7-1 CHAPTER 7. SMALL UAS MAINTENANCE AND INSPECTION
7.1 Applicability. Section 107.15 requires the remote PIC to perform checks of the small unmanned aircraft prior to each flight to determine whether the small UAS is in a condition for safe operation. This chapter provides guidance on how to inspect and maintain a small UAS. Additionally, Appendix C, Small UAS Maintenance and Inspection Best Practices, contains expanded information and best practices for small UAS maintenance and inspection.
7.2 Maintenance. Small UAS maintenance includes scheduled and unscheduled overhaul, repair, inspection, modification, replacement, and system software upgrades of the small UAS and its components necessary for flight. Whenever possible, the operator should maintain the small UAS and its components in accordance with manufacturer’s instructions. The aircraft manufacturer may provide the maintenance program, or, if one is not provided, the applicant may choose to develop one. See paragraph 7.3.5 for suggested benefits of recordkeeping. (See paragraph 8.3.7.4 for Category 4 maintenance requirements. See paragraph 8.3.7.4.1 for Category 4 record retention requirements and owner and operator responsibilities.)
7.2.1 S cheduled Maintenance . The small UAS manufacturer may provide documentation for scheduled maintenance of the entire small unmanned aircraft and associated system equipment. The manufacturer may identify components of the small UAS that should undergo scheduled periodic maintenance or replacement based on time-in-service limits (such as flight hours, cycles, and/or the calendar-days). Operators should adhere to the manufacturer’s recommended schedule for such maintenance, in the interest of achieving the longest and safest service life of the small UAS.
7.2.1.1 If the small UAS manufacturer or component manufacturer does not provide scheduled maintenance instructions, the operator should establish a scheduled maintenance protocol. Such protocol could entail documenting any repair, modification, overhaul, or replacement of a system component resulting from normal flight operations, and recording the time-in-service for that component at the time of the maintenance procedure. Over time, the operator should then be able to establish a reliable maintenance schedule for the small UAS and its components.
7.2.2 Unscheduled Maintenance. During the course of a preflight inspection, the remote PIC may discover a small UAS component is in need of servicing (such as lubrication), repair, modification, overhaul, or replacement outside of the scheduled maintenance period as a result of normal flight operations or resulting from a mishap. In addition, the small UAS manufacturer or component manufacturer may require an unscheduled system software update to correct a problem. In the event such a condition is found, flight operations should not occur until the issue is corrected.
7.2.3 P erforming Maintenance . In some instances, the small UAS or component manufacturer may require completion of certain maintenance tasks by the manufacturer or by a person or facility (personnel) the manufacturer specifies. Maintenance should occur in
7-2 accordance with the manufacturer’s instructions. However, if the operator declines to use the manufacturer or personnel the manufacturer recommends are unable to perform the required maintenance, the operator should consider the expertise of maintenance personnel familiar with the specific small UAS and its components.
7.2.3.1 If the operator or other maintenance personnel are unable to repair, modify, or overhaul a small UAS or component back to its safe operational specification, the operator should replace the small UAS or component with one that is in a condition for safe operation. All required maintenance should be completed before each flight, and preferably in accordance with the manufacturer’s instructions or, in lieu of that, within known industry best practices.
7.3 Preflight Inspection. Pursuant to the requirements of § 107.49, in addition to assessing the intended area of operation and planning the operation as described above in paragraph 5.10, the remote PIC must inspect the small UAS to ensure that it is in a condition for safe operation prior to each flight. This inspection includes examining the small UAS for equipment damage or malfunction(s). This preflight inspection should be conducted in accordance with the small UAS manufacturer’s inspection procedures when available (usually found in the manufacturer’s owner or maintenance manual) and/or an inspection procedure developed by the small UAS owner or operator.
7.3.1 Creating an Inspection Program. A s an option, small UAS owners or operators may wish to create an inspection program for their small UAS. The person creating such an inspection program may find sufficient details to assist in the development of a suitable inspection program tailored to a specific small UAS in a variety of industry programs.
