8-25 required to grant access to the information. The FAA expects the holder of an accepted DOC to ensure the following:
• The validity of the MOC to ensure that any injury to a human being upon impact with small unmanned aircraft that is the subject of the DOC does not exceed established safety requirements;
• That the construction of the small unmanned aircraft, related safety analysis, and service history do not reveal the existence of any hazardous conditions or safety defects that could result in noncompliance with the safety requirements; and
• Monitor its manufacturing processes, operational usage, and accident and incident data to ensure the small unmanned aircraft continues to comply with the applicable performance-based safety requirements. This monitoring may also take the form of information received from owners and operators of the small unmanned aircraft.
8.10.1 S afety Defects. The FAA requires holders of an FAA-accepted DOC to comply with this rule by correcting safety defects that would cause a small unmanned aircraft to no longer meet the safety requirements for Categories 2 and 3 operations over people. Any defects identified after the DOC has been accepted must be resolved. If the unresolved safety defect results in the FAA rescinding the DOC, the person correcting the safety issue must submit a new DOC prior to being eligible to resume operations over people.
Alternatively, if the holder of the DOC does not correct the safety issue, the owner or operator of the aircraft could correct the safety issue and submit a new DOC, if they are capable and willing to satisfy all eligibility requirements of the DOC. Holders of an FAA-accepted DOC are required to establish and maintain a product support and notification process and provide remote pilot operating instructions for the respective small unmanned aircraft.
8.10.1.1 S afety defects may be identified through a variety of means. The safety defects may be identified through owner complaints, industry safety bulletins, or an individual manufacturer’s notification. If the safety defect has been identified by the FAA, we will notify the holder of the FAA-accepted DOC of the defect. The holder will have an opportunity to respond by either correcting the defect or demonstrating the small unmanned aircraft meets the safety requirements. Any rescission of a DOC will be made available on the FAA website. These actions serve to notify remote pilots that the identified aircraft is no longer eligible to conduct operations over people. The rescission of a DOC does not render a small unmanned aircraft inoperable, but rather unsafe and ineligible for operations over people.
8.10.2 O wner and FAA Notification Process . An applicant who seeks FAA acceptance of a DOC will declare on its DOC that it has a process in place to notify owners, the public, and the FAA of any defect of condition that causes the small unmanned aircraft to no longer meet the requirements of the subpart or that it contains any safety defects.
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8.10.2.1 If, after submitting and receiving FAA acceptance of a DOC for a particular small unmanned aircraft, the applicant determines that the small unmanned aircraft no longer meets the safety requirements for the category declared, the person must notify the public and the FAA. The notification to the public and owners of the small unmanned aircraft should state that the small unmanned aircraft is not eligible for operations over people until the safety defect has been corrected. The notification to the FAA will describe the nature of the noncompliance and how the applicant will address it. If an applicant chooses to correct the safety defect and submits a new DOC that is reviewed and accepted by the FAA, the applicant should notify the public and owners of that make/model that the small unmanned aircraft is again eligible for operations over people in the respective category or categories.
8.10.2.2 Notification to the public could take several forms, as described in paragraph 8.10.2.1 above. The notice should advise remote pilots that the small unmanned aircraft is no longer eligible to operate over people pursuant to one or more of the specified categories. The FAA expects holders of an FAA-accepted DOC to exercise due diligence to ensure the intended audience receives the communications involving potential unsafe conditions.
Applicants should design and utilize a system that facilitates communication with the owners of the small unmanned aircraft. It is important for owners and operators of small unmanned aircraft to be advised that their aircraft may have a safety defect.
8.10.2.3 A holder of an FAA-accepted DOC must notify the FAA of any safety issues it identifies. Although the FAA could use sources other than reports to identify potentially hazardous products, reporting can provide the most timely and effective source of information about small unmanned aircraft.
Manufacturers of small unmanned aircraft eligible to conduct operations over people should develop a system for maintaining and reviewing information about their products that might identify when their product has a safety issue that may result in noncompliance for operations over people. This information includes, but is not limited to, consumer complaints, warranty returns, insurance claims or payments, product liability lawsuits, reports of production problems, product testing, or other critical analyses of products. Reporting a safety issue to the FAA would not automatically mean that the FAA would determine that the small unmanned aircraft is no longer eligible to operate over people, or that corrective action is necessary. The FAA would evaluate the report and work with holders of an FAA-accepted DOC to determine if corrective action is appropriate. Holders of an FAA-accepted DOC may notify the FAA of safety issues through the FAA website.
