircraft ensure the records are documented in a must— manner acceptable to the Adminis- (1) Have an airworthiness certificate trator. The records must contain the issued under part 21 of this chapter.

description of the work performed, the (2) Be operated in accordance with date the work was completed, and the the operating limitations specified in name of the person who performed the the approved Flight Manual or as oth- work.

erwise specified by the Administrator.

(3) Maintain all records containing— The operating limitations must not (i) The status of life-limited parts prohibit operations over human beings.

that are installed on, or part of, the (3) Have maintenance, preventive small unmanned aircraft; maintenance, alterations, or inspec- (ii) The inspection status of the air- tions performed in accordance with paragraph (c)(1) of this section. craft; and (c) Maintenance requirements for Cat- (iii) The status of applicable air- egory 4. The owner must (unless the worthiness directives including the owner enters into an agreement with method of compliance, the airworthi- an operator to meet the requirements ness directive number, and revision of this paragraph (c), then the operator date. If the airworthiness directive in- must) meet the requirements of this volves recurring action, the record paragraph (c): must contain the time and date of the (1) Ensure the person performing any next required action.

maintenance, preventive maintenance, (4) Retain the records required under alterations, or inspections: paragraphs (c)(2) and (3) of this section, (i) Uses the methods, techniques, and as follows: practices prescribed in the manufactur- (i) The records documenting mainte- er’s current maintenance manual or In- nance, preventive maintenance, or al- structions for Continued Airworthiness terations performed must be retained that are acceptable to the Adminis- trator, or other methods, techniques, for 1 year from when the work is com- and practices acceptable to the Admin- pleted or until the maintenance is re- istrator; peated or superseded by other work.

(ii) Has the knowledge, skill, and ap- (ii) The records documenting the sta- propriate equipment to perform the tus of life-limited parts, compliance work; with airworthiness directives, and in- (iii) Performs the maintenance, pre- spection status of the small unmanned ventive maintenance, or alterations on aircraft must be retained and trans- the small unmanned aircraft in a man- ferred with the aircraft upon change in ner using the methods, techniques, and ownership.

practices prescribed in the manufactur- (5) Ensure all records under para- er’s current maintenance manual or In- graphs (c)(2) and (3) of this section are structions for Continued Airworthiness available for inspection upon request prepared by its manufacturer, or other from the Administrator or any author- methods, techniques, and practices ac- ized representative of the National ceptable to the Administrator; Transportation Safety Board (NTSB).

(iv) Inspects the small unmanned air- craft in accordance with the manufac- (d) Compliance with parts 43 and 91 of turer’s instructions or other instruc- this chapter. Compliance with part 43 tions acceptable to the Administrator; and part 91, subpart E, of this chapter and fulfills the requirements in paragraphs (v) Performs the maintenance, pre- (b)(3) and (c) of this section.

ventive maintenance, or alterations [Amdt. 107–8, 86 FR 4383, Jan. 15, 2021; 86 FR using parts of such a quality that the 13633, Mar. 10, 2021] condition of the aircraft will be at least equal to its original or properly altered condition.

Federal Aviation Administration, DOT § 107.160 lowing information to the FAA in a § 107.145 Operations over moving vehi- cles. manner specified by the Administrator: (1) Procedures. Detailed description of No person may operate a small un- the means of compliance, including ap- manned aircraft over a human being lo- plicable test, analysis, or inspection cated inside a moving vehicle unless procedures to demonstrate how the the following conditions are met: small unmanned aircraft meets the re- (a) The operation occurs in accord- quirements of § 107.120(a) for operations ance with § 107.110 for Category 1 oper- in Category 2 or the requirements of ations; § 107.115 for Category 2 oper- § 107.130(a) for operations in Category 3.

ations; § 107.125 for Category 3 oper- The description should include condi- ations; or § 107.140 for Category 4 oper- tions, environments, and methods, as ations.

applicable.

(b) For an operation under Category (2) Compliance explanation. Expla- 1, Category 2, or Category 3, the small nation of how application of the means unmanned aircraft, throughout the op- of compliance fulfills the requirements eration— of § 107.120(a) for operations in Category (1) Must remain within or over a 2 or the requirements of § 107.130(a) for closed- or restricted-access site, and all operations in Category 3.

human beings located inside a moving vehicle within the closed- or restricted- (c) FAA acceptance. If the FAA deter- access site must be on notice that a mines the applicant has demonstrated small unmanned aircraft may fly over compliance with paragraphs (a) and (b) them; or of this section, it will notify the appli- (2) Must not maintain sustained cant that it has accepted the means of flight over moving vehicles. compliance.