7.3.2 Scalable Preflight Inspection. T he preflight check as part of the inspection program should include an appropriate small UAS preflight inspection that is scalable to the small UAS, program, and operation that the remote PIC performs prior to each flight. An appropriate preflight inspection should encompass the entire system in order to determine a continued condition for safe operation prior to flight.
7.3.3 Title 14 CFR Part 43 Appendix D Guidelines. Another option and best pract ice may include opting to comply with the portions of part 43 appendix D. Although part 43 appendix D is technically a maintenance inspection checklist and not a preflight inspection checklist, it provides a logical and systematic approach to performing an inspection by dividing the aircraft into subgroups. It details inspection of the airframe, then the flight controls, then the batteries, then the engine, etc. Unlike manned aircraft that require significant disassembly, most small UAS inspection items are visible without necessitating the need for disassembly. In the absence of a manufacturer’s instructions, an operator may use part 43 appendix D as a guide to develop their own inspection program, but it is not comprehensive, as it does not address unique UAS features like datalinks or support equipment. An operator would need to identify those items not covered and include them in their inspection program.
7.3.4 Preflight Inspection Items. Even if the small UAS manufacturer has a written preflight inspection procedure, the FAA recommends the remote PIC ensure the following
7-3 inspection items be incorporated into the remote PIC’s preflight inspection procedure.
Such a practice will ensure the remote PIC accurately determines that the small UAS is in a condition for safe operation. The preflight inspection should include a visual or functional check of the following items.
1. Visual condition inspection of the small UAS components;
2. Airframe structure (including undercarriage), all flight control surfaces, and linkages;
3. Registration markings, for proper display and legibility (part 48, § 48.205);
4. Moveable control surface(s), including airframe attachment point(s);
5. Servo motor(s), including attachment point(s);
6. Propulsion system, including powerplant(s), propeller(s), rotor(s), ducted fan(s), etc.;
7. Check fuel for correct type and quantity;
8. Check that any equipment, such as a camera, is securely attached;
9. Check that control link connectivity is established between the aircraft and the CS;
10. Verify communication with small unmanned aircraft and that the small UAS has acquired GPS location from the minimum number of satellites specified by the manufacturer;
11. Verify all systems (e.g., aircraft and control unit) have an adequate power supply for the intended operation and are functioning properly;
12. Verify correct indications from avionics, including control link transceiver, communication/navigation equipment, and antenna(s);
13. Display panel, if used, is functioning properly;
14. Check ground support equipment, including takeoff and landing systems, for proper operation;
15. Verify adequate communication between CS and small unmanned aircraft exists;
check to ensure the small UAS has acquired GPS location from the minimum number of satellites specified by the manufacturer;
16. Check for correct movement of control surfaces using the CS;
17. Check flight termination system, if applicable;
18. Check that the anti-collision light is functioning (if operating during civil twilight and night);
19. Calibrate small UAS compass prior to any flight;
20. Verify controller operation for heading and altitude;
21. Start the small UAS propellers to inspect for any imbalance or irregular operation;
22. At a controlled low altitude, fly within range of any interference and recheck all controls and stability; and
23. Check battery levels for the aircraft and CS.
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7.3.5 Benefits of Recordkeeping. Small UAS owners and operators may find recordkeeping to be beneficial. This may be done by documenting any repair, modification, overhaul, or replacement of a system component resulting from normal flight operations, and recording the time-in-service for that component at the time of the maintenance procedure. The operator would then be able to establish a reliable maintenance schedule for the small UAS and its components. The use of hardcopy and/or electronic logbook format for recordkeeping, inclusive of all periodic inspections, maintenance, preventative maintenance, repairs, and alterations performed on the small UAS, is useful in documenting the history of the small UAS. Recordkeeping would include all components of the small UAS, including: small unmanned aircraft, CS, launch and recovery equipment, Command and Control (C2) link equipment, payload, and any other components required to safely operate the small UAS. Recordkeeping of documented maintenance and inspection events reinforces owner/operator responsibility through a systematic means to determine that the small UAS is in a condition for safe flight.