8.10.2.4 As part of the notification to the FAA, the holder of the DOC should include information regarding the nature of the safety issue, and how the manufacturer, the remote pilot, or another party will correct the issue. Once the safety issue is corrected, the applicant will submit a DOC to the FAA for acceptance. Once the DOC has been accepted, the remote pilot may operate
8-27 that small unmanned aircraft over people in the category or categories for which compliance was declared. If the holder is unable or unwilling to address the safety issue, the FAA may begin the rescission process as described in paragraph 8.9.5. This safety issue may not necessarily render the small unmanned aircraft incapable of operation under part 107; rather, it would only necessarily render the small unmanned aircraft ineligible to conduct Category 2 or 3 operations over people without a waiver, exemption, or corrective action provided by an applicant and accepted by the FAA.
8.10.2.5 If a holder of an FAA-accepted DOC identifies a corrective action to address the safety issue, the holder will provide information to the owners and operators and the FAA regarding how the safety issue may be resolved. If the person implements the corrective action to resolve the safety issue, they must use an FAA-accepted MOC to demonstrate the small unmanned aircraft satisfies the safety requirements to conduct Category 2 or 3 operations over people.
8.10.3 Declaring Compliance for Multiple Small Unmanned Aircraft with the Same Make, Model, and Series (If Applicable). The FAA encourages manufacturers to establish and maintain a production quality system or design configuration control system to provide for consistent repeatability of the small unmanned aircraft as identified on the DOC. A system may provide increased confidence that each small unmanned aircraft meets the safety requirements for the category of operation for which the applicant has declared compliance. With a system, an applicant can avoid testing every unit that it manufactures.
8.10.3.1 The FAA may request access to facilities for validation of compliance with applicable industry consensus standards and FAA regulations, as necessary.
As part of the DOC, the applicant who submits the DOC for FAA acceptance agrees to allow unrestricted access to its facilities upon request by the FAA.
8.10.3.2 It is the responsibility of the remote pilot to ensure a small unmanned aircraft is eligible for operations over people for the category declared before conducting such operations. Before conducting operations over people, the remote pilot must determine whether the aircraft is listed on an FAA-accepted DOC appropriate to the category of operations for the intended flight. The remote pilot may accomplish this by visiting the FAA’s website.
8.10.3.3 The FAA will maintain a website listing eligible small unmanned aircraft by make, model, series (if applicable), and category declared that are eligible for operations over people. This FAA website will also indicate those small unmanned aircraft by make, model, series (if applicable), and category that have been found to be in noncompliance with the regulatory requirements through the DOC rescission process. The FAA will publish the final rescission on the FAA website and specify the category of small unmanned aircraft that have been rescinded. If the FAA rescinds a DOC as a result of an unresolved safety issue, the FAA will allow an applicant to petition for reconsideration of
8-28 the decision or modify the small unmanned aircraft to resolve the safety issue.
The applicant could then submit a new DOC that the FAA may accept.
8.10.3.4 The person who holds an FAA-accepted DOC can notify the FAA electronically of a safety issue with the small unmanned aircraft on the FAA’s website. When the FAA receives such notification, the FAA will document receipt and may inform the public. The FAA may provide applicant-included information regarding the nature of the safety issue and any other information the applicant provides relating to the safety issue.
8.10.3.5 As part of the notification, the person holding the FAA-accepted DOC should include information regarding the nature of the safety issue and how the safety issue may be corrected. If the person has not determined a corrective action to address the safety issue, the person should advise the public of the nature of the safety issue and a plan for correcting the safety issue. The holder of the FAA-accepted DOC may advise aircraft owners whether operation over people should be continued with their aircraft due to the nature of the safety issue.
8.10.3.6 If the person who holds an FAA-accepted DOC determines a means to correct the safety issue, that person could provide the corrective action information to the owners and operators through their product support and notification system of how the safety issue can be addressed. The FAA will work with the holder of the DOC to determine if the corrective action is acceptable. After the person addresses the safety issue, they must conduct the tests, analysis, or inspections necessary to satisfy the performance-based safety requirements through an FAA-accepted MOC, verify there are no safety defects, and submit a new DOC. When the FAA receives and accepts the new DOC, the FAA-accepted DOC will be provided on the FAA’s website.
8.10.4 R ecordkeeping Requirements . The FAA requires small unmanned aircraft records related to DOCs be maintained for a minimum of 2 years after the small unmanned aircraft has ceased being manufactured, or the applicant who designs or modifies a small unmanned aircraft must retain the records for 2 years after the applicant submitted the DOC. The detailed description of the MOC and justification showing how the MOC meets the safety requirements for Category 2 or 3, or both, must be retained for as long as the MOC remains accepted. In the event of a safety defect, or if the FAA initiated an enforcement action against an applicant, this information is critical to determine the cause, scope, and severity of the defect or noncompliance. A person submitting a DOC who modifies a small unmanned aircraft must retain all supporting information used to demonstrate the small unmanned aircraft meets the safety requirements of Category 2 or 3.
