title-14-part-107-sec107-140

912

14 CFR Ch. I (1–1–24 Edition)

§ 107.130

can provide reasonable protection from
a falling small unmanned aircraft.

[Amdt. No. 107–8, 86 FR 4382, Jan. 15, 2021, as
amended by 86 FR 62473, Nov. 10, 2021]

§ 107.130

Category 3 operations: Eligi-

bility of small unmanned aircraft
and other applicant requirements.

(a) To be eligible for use in Category

3 operations, the small unmanned air-
craft must be designed, produced, or
modified such that it—

(1) Will not cause injury to a human

being that is equivalent to or greater
than the severity of the injury caused
by a transfer of 25 foot-pounds of ki-
netic energy upon impact from a rigid
object;

(2) Does not contain any exposed ro-

tating parts that would lacerate
human skin upon impact with a human
being; and

(3) Does not contain any safety de-

fects.

(b) The applicant for a declaration of

compliance for a small unmanned air-
craft that is eligible for use in Cat-
egory 3 operations in accordance with
paragraph (a) of this section, must
meet all of the following requirements
for the applicant’s small unmanned air-
craft to be used in Category 3 oper-
ations:

(1) Display a label on the small un-

manned aircraft indicating eligibility
to conduct Category 3 operations. The
label must be in English and be legible,
prominent, and permanently affixed to
the small unmanned aircraft.

(2) Have remote pilot operating in-

structions that apply to the operation
of the small unmanned aircraft system.
The applicant for a declaration of com-
pliance must make available these in-
structions upon sale or transfer of the
aircraft or use of the aircraft by some-
one other than the applicant who sub-
mitted a declaration of compliance
pursuant to § 107.160. Such instructions
must address, at a minimum—

(i) A system description that includes

the required small unmanned aircraft
system components, any system limi-
tations, and the declared category or
categories of operation;

(ii) Modifications that will not

change the ability of the small un-
manned aircraft system to meet the re-
quirements for the category or cat-

egories of operation the small un-
manned aircraft system is eligible to
conduct; and

(iii) Instructions for how to verify

and change the mode or configuration
of the small unmanned aircraft system,
if they are variable.

(3) Maintain a product support and

notification process. The applicant for
a declaration of compliance must
maintain product support and notifica-
tion procedures to notify the public
and the FAA of—

(i) Any defect or condition that

causes the small unmanned aircraft to
no longer meet the requirements of
this subpart; and

(ii) Any identified safety defect that

causes the small unmanned aircraft to
exceed a low probability of fatality.

§ 107.135

Labeling by remote pilot in

command for Category 2 and 3 op-
erations.

If a Category 2 or Category 3 label af-

fixed to a small unmanned aircraft is
damaged, destroyed, or missing, a re-
mote pilot in command must label the
aircraft in English such that the label
is legible, prominent, and will remain
on the small unmanned aircraft for the
duration of the operation before con-
ducting operations over human beings.
The label must correctly identify the
category or categories of operation
over human beings that the small un-
manned aircraft is qualified to conduct
in accordance with this subpart.

§ 107.140

Category 4 operations.

(a)

Remote pilot in command require-

ments. To conduct Category 4 oper-
ations—

(1) A remote pilot in command—
(i) Must use a small unmanned air-

craft that is eligible for Category 4 op-
erations pursuant to paragraph (b) of
this section; and

(ii) Must operate the small unmanned

aircraft in accordance with all oper-
ating limitations that apply to the
small unmanned aircraft, as specified
by the Administrator.

(2) No remote pilot in command may

operate a small unmanned aircraft in
sustained flight over open-air assem-
blies of human beings unless the oper-
ation meets the requirements of either
§ 89.110 or § 89.115(a) of this chapter.

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§ 107.140

(b)

Small unmanned aircraft require-

ments for Category 4. To be eligible to
operate over human beings under this
section, the small unmanned aircraft
must—

(1) Have an airworthiness certificate

issued under part 21 of this chapter.

(2) Be operated in accordance with

the operating limitations specified in
the approved Flight Manual or as oth-
erwise specified by the Administrator.
The operating limitations must not
prohibit operations over human beings.

(3) Have maintenance, preventive

maintenance, alterations, or inspec-
tions performed in accordance with
paragraph (c)(1) of this section.

(c)

Maintenance requirements for Cat-

egory 4. The owner must (unless the
owner enters into an agreement with
an operator to meet the requirements
of this paragraph (c), then the operator
must) meet the requirements of this
paragraph (c):

(1) Ensure the person performing any

maintenance, preventive maintenance,
alterations, or inspections:

(i) Uses the methods, techniques, and

practices prescribed in the manufactur-
er’s current maintenance manual or In-
structions for Continued Airworthiness
that are acceptable to the Adminis-
trator, or other methods, techniques,
and practices acceptable to the Admin-
istrator;

(ii) Has the knowledge, skill, and ap-

propriate equipment to perform the
work;

(iii) Performs the maintenance, pre-

ventive maintenance, or alterations on
the small unmanned aircraft in a man-
ner using the methods, techniques, and
practices prescribed in the manufactur-
er’s current maintenance manual or In-
structions for Continued Airworthiness
prepared by its manufacturer, or other
methods, techniques, and practices ac-
ceptable to the Administrator;

(iv) Inspects the small unmanned air-

craft in accordance with the manufac-
turer’s instructions or other instruc-
tions acceptable to the Administrator;
and

(v) Performs the maintenance, pre-

ventive maintenance, or alterations
using parts of such a quality that the
condition of the aircraft will be at
least equal to its original or properly
altered condition.

(2) Maintain all records of mainte-

nance, preventive maintenance, and al-
terations performed on the aircraft and
ensure the records are documented in a
manner acceptable to the Adminis-
trator. The records must contain the
description of the work performed, the
date the work was completed, and the
name of the person who performed the
work.

(3) Maintain all records containing—
(i) The status of life-limited parts

that are installed on, or part of, the
small unmanned aircraft;

(ii) The inspection status of the air-

craft; and

(iii) The status of applicable air-

worthiness directives including the
method of compliance, the airworthi-
ness directive number, and revision
date. If the airworthiness directive in-
volves recurring action, the record
must contain the time and date of the
next required action.

(4) Retain the records required under

paragraphs (c)(2) and (3) of this section,
as follows:

(i) The records documenting mainte-

nance, preventive maintenance, or al-
terations performed must be retained
for 1 year from when the work is com-
pleted or until the maintenance is re-
peated or superseded by other work.

(ii) The records documenting the sta-

tus of life-limited parts, compliance
with airworthiness directives, and in-
spection status of the small unmanned
aircraft must be retained and trans-
ferred with the aircraft upon change in
ownership.

(5) Ensure all records under para-

graphs (c)(2) and (3) of this section are
available for inspection upon request
from the Administrator or any author-
ized representative of the National
Transportation Safety Board (NTSB).

(d)

Compliance with parts 43 and 91 of

this chapter. Compliance with part 43
and part 91, subpart E, of this chapter
fulfills the requirements in paragraphs
(b)(3) and (c) of this section.

[Amdt. No. 107–8, 86 FR 4383, Jan. 15, 2021; 86
FR 13633, Mar. 10, 2021]