Maintenance and inspection recordkeeping provides retrievable evidence of vital safety assessment data defining the condition of safety-critical systems and components supporting the decision to launch. For operators that rapidly accumulate flight operational hours/cycles, recordkeeping of a small UAS may provide an essential safety support.
Methodical maintenance and inspection data collection can prove to be very helpful in the tracking of small UAS component service life, as well as systemic component, equipage, and structural failure events.
8-1 CHAPTER 8. SMALL UNMANNED AIRCRAFT OVER PEOPLE
8.1 Applicability. This chapter provides guidance concerning small unmanned aircraft eligibility requirements and remote pilot responsibilities for small unmanned aircraft operations over people.
8.2 Category of Operations. Part 107 establishes four categories of permissible operations over people. Category 1 is limited to a maximum weight of 0.55 pounds, including everything that is on board or otherwise attached to the aircraft at the time of takeoff and throughout the duration of each operation. In addition, the small unmanned aircraft must not contain any exposed rotating parts that would lacerate human skin upon impact with a human being. Category 2 or 3 operations may only be conducted with small unmanned aircraft that fulfill performance-based safety requirements, which limit the risk and severity of injuries based on potential hazards. Category 4 allows small unmanned aircraft issued an airworthiness certificate under 14 CFR part 21 to operate over people in accordance with part 107, so long as the operating limitations specified in the FAA-approved Flight Manual, or as otherwise specified by the Administrator, do not prohibit operations over people.
8.3 Operations Over People. Section 107.39 prohibits operations of a small unmanned aircraft over a person who is not under a safe cover, such as a protective structure or a stationary vehicle, unless the operation is conducted in accordance with one of the four categories listed in part 107 subpart D. A remote pilot may operate a small unmanned aircraft over a person who is directly participating in the operation of the small unmanned aircraft. Direct participants include the remote pilot in command (PIC), another person who may be manipulating the controls, a visual observer (VO), or crewmembers necessary for the safety of the small unmanned aircraft operation. A direct participant should be directly involved in the small unmanned aircraft flight operation. The remote pilot assigns and briefs the direct participants in preparation for the operation. The remote pilot may comply with the requirements prohibiting operation over people in several ways. For example:
• Selecting an operational location where there are no people and none are expected to be present for the duration of the operation. If the remote pilot selects a location where people are present, the remote pilot should have a plan of action to ensure human beings remain clear of the operating area. The remote pilot may be able to direct people to remain indoors or remain under safe cover until the small unmanned aircraft flight operation has ended. Safe cover is a structure or stationary vehicle that protects a person from harm if the small unmanned aircraft impacts that structure or vehicle.
• Maintaining a safe distance from people who are not directly participating in the operation of the small unmanned aircraft.
• Ensuring the small unmanned aircraft will not be operated over any moving vehicles.
Note: The remote pilot should consider risk mitigations, and needs to take into account the small unmanned aircraft’s course, speed, and trajectory, including the
8-2 possibility of a failure, to determine whether the small unmanned aircraft would go over or strike a person who is not directly participating in the flight operation.
8.3.1 Minimum Distances from a Person. P art 107 does not impose a specific stand-off distance requirement from people when operating a small unmanned aircraft. The remote pilot may elect to observe a minimum stand-off distance to ensure the safety of the operation. When determining an appropriate stand-off distance, the remote pilot should consider the following factors:
• The small unmanned aircraft’s performance, to include course, speed, trajector y, and maneuverability.
• Environmental conditions such as wind, including gusts, precipitation, and visibility.
• Operational area conditions such as the location and movement of people, vessels, or vehicles, as well as terrain features, including structures or any other item that could affect the operational area where the small unmanned aircraft is being maneuvered.