(c) For a Category 4 operation, the (d) Rescission. (1) A means of compli- small unmanned aircraft must— ance is subject to ongoing review by (1) Have an airworthiness certificate the Administrator. The Administrator issued under part 21 of this chapter.

may rescind its acceptance of a means (2) Be operated in accordance with of compliance if the Administrator de- the operating limitations specified in termines that a means of compliance the approved Flight Manual or as oth- does not meet any or all of the require- erwise specified by the Administrator.

ments of this subpart.

The operating limitations must not (2) The Administrator will publish a prohibit operations over human beings notice of rescission in the F EDERAL located inside moving vehicles.

R EGISTER .

(e) Inapplicability of part 13, subpart D, § 107.150 Variable mode and variable of this chapter. Part 13, subpart D, of configuration of small unmanned this chapter does not apply to the pro- aircraft systems.

cedures of paragraph (a) of this section.

A small unmanned aircraft system may be eligible for one or more cat- § 107.160 Declaration of compliance.

egories of operation over human beings (a) Required information. In order for under this subpart, as long as a remote an applicant to declare a small un- pilot in command cannot inadvertently manned aircraft is compliant with the switch between modes or configura- requirements of this subpart for Cat- tions.

egory 2 or Category 3 operations, an § 107.155 Means of compliance.

applicant must submit a declaration of compliance for acceptance by the FAA, (a) Establishment of compliance. To in a manner specified by the Adminis- meet the requirements of § 107.120(a) for trator, that includes the following in- operations in Category 2, or the re- formation: quirements of § 107.130(a) for operations (1) Applicant’s name; in Category 3, the means of compliance (2) Applicant’s physical address; must consist of test, analysis, or in- (3) Applicant’s email address; spection.

(b) Required information. An applicant (4) The small unmanned aircraft requesting FAA acceptance of a means make and model name, and series, if of compliance must submit the fol- applicable; 14 CFR Ch. I (1–1–25 Edition) § 107.160 (5) The small unmanned aircraft se- accepted no longer complies with rial number or range of serial numbers § 107.120(a) or § 107.130(a); that are the subject of the declaration (ii) The FAA finds a declaration of of compliance; compliance is in violation of § 107.5(a); (6) Whether the declaration of com- or pliance is an initial declaration or an (iii) The Administrator determines amended declaration; an emergency exists related to safety (7) If the declaration of compliance is in accordance with the authority in 49 an amended declaration, the reason for U.S.C. 46105.

the re-submittal; (3) If a safety issue identified under (8) The accepted means of compliance paragraph (c) of this section has not the applicant used to fulfill require- been resolved, the FAA may rescind ments of § 107.120(a) or § 107.130(a) or the declaration of compliance as fol- both; lows: (9) A declaration that the applicant— (i) The FAA will issue a notice pro- (i) Has demonstrated that the small posing to rescind the declaration of unmanned aircraft, or specific configu- compliance. The notice will set forth rations of that aircraft, satisfies the Agency’s basis for the proposed re- § 107.120(a) or § 107.130(a) or both, scission and provide the holder of the through the accepted means of compli- declaration of compliance with 30 cal- ance identified in paragraph (a)(8) of endar days from the date of issuance of this section; the proposed notice to submit evi- (ii) Has verified that the unmanned dentiary information to refute the pro- aircraft does not contain any safety de- posed notice.

fects; (ii) The holder of the declaration of (iii) Has satisfied § 107.120(b)(3) or compliance must submit information § 107.130(b)(3), or both; and demonstrating how the small un- (iv) Will, upon request, allow the Ad- manned aircraft meets the require- ministrator to inspect its facilities, ments of this subpart within 30 cal- technical data, and any manufactured endar days from the date of issuance of small unmanned aircraft and witness the proposed notice.

any tests necessary to determine com- (iii) If the FAA does not receive the pliance with this subpart; and information required by paragraph (10) Other information as required by (d)(3)(ii) of this section within 30 cal- the Administrator.

endar days from the date of the (b) FAA acceptance. If the FAA deter- issuance of the proposed notice, the mines the applicant has demonstrated FAA will issue a notice rescinding the compliance with the requirements of declaration of compliance.

this subpart, it will notify the appli- (4) If the Administrator determines cant that it has accepted the declara- that an emergency exists in accordance tion of compliance.

with paragraph (d)(2)(iii) of this sec- (c) Notification of a safety issue. Prior tion, the FAA will exercise its author- to initiating rescission proceedings ity under 49 U.S.C. 46105(c) to issue an pursuant to paragraphs (d)(1) through order rescinding a declaration of com- (3) of this section, the FAA will notify pliance without initiating the process the applicant if a safety issue has been in paragraph (d)(3) of this section.

identified for the declaration of com- (e) Petition to reconsider the rescission pliance.

