Operations Over Human Beings

Operations over uninvolved and involved people, and moving and stationary vehicles, has been amended under Part 107.39 subpart D. Operations over people and vehicles is permissible depending upon the type of sUAS the remote pilot or recreational flyer is using. This rule applies to both recreational operators and certified remote drone pilots.

The rule is complex and is divided into four distinct categories: Category 1, Category 2, Category 3, and Category 4. Consequently, we will first provide a simple breakdown followed by the more comprehensive explanation for each category.  In addition, the more complex categories mandate operators obtain a Means of Compliance and a Declaration of Compliance, all of which will be explained.

As of 2023/2024, there’s no indication the FAA will require remote pilots to know the intricacies of a DoC or MoC application however, the basics of each of the four categories must be known. Although it’s unlikely that anyone studying to obtain their remote pilot certificate through our website will be operating an sUAS under Category 4, there will be questions on both your initial remote pilot knowledge exam and the recurrent exam, so students need to become familiar with all four categories as defined below.

Category 2

• Weight of sUAS not applicable.
• Less than 11 foot-pounds kinetic energy upon impact.
• No exposed rotating parts (full propellers guards required).
• Declaration of Compliance (DoC) and Means of Compliance (MoC) documentation required.*
  (must be listed on an FAA-accepted Declaration of Compliance list of eligibility)
• DoC and MoC labeling of sUAS is required (i.e.: sUAS labeled “Category 2 Certified”).
• sUAS cannot contain any safety defects.
• Must be subject to a product support and notification process.

*Ensuring that an sUAS complies with Category 2 is the responsibility of the sUAS manufacturer, which must file an DoC and MoC with the FAA.

Operators (both commercial and recreational) are permitted to operate an sUAS for sustained flight over open-air assemblies if the drone has Remote ID. Operators are also permitted to fly an sUAS over moving vehicles for non-sustained flights however, all people inside the vehicle(s) must be notified.

Application for Declaration of Compliance and Means of Compliance can be found here: https://uasdoc.faa.gov/login.

Category 4

• Weight of sUAS not applicable.
• Case-by-case basis and limited to a set of circumstances and parameters (similar to waiver).
• Must have an airworthiness certificate issued under Part 21 of FAA regulations.
• Considered by the FAA as a full-sized aircraft or “delivery drone” such as Amazon Air.
• sUAS must be operated as approved in the Flight Manual or as specified by the Administrator.
• Must be subject to a product support and notification process.
• Must have maintenance, preventive maintenance, alterations, or inspections performed in accordance with specific requirements in the final rule.

The sUAS operator may maintain sustained flight over open-air assemblies of people if the drone has Remote ID.

Means of Compliance

To meet the requirements for operations in Category 2 and Category 3, the means of compliance must consist of a test, analysis, or inspection. An applicant requesting FAA acceptance of a means of compliance must submit the following information as specified by the Administrator:

• Procedure: Detailed description of the means of compliance, including applicable test, analysis, or inspection procedures. A detailed description of its procedures must demonstrate how the sUAS meets the requirements of § 107.120(a) for operations in Category 2 or the requirements of § 107.130(a) for operations in Category 3. The description should include conditions, environments, and methods, as applicable.
• Compliance Explanation: A detailed explanation of how application of the means of compliance fulfills the requirements of § 107.120(a) for operations in Category 2 or the requirements of § 107.130(a) for operations in Category 3.

If the FAA determines the applicant has demonstrated compliance, the FAA will notify the applicant that it has accepted the means of compliance.

Rescission: A means of compliance is subject to ongoing review by the Administrator and the Administrator may rescind its acceptance of a means of compliance if the Administrator determines that the MoC does not meet any or all of the requirements of this subpart. The Administrator must publish a notice of rescission in the Federal Register.

Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the procedures of paragraph (a) of this section.

Declaration of Compliance

Required Information
For an applicant to declare an sUAS is compliant for Category 2 or Category 3 operations, an applicant must submit a declaration of compliance to the FAA for acceptance and approval. The DoC must include the following information:

• Applicant’s name;
• Applicant’s physical address;
• Applicant’s email address;
• The small unmanned aircraft make and model name, and series, if applicable;
• The small unmanned aircraft serial number or range of serial numbers that are the subject of the declaration of compliance;
• Whether the declaration of compliance is an initial declaration or an amended declaration;
• If the declaration of compliance is an amended declaration, the reason for the re-submittal;
• The accepted means of compliance the applicant used to fulfill requirements of § 107.120(a) or § 107.130(a) or both.