• Probable failures and the ability to perform emergency maneuvers, including emergency landings.
• The remote pilot’s familiarity with and ability to maneuver the small unmanned aircraft.
Note: When conducting the small unmanned aircraft operation, the remote pilot should evaluate and make adjustments to this minimum distance from people as conditions change.
8.3.2 Operations Over Open-A ir Assemblies of Persons. Remote pilots are prohibited from operating a small unmanned aircraft as a Category 1, 2, or 4 operation in sustained flight over open-air assemblies, unless the operation meets the requirements of § 89.110 or § 89.115(a). This prohibition is subject to waiver.
8.3.2.1 “Sustained flight” over an open-ai r assembly of persons in a Category 1, 2, or 4 operation does not include a brief, one-time transiting over a portion of the assembled gathering where the transit is merely incidental to a point-to-point operation unrelated to the assembly.
8.3.2.2 Category 3 operations are not allowed over an open-air assembly of persons.
8.3.3 Operations Over Moving Vehicles. Part 107 allows small unmanned aircraft operations over people inside moving vehicles with a small unmanned aircraft that meets the eligibility requirements for a Category 1, 2, 3, or 4 operation subject to one of the following conditions:
8.3.3.1 For Categories 1, 2, and 3 small unmanned aircraft, the operation must be conducted within or over a closed- or restricted-access site. Any person 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
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8.3.3.2 If the operation is not conducted within or over a closed- or restricted-access site, the small unmanned aircraft must not maintain sustained flight over any moving vehicle.
Note: Category 4 small unmanned aircraft may be eligible to operate over moving vehicles as long as the operating limitations specified in the FAA-approved Flight Manual, or as otherwise specified by the Administrator, do not prohibit such operation.
Table 8-1. Operations Over Moving Vehicles – Over or Within a Closed/Restricted Access Site OPERATIONS OVER MOVING VEHICLES – OVER OR WITHIN
CLOSED/RESTRICTED ACCESS SITE Category 1 Category 2 Category 3 Category 4 Directly Participating Allowed Allowed Allowed Allowed Not Directly Participating Must be on Notice Must be on Notice Must be on Notice *Operating Limitations * Category 4 eligible small unmanned aircraft may conduct operations over human beings and moving vehicles if not prohibited by the operating limitations specified in the FAA-approved Flight Manual or as otherwise prescribed by the Administrator.
Table 8-2. Operations Over Moving Vehicles – Not Over or Within a Closed/Restricted Access Site OPERATIONS OVER MOVING VEHICLES – NOT OVER OR WITHIN
CLOSED/RESTRICTED ACCESS SITE Category 1 Category 2 Category 3 Category 4 Directly Participating Allowed Allowed Allowed Allowed Not Directly Participating Transit Only, No Sustained Flight Transit Only, No Sustained Flight Transit Only, No Sustained Flight *Operating Limitations * Category 4 eligible small unmanned aircraft may conduct operations over human beings and moving vehicles if not prohibited by the operating limitations specified in the FAA-approved Flight Manual or as otherwise prescribed by the Administrator.
8.3.4 Category 1 Operations. Part 107 establishes a category of operations over people using small unmanned aircraft that weigh 0.55 pounds (250 grams) or less on takeoff and throughout the duration of flight, including everything that is on board or otherwise attached to the aircraft. In addition to weight limits, Category 1 small unmanned aircraft must not contain any exposed rotating parts that would lacerate human skin upon impact.
Remote pilots are prohibited from operating as a Category 1 operation in sustained flight
8-4 over open-air assemblies unless the operation meets the requirements of § 89.110 or § 89.115(a). This prohibition is subject to waiver.
8.3.4.1 The remote pilot is responsible for determining that the small unmanned aircraft does not exceed the weight threshold and must ensure that the small unmanned aircraft does not contain any exposed rotating parts that would lacerate human skin. These requirements are in addition to the already existing pilot requirements of part 107, such as the preflight responsibilities listed in § 107.49 (see paragraph 8.11.1).