of a declaration of compliance. A person (d) Rescission. (1) No person may oper- subject to an order of rescission under ate a small unmanned aircraft identi- paragraph (d)(3) of this section may pe- fied on a declaration of compliance tition the FAA to reconsider the rescis- that the FAA has rescinded pursuant sion of a declaration of compliance by to this subpart while that declaration submitting a request to the FAA in a of compliance is rescinded.

manner specified by the Administrator (2) The FAA may rescind a declara- within 60 days of the date of issuance tion of compliance if any of the fol- of the rescission.

lowing conditions occur: (i) A small unmanned aircraft for (1) A petition to reconsider the re- which a declaration of compliance was scission of a declaration of compliance Federal Aviation Administration, DOT § 107.205 must demonstrate at least one of the as the means of compliance remains following: accepted, the detailed description of (i) A material fact that was not the means of compliance and justifica- present in the original response to the tion showing how the means of compli- notification of the safety issue and an ance meets the requirements of explanation for why it was not present §§ 107.120(a), for operations in Category in the original response; 2, and 107.130(a), for operations in Cat- (ii) The FAA made a material factual egory 3.

error in the decision to rescind the dec- laration of compliance; or Subpart E—Waivers (iii) The FAA did not correctly inter- pret a law, regulation, or precedent.

§ 107.200 Waiver policy and require- (2) Upon consideration of the infor- ments.

mation submitted under paragraph (a) The Administrator may issue a (e)(1) of this section, the FAA will issue certificate of waiver authorizing a de- a notice either affirming the rescission viation from any regulation specified or withdrawing the rescission.

in § 107.205 if the Administrator finds (f) Inapplicability of part 13, subpart D, that a proposed small UAS operation of this chapter. Part 13, subpart D, of can safely be conducted under the this chapter does not apply to the pro- terms of that certificate of waiver.

cedures of paragraphs (d) and (e) of this (b) A request for a certificate of waiv- section.

er must contain a complete description of the proposed operation and justifica- § 107.165 Record retention.

tion that establishes that the oper- (a) A person who submits a declara- ation can safely be conducted under tion of compliance under this subpart the terms of a certificate of waiver.

must retain and make available to the (c) The Administrator may prescribe Administrator, upon request, the infor- additional limitations that the Admin- mation described in paragraph (a)(1) of istrator considers necessary.

this section for the period of time de- (d) A person who receives a certifi- scribed in paragraph (a)(2) of this sec- cate of waiver issued under this sec- tion.

tion: (1) All supporting information used (1) May deviate from the regulations to demonstrate the small unmanned of this part to the extent specified in aircraft meets the requirements of the certificate of waiver; and §§ 107.120(a), for operations in Category (2) Must comply with any conditions 2, and 107.130(a), for operations in Cat- or limitations that are specified in the egory 3.

certificate of waiver.

(2) The following time periods apply: (i) If the person who submits a dec- § 107.205 List of regulations subject to laration of compliance produces a waiver.

small unmanned aircraft, that person A certificate of waiver issued pursu- must retain the information described ant to § 107.200 may authorize a devi- in paragraph (a)(1) of this section for ation from the following regulations of two years after the cessation of produc- this part: tion of the small unmanned aircraft (a) Section 107.25—Operation from a system for which the person declared moving vehicle or aircraft. However, no compliance.

waiver of this provision will be issued (ii) If the person who submits a dec- to allow the carriage of property of an- laration of compliance designs or modi- other by aircraft for compensation or fies a small unmanned aircraft, that hire.

person must retain the information de- scribed in paragraph (a)(1) of this sec- (b) Section 107.29(a)(2) and (b)—Anti- tion for two years after the person sub- collision light required for operations mitted the declaration of compliance. at night and during periods of civil twi- (b) A person who submits a means of light.

compliance under this subpart must re- (c) Section 107.31—Visual line of sight tain and make available to the Admin- aircraft operation. However, no waiver istrator, upon request, and for as long of this provision will be issued to allow 14 CFR Ch. I (1–1–25 Edition) § 107.205 the carriage of property of another by (i) Section 107.51—Operating limita- aircraft for compensation or hire. tions for small unmanned aircraft.

(d) Section 107.33—Visual observer.

(j) Section 107.145—Operations over (e) Section 107.35—Operation of mul- moving vehicles.

tiple small unmanned aircraft systems.

[Docket FAA–2015–0150, Amdt. 107–1, 81 FR (f) Section 107.37(a)—Yielding the 42209, June 28, 2016, as amended by Amdt.

right of way.

107–8, 86 FR 4387, Jan. 15, 2021] (g) Section 107.39—Operation over people.

(h) Section 107.41—Operation in cer- PARTS 108–109 [ RESERVED ] tain airspace.