914
14 CFR Ch. I (1–1–24 Edition)
§ 107.145
§ 107.145
Operations over moving vehi-
cles.
No person may operate a small un-
manned aircraft over a human being lo-
cated inside a moving vehicle unless
the following conditions are met:
(a) The operation occurs in accord-
ance with § 107.110 for Category 1 oper-
ations; § 107.115 for Category 2 oper-
ations; § 107.125 for Category 3 oper-
ations; or § 107.140 for Category 4 oper-
ations.
(b) For an operation under Category
1, Category 2, or Category 3, the small
unmanned aircraft, throughout the op-
eration—
(1) Must remain within or over a
closed- or restricted-access site, and all
human beings located inside a moving
vehicle within the closed- or restricted-
access site must be on notice that a
small unmanned aircraft may fly over
them; or
(2) Must not maintain sustained
flight over moving vehicles.
(c) For a Category 4 operation, 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
located inside moving vehicles.
§ 107.150
Variable mode and variable
configuration of small unmanned
aircraft systems.
A small unmanned aircraft system
may be eligible for one or more cat-
egories of operation over human beings
under this subpart, as long as a remote
pilot in command cannot inadvertently
switch between modes or configura-
tions.
§ 107.155
Means of compliance.
(a)
Establishment of compliance. To
meet the requirements of § 107.120(a) for
operations in Category 2, or the re-
quirements of § 107.130(a) for operations
in Category 3, the means of compliance
must consist of test, analysis, or in-
spection.
(b)
Required information. An applicant
requesting FAA acceptance of a means
of compliance must submit the fol-
lowing information to the FAA in a
manner specified by the Administrator:
(1)
Procedures. Detailed description of
the means of compliance, including ap-
plicable test, analysis, or inspection
procedures to demonstrate how the
small unmanned aircraft meets the re-
quirements 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 condi-
tions, environments, and methods, as
applicable.
(2)
Compliance explanation. Expla-
nation 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.
(c)
FAA acceptance. If the FAA deter-
mines the applicant has demonstrated
compliance with paragraphs (a) and (b)
of this section, it will notify the appli-
cant that it has accepted the means of
compliance.
(d)
Rescission. (1) A means of compli-
ance is subject to ongoing review by
the Administrator. The Administrator
may rescind its acceptance of a means
of compliance if the Administrator de-
termines that a means of compliance
does not meet any or all of the require-
ments of this subpart.
(2) The Administrator will publish a
notice of rescission in the F
EDERAL
R
EGISTER
.
(e)
Inapplicability of part 13, subpart D,
of this chapter. Part 13, subpart D, of
this chapter does not apply to the pro-
cedures of paragraph (a) of this section.
§ 107.160
Declaration of compliance.
(a)
Required information. In order for
an applicant to declare a small un-
manned aircraft is compliant with the
requirements of this subpart for Cat-
egory 2 or Category 3 operations, an
applicant must submit a declaration of
compliance for acceptance by the FAA,
in a manner specified by the Adminis-
trator, that includes the following in-
formation:
(1) Applicant’s name;
(2) Applicant’s physical address;
(3) Applicant’s email address;
(4) The small unmanned aircraft
make and model name, and series, if
applicable;
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Federal Aviation Administration, DOT
§ 107.160
(5) The small unmanned aircraft se-
rial number or range of serial numbers
that are the subject of the declaration
of compliance;
(6) Whether the declaration of com-
pliance is an initial declaration or an
amended declaration;
(7) If the declaration of compliance is
an amended declaration, the reason for
the re-submittal;
(8) The accepted means of compliance
the applicant used to fulfill require-
ments of § 107.120(a) or § 107.130(a) or
both;
(9) A declaration that the applicant—
(i) Has demonstrated that the small
unmanned aircraft, or specific configu-
rations of that aircraft, satisfies
§ 107.120(a) or § 107.130(a) or both,
through the accepted means of compli-
ance identified in paragraph (a)(8) of
this section;
(ii) Has verified that the unmanned
aircraft does not contain any safety de-
fects;
(iii) Has satisfied § 107.120(b)(3) or
§ 107.130(b)(3), or both; and
(iv) Will, upon request, allow the Ad-
ministrator to inspect its facilities,
technical data, and any manufactured
small unmanned aircraft and witness
any tests necessary to determine com-
pliance with this subpart; and
(10) Other information as required by
the Administrator.
(b)
FAA acceptance. If the FAA deter-
mines the applicant has demonstrated
compliance with the requirements of
this subpart, it will notify the appli-
cant that it has accepted the declara-
tion of compliance.
(c)
Notification of a safety issue. Prior
to initiating rescission proceedings
pursuant to paragraphs (d)(1) through
(3) of this section, the FAA will notify
the applicant if a safety issue has been
identified for the declaration of com-
pliance.
(d)
Rescission. (1) No person may oper-
ate a small unmanned aircraft identi-
fied on a declaration of compliance
that the FAA has rescinded pursuant
to this subpart while that declaration
of compliance is rescinded.
(2) The FAA may rescind a declara-
tion of compliance if any of the fol-
lowing conditions occur:
(i) A small unmanned aircraft for
which a declaration of compliance was
accepted no longer complies with
§ 107.120(a) or § 107.130(a);
(ii) The FAA finds a declaration of
compliance is in violation of § 107.5(a);
or
(iii) The Administrator determines
an emergency exists related to safety
in accordance with the authority in 49
U.S.C. 46105.