8.3.4.2 There are no applicant requirements for Category 1.
8.3.5 Category 2 Opera tions. To conduct Category 2 operations over people, the small unmanned aircraft must meet the requirements of § 107.120. To confirm such eligibility, the small unmanned aircraft must be listed on an FAA-accepted declaration of compliance (DOC).
8.3.5.1 It is the remote pilot’s responsibility to ensure that the small unmanned aircraft is listed on an FAA-accepted DOC as eligible for Category 2 operations and labeled as eligible to conduct Category 2 operations. A remote pilot can accomplish these things by checking the FAA’s DOC Portal at https://uasdoc.faa.gov to see if the DOC i s valid and by visually inspecting the aircraft to ensure a label identifying the aircraft as Category 2 is affixed to the aircraft. These requirements are in addition to the already existing pilot requirements of part 107, such as the preflight responsibilities listed in § 107.49.
8.3.5.2 Addi tionally, the small unmanned aircraft must display a label indicating eligibility to conduct Category 2 operations; have current remote pilot operating instructions that apply to the operation of the small unmanned aircraft, which are described below in paragraph 8.12; and be subject to a product support and notification process. (The applicant must submit the DOC containing specific information to affirm that the aircraft meets the safety requirements through an FAA-accepted means of compliance (MOC). See paragraph 8.9 for a detailed description of the DOC and the process for submitting the DOC.)
8.3.5.3 Re mote pilots are prohibited from operating as a Category 2 operation in sustained flight over open-air assemblies unless the operation meets the requirements of § 89.110 or § 89.115(a). This prohibition is subject to waiver.
8.3.6 Category 3 Operations. To conduct Category 3 operations over people, a small unmanned aircraft must meet the safety requirements of § 107.130. To confirm such eligibility, the small unmanned aircraft must be listed on an FAA-accepted DOC.
8.3.6.1 It is the remote pilot’s responsibility to ensure the small unmanned aircraft is listed on an FAA-accepted DOC and labeled as eligible to conduct Category 3 operations. A remote pilot can accomplish these things by checking online at
8-5 https://uasdoc.faa.gov to see if the DOC is valid and by visually inspecting the aircraft to ensure a label identifying the aircraft as Category 3 is affixed to the aircraft. These requirements are in addition to the already existing pilot requirements of part 107, such as the preflight responsibilities listed in § 107.49.
8.3.6.2 Additionally, the small unmanned aircraft must display a label identifying eligibility to conduct Category 3 operations; have current remote pilot operating instructions that apply to the operation of the small unmanned aircraft, which are described below in paragraph 8.12; and be subject to a product support and notification process. (The applicant must submit the DOC containing specific information to affirm that the aircraft meets the safety requirements through an FAA-accepted MOC. See paragraph 8.9 for a detailed description of the DOC and the process for submitting the DOC.)
8.3.6.3 Location Requirements and Restrictions. Category 3 operations are allowed under the following conditions:
• The operation is conducted over a closed- or restricted-access site and everyone located within the site must be on notice that a small unmanned aircraft may fly over them.
• The operation is not conducted within a closed- or restricted-access site, and the small unmanned aircraft does not sustain flight over any person unless that person is directly participating in the operation or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
8.3.6.4 No Operations Over Open-Air Assemblies of People. Category 3 operations are not allowed over an open-air assembly of persons. While the FAA does not define open-air assembly by regulation, it employs a case-by-case approach in determining how to apply the term. Open-air assembly has to do with the density of people who are not directly participating in the operation of the small unmanned aircraft and the size of the operational area. An open-air assembly is generally understood as dense gatherings of people in the open, usually associated with concert venues, sporting events, parks, and beaches during certain events. Such assemblies are usually associated with public spaces. The FAA considers that some potential examples of open-air assemblies may include sporting events, concerts, parades, protests, political rallies, community festivals, or parks and beaches during certain events. Some potential examples that are less likely to be considered open-air assemblies include individual persons or families exiting a shopping center, persons participating in casual sports in an open area without spectators, individuals or small groups taking leisure in a park or on a beach, or individuals walking or riding a bike along a bike path. Whether an open-air assembly exists depends on a case-by-case determination based on the facts and circumstances of each
8-6 case. The remote pilot must assess whether the operational area would be considered an open-air assembly prior to conducting flight operations.