A declaration that the applicant:

• Has demonstrated that the small unmanned aircraft, or specific configurations of that aircraft is satisfied;
• Has verified that the unmanned aircraft does not contain any safety defects;
• Has satisfied § 107.120(b)(3) or § 107.130(b)(3), or both; and
• Will, upon request, allow the Administrator to inspect its facilities, technical data, and any manufactured small unmanned aircraft and witness any tests necessary to determine compliance with this subpart; and
• Other information as required by the Administrator.

FAA Acceptance: If the FAA determines the applicant has demonstrated compliance, it will notify the applicant that it has accepted the declaration of compliance.

Notification of a Safety Issue: Prior to initiating rescission proceedings, the FAA will notify the applicant if a safety issue has been identified for the declaration of compliance.

Rescission: No person may operate a small unmanned aircraft identified on a declaration of compliance that the FAA has rescinded pursuant to this subpart while that declaration of compliance is rescinded. The FAA may rescind a declaration of compliance if any of the following conditions occur:

• A small unmanned aircraft for which a declaration of compliance was accepted no longer complies with § 107.120(a) or § 107.130(a);
• The FAA finds a declaration of compliance is in violation of § 107.5(a); or
• The Administrator determines an emergency exists related to safety in accordance with the authority in 49 U.S.C. 46105.

If a safety issue identified has not been resolved, the FAA may rescind the declaration of compliance as follows:

• The FAA will issue a notice proposing to rescind the declaration of compliance. The notice will set forth the Agency’s basis for the proposed rescission and provide the holder of the declaration of compliance with 30 calendar days from the date of issuance of the proposed notice to submit evidentiary information to refute the proposed notice;
• The holder of the declaration of compliance must submit information demonstrating how the small unmanned aircraft meets the requirements of this subpart within 30 calendar days from the date of issuance of the proposed notice;
• If the FAA does not receive the information required by paragraph (d)(3)(ii) of this section within 30 calendar days from the date of the issuance of the proposed notice, the FAA will issue a notice rescinding the declaration of compliance.

If the Administrator determines that an emergency exists, the FAA will exercise its authority to issue an order rescinding a DoC.

 

Petition to Reconsider the Rescission of a Declaration of Compliance

A person subject to an order of rescission may petition the FAA to reconsider the rescission of a DoC by submitting a request within 60 days of the date of issuance of the rescission. A petition to reconsider the rescission of a declaration of compliance must demonstrate at least one of the following:

• A material fact that was not present in the original response to the notification of the safety issue and an explanation for why it was not present in the original response;
• The FAA made a material factual error in the decision to rescind the declaration of compliance; or
• The FAA did not correctly interpret a law, regulation, or precedent.

Upon consideration of the information submitted, the FAA will issue a notice either affirming the rescission or withdrawing the rescission.

Part 13 subpart D of this chapter does not apply to the particular procedures of this section.

The FAA refers students to the 2016 Advisory Circular AC 107-2 for detailed information regarding means of compliance.
https://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_107-2.pdf

Recordkeeping Requirements

A Declaration of Compliance involves certification that the person who submits the DoC:

• maintains a process to notify owners and the FAA of any unsafe conditions that render the sUAS noncompliant;
• who will correct any safety defects the FAA identifies;
• will allow the FAA access to its facilities and any documents, records, or reports that are required to be kept.

Official records and documents related to the DoC must be maintained for a minimum of two (2) years after ceasing the manufacturing of the sUAS. Furthermore, substantiating data for a custom means of compliance must be retained for as long as the means of compliance remains accepted.

Product Support and Notification Process

If the person who holds an FAA-accepted DoC determines that the sUAS no longer meets the safety level for the category declared, or contains any safety defect, he/she must notify:

• the owners of the sUAS,
• the public, and
• the FAA.

The person who holds the Declaration of Compliance must exercise due diligence to ensure the intended audience receives communications about potential unsafe conditions. Notification could take on several forms, including but not limited to:

• a notice on a website;
• electronic notification to owners who have registered the sUAS (such as a warranty);
• an update to the sUAS software.

For those who are interested in reading the complete rule of part 107.39, click the following link for direct access to the Federal Registrar. It is a decent read if you desire to have anything explained in minute detail such as, does the size of the font matter when labeling an sUAS; what are the exact steps to submit a MoC and DoC to the FAA; how does the FAA define a laceration, rotating part, or sustained flight, etc. Again, there’s no indication the FAA will require remote pilots to know everything with the Federal Registrar, but they will expect you to know the basic differences between the four categories as first defined at the top of this page.

https://www.federalregister.gov/documents/2021/01/15/2020-28947/operation-of-small-unmanned-aircraft-systems-over-people

https://www.faa.gov/sites/faa.gov/files/2021-08/OOP_Final%20Rule.pdf