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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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