8.3.6.5 Modifications. The remote pilot operating instructions may contain details concerning allowable modifications of the small unmanned aircraft.
Modifications not allowed by the remote pilot operating instructions may render the small unmanned aircraft ineligible for operations over people. Such modifications would require submission of a new DOC. Additionally, the small unmanned aircraft may need to be relabeled to reflect the category of operations it is eligible to conduct. In the case of the sale or transfer of the small unmanned aircraft, or use of the aircraft by someone other than the applicant, the applicant must provide remote pilot operating instructions that reflect the aircraft’s eligible category and acceptable modifications. Therefore, the FAA encourages manufacturers of small unmanned aircraft to keep track of modifications that would require an update to the remote pilot operating instructions.
8.3.6.6 Closed- or Restricted-Access Sites. Category 3 operations may take place over or within closed- or restricted-access sites where everyone located within the site must be on notice that a small unmanned aircraft may fly over them, as long as the operational area is not considered an open-air assembly. People who are not directly participating in the operation of the small unmanned aircraft but who are performing functions at the closed- or restricted-access site must be on notice of potential small unmanned aircraft operations, and should be advised of precautions or other recommended actions to take, if necessary. Remote pilots are responsible for ensuring no inadvertent or unauthorized access to the site occur. Adequate assurance could include physical barriers such as barricading and fencing or monitoring personnel to ensure inadvertent or unauthorized access to the site does not occur.
Geographical boundaries, such as rivers, canals, cliffs, and heavily wooded areas may serve as effective barriers to restrict access.
8.3.6.7 No Sustained Flight Over People. In addition to closed- or restricted-access sites, Category 3 operations may take place outside of a closed- or restricted-access site as long as the small unmanned aircraft does not sustain flight over people not participating in the operation of the small unmanned aircraft. This allows the remote pilot to operate over people, but only for a brief period. The intent of the requirement is momentary exposure, without sustained exposure over one or more persons. Sustained flight includes hovering above any person’s head, flying back and forth over a person, or circling above an uninvolved person in such a way that the small unmanned aircraft remains above some part of that person. The remote pilot should adjust the flightpath of the small unmanned aircraft to ensure minimal exposure of the aircraft over people, and may need to discontinue the operation if the flightpaths would require sustained flight over people.
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8.3.7 Category 4 Operations. Certification is how the FAA manages risk through safety assurance. It provides the FAA confidence that a proposed product or operation will meet FAA safety expectations to protect the public. Eligible Category 4 small unmanned aircraft must have an airworthiness certificate issued by the FAA under part 21 and must be operated in accordance with the operating limitations specified in the FAA-approved Flight Manual or as otherwise specified by the Administrator. The airworthiness certificate allows small unmanned aircraft operations for compensation and hire.
8.3.7.1 The remote pilot conducting Category 4 operations over people must use an eligible small unmanned aircraft. To operate over people in accordance with § 107.140 and over moving vehicles in accordance with § 107.145(c), the remote pilot must operate the small unmanned aircraft in accordance with all operating limitations that apply to the small unmanned aircraft, as specified by the Administrator. These operating limitations must not prohibit operations over people.
8.3.7.2 Remote pilots are prohibited from operating as a Category 4 operation in sustained flight over open-air assemblies unless the operation meets the requirements of § 89.110 or § 89.115(a). This prohibition is subject to waiver.