(3) If a safety issue identified under
paragraph (c) of this section has not
been resolved, the FAA may rescind
the declaration of compliance as fol-
lows:
(i) The FAA will issue a notice pro-
posing to rescind the declaration of
compliance. The notice will set forth
the Agency’s basis for the proposed re-
scission and provide the holder of the
declaration of compliance with 30 cal-
endar days from the date of issuance of
the proposed notice to submit evi-
dentiary information to refute the pro-
posed notice.
(ii) The holder of the declaration of
compliance must submit information
demonstrating how the small un-
manned aircraft meets the require-
ments of this subpart within 30 cal-
endar days from the date of issuance of
the proposed notice.
(iii) If the FAA does not receive the
information required by paragraph
(d)(3)(ii) of this section within 30 cal-
endar days from the date of the
issuance of the proposed notice, the
FAA will issue a notice rescinding the
declaration of compliance.
(4) If the Administrator determines
that an emergency exists in accordance
with paragraph (d)(2)(iii) of this sec-
tion, the FAA will exercise its author-
ity under 49 U.S.C. 46105(c) to issue an
order rescinding a declaration of com-
pliance without initiating the process
in paragraph (d)(3) of this section.
(e)
Petition to reconsider the rescission
of a declaration of compliance. A person
subject to an order of rescission under
paragraph (d)(3) of this section may pe-
tition the FAA to reconsider the rescis-
sion of a declaration of compliance by
submitting a request to the FAA in a
manner specified by the Administrator
within 60 days of the date of issuance
of the rescission.
(1) A petition to reconsider the re-
scission of a declaration of compliance
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14 CFR Ch. I (1–1–24 Edition)
§ 107.165
must demonstrate at least one of the
following:
(i) 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;
(ii) The FAA made a material factual
error in the decision to rescind the dec-
laration of compliance; or
(iii) The FAA did not correctly inter-
pret a law, regulation, or precedent.
(2) Upon consideration of the infor-
mation submitted under paragraph
(e)(1) of this section, the FAA will issue
a notice either affirming the rescission
or withdrawing the rescission.
(f)
Inapplicability of part 13, subpart D,
of this chapter. Part 13, subpart D, of
this chapter does not apply to the pro-
cedures of paragraphs (d) and (e) of this
section.
§ 107.165
Record retention.
(a) A person who submits a declara-
tion of compliance under this subpart
must retain and make available to the
Administrator, upon request, the infor-
mation described in paragraph (a)(1) of
this section for the period of time de-
scribed in paragraph (a)(2) of this sec-
tion.
(1) All supporting information used
to demonstrate the small unmanned
aircraft meets the requirements of
§§ 107.120(a), for operations in Category
2, and 107.130(a), for operations in Cat-
egory 3.
(2) The following time periods apply:
(i) If the person who submits a dec-
laration of compliance produces a
small unmanned aircraft, that person
must retain the information described
in paragraph (a)(1) of this section for
two years after the cessation of produc-
tion of the small unmanned aircraft
system for which the person declared
compliance.
(ii) If the person who submits a dec-
laration of compliance designs or modi-
fies a small unmanned aircraft, that
person must retain the information de-
scribed in paragraph (a)(1) of this sec-
tion for two years after the person sub-
mitted the declaration of compliance.
(b) A person who submits a means of
compliance under this subpart must re-
tain and make available to the Admin-
istrator, upon request, and for as long
as the means of compliance remains
accepted, the detailed description of
the means of compliance and justifica-
tion showing how the means of compli-
ance meets the requirements of
§§ 107.120(a), for operations in Category
2, and 107.130(a), for operations in Cat-
egory 3.
Subpart E—Waivers
§ 107.200
Waiver policy and require-
ments.
(a) The Administrator may issue a
certificate of waiver authorizing a de-
viation from any regulation specified
in § 107.205 if the Administrator finds
that a proposed small UAS operation
can safely be conducted under the
terms of that certificate of waiver.
(b) A request for a certificate of waiv-
er must contain a complete description
of the proposed operation and justifica-
tion that establishes that the oper-
ation can safely be conducted under
the terms of a certificate of waiver.
(c) The Administrator may prescribe
additional limitations that the Admin-
istrator considers necessary.
(d) A person who receives a certifi-
cate of waiver issued under this sec-
tion:
(1) May deviate from the regulations
of this part to the extent specified in
the certificate of waiver; and
(2) Must comply with any conditions
or limitations that are specified in the
certificate of waiver.
§ 107.205
List of regulations subject to
waiver.
A certificate of waiver issued pursu-
ant to § 107.200 may authorize a devi-
ation from the following regulations of
this part:
(a) Section 107.25—Operation from a
moving vehicle or aircraft. However, no
waiver of this provision will be issued
to allow the carriage of property of an-
other by aircraft for compensation or
hire.
(b) Section 107.29(a)(2) and (b)—Anti-
collision light required for operations
at night and during periods of civil twi-
light.
(c) Section 107.31—Visual line of sight
aircraft operation. However, no waiver
of this provision will be issued to allow
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