8.3.7.3 Category 4 Maintenance. In order to preserve the continued airworthiness of the small unmanned aircraft and continue to meet a level of reliability that the FAA finds acceptable for flying over people in accordance with Category 4, the requirements of § 107.140(c) apply. Eligible Category 4 small unmanned aircraft must have maintenance, preventive maintenance, or alterations performed in a manner using the methods, techniques, and practices prescribed in the manufacturer’s current maintenance manual or instructions for continued airworthiness (ICA) prepared by its manufacturer, or other methods, techniques, and practices acceptable to the Administrator.
Additionally, Category 4 small unmanned aircraft must be inspected in accordance with the manufacturer’s instructions or other instructions acceptable to the Administrator and have maintenance, preventive maintenance, or alterations performed using parts of such a quality that the condition of the aircraft will be at least equal to its original or properly altered condition.
8.3.7.3.1 The person performing any maintenance, preventive maintenance, or alterations must use the methods, techniques, and practices prescribed in the manufacturer’s current maintenance manual or ICA that are acceptable to the Administrator, or other methods, techniques, and practices acceptable to the Administrator. The person who inspects the small unmanned aircraft must do so in accordance with the manufacturer’s instructions or other instructions acceptable to the Administrator. Additionally, the person must have the knowledge, skill, and appropriate equipment to perform the work. The person performing the maintenance, preventive maintenance, or alterations must use parts of such a quality that the condition of the aircraft will be at least equal to its original or properly altered condition.
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8.3.7.3.2 The owner or operator must maintain records of maintenance performed on the aircraft as well as records documenting the status of life-limited parts, compliance with Airworthiness Directives (AD), and inspection compliance of the small unmanned aircraft. Owner and operator responsibilities are discussed in paragraph 8.3.7.4.1.
8.3.7.4 Applicability of Maintenance and Record Retention Requirements. When a remote pilot operates a small unmanned aircraft in accordance with part 107, having an FAA-issued airworthiness certificate under part 21, the requirements of parts 43 and 91 do not apply. However, a small unmanned aircraft issued an airworthiness certificate may be eligible to operate under part 91, under certain circumstances. Part 107 contains necessary updates to the regulatory text to reflect the applicability of operating rules. Category 4 does not prescribe as many maintenance and record retention requirements as are required by parts 43 and 91, respectively. Therefore, it may be difficult for an owner or operator to switch between operating rules. A small unmanned aircraft operated and maintained in accordance with part 107 may find it difficult to show compliance with the requirements of part 43 and 91. To address this concern, an owner or operator can elect to comply with the relevant parts 43 and 91 requirements, even while operating in accordance with part 107. Under these circumstances, electing to comply with the relevant parts 43 and 91 requirements may help facilitate moving back and forth between operational parts, if desired, because the requirements of parts 43 and 91 are more stringent than those of § 107.140 with regard to maintenance and airworthiness.
8.3.7.4.1 Consistent with other regulatory frameworks, such as parts 91 and 135, the owner is responsible for maintaining the small unmanned aircraft in accordance with the requirements of § 107.140(c). However, if the owner enters into an agreement with another entity to operate the small unmanned aircraft, the operator is responsible for the maintenance and records retention requirements for small unmanned aircraft operated in accordance with Category 4 under part 107. The FAA expects most operators of Category 4 small unmanned aircraft operating under part 107 will also be the owner, or operating under direction of the owner. In this case, the owner is responsible for compliance with the Category 4 small unmanned aircraft maintenance and records retention requirements. To maintain flexibility for those owners of Category 4 small unmanned aircraft who wish to enter into an agreement with another entity for the operation of their small unmanned aircraft without the owner’s intervention or control, § 107.140(c) provides the means for the responsibility of maintenance requirements and retention of records to be clearly defined in such an agreement. If so specified in the agreement, the FAA would hold the operator responsible for compliance with the Category 4 small unmanned aircraft maintenance and records retention requirements. An agreement between an owner and an operator may be in the form of a written lease or contract, verbal agreement, or other agreement. If any agreement is found invalid or unenforceable, then the owner has the responsibility to meet