8.10.4.1 T he FAA will access the information described above in several situations.
For example, if the FAA becomes aware of a potential safety issue, the FAA will require all substantiating data to determine whether a safety issue exists.
The FAA would seek supporting data after any modifications have been made.
8-29 Note: For DOCs that are resubmitted, the same recordkeeping requirements will apply.
8.10.5 H olders of an FAA- Accepted DOC No Longer Supporting the Small Unmanned Aircraft Design. A DOC remains valid even in the case of discontinued models. Therefore, the small unmanned aircraft may still remain listed on the FAA website as eligible to operate over people in accordance with the original DOC. However, if an unsafe condition is identified, the FAA may rescind the DOC. Any applicant could submit a new DOC with design changes that rectify the unsafe condition, provided the requirements to submit a DOC in accordance with § 107.160 can be satisfied.
8.11 Pr oduct Labeling.
8.11.1 C ategory 1. The FAA does not require labeling of small unmanned aircraft eligible for Category 1 operations. Marking the retail packaging with the weight of the aircraft, or with a general statement that the aircraft weighs 0.55 pounds or less would be helpful to the consumer. The manufacturer may also provide information to assist the pilot in determining that the small unmanned aircraft does not have any exposed rotating parts that would lacerate human skin upon impact. This type of packaging would also serve to promote the aircraft to consumers wishing to buy a small unmanned aircraft that has minimal operating restrictions. The FAA expects applicants to provide this type of information on the packaging of a small unmanned aircraft for easy identification purposes; however, such packaging is not required. It is the responsibility of the remote pilot to ensure the small unmanned aircraft meets the applicable requirements. Before conducting Category 1 operations, the remote pilot must determine that the small unmanned aircraft weighs 0.55 pounds or less, including everything that is on board or otherwise attached to the aircraft at the time of takeoff and throughout the duration of each operation. Additionally, the remote pilot is responsible for determining the small unmanned aircraft does not contain any exposed rotating parts that would lacerate human skin upon impact.
8.11.2 Category 2 and Category 3. To be eligible for operations over people in accordance with Category 2 or Category 3, the small unmanned aircraft must display a label indicating the category or categories for which the small unmanned aircraft is eligible to conduct operations. Because operating limitations apply to operations under Category 3, the label on the small unmanned aircraft indicating eligibility for operations under Category 3 also serves to inform the remote pilot of the operating limitations that they are required to observe (§§ 107.120(b)(1) and 107.130(b)(1)).
8.11.2.1 T he FAA does not provide a prescriptive labeling requirement that specifies exactly how an applicant must label an aircraft, what size font to use, specific location, etc. Due to the large variety of small unmanned aircraft models that exist, a prescriptive requirement would be inappropriate. Instead, the FAA allows the small unmanned aircraft to be labeled by any means as long as the label is in English, legible, prominent, and permanently affixed to the aircraft before conducting any operations over people. For example, an applicant may use the following labels: “Category 2,” “Category 3,” “Cat. 2,” or “Cat. 3.”
8-30 The label could be painted, etched, or affixed to the aircraft by any permanent means. The label should be located externally, where it can easily be seen.
The FAA does not prescribe a specific location for label placement because of the design variations of small unmanned aircraft. In the case of very small unmanned aircraft, an applicant may need to exercise creativity in determining the location best suited to satisfying the labeling requirement. Locating a label on a non-critical surface will likely prevent wear and removal during normal operations.
8.11.2.2 If a Category 2 or Category 3 label affixed to a small unmanned aircraft is damaged, destroyed, or missing, a remote PIC 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 conducting operations over human beings. The label must correctly identify the category or categories of operation over human beings that the small unmanned aircraft is eligible to conduct.
8.11.2.3 In order to comply with labeling requirements, a remote pilot must ensure the small unmanned aircraft is properly labeled before conducting any operations over people. A clear and legible label enables a remote pilot, an inspector, or a member of the public to identify the types of operations a small unmanned aircraft is eligible to conduct. An aircraft without a clearly legible label would not be eligible to operate over people. If a label degrades and is no longer legible or attached to the aircraft, the remote pilot is responsible for providing a new label before operating over people. The labeling requirement applies regardless of whether a small unmanned aircraft is obtained directly from an applicant or as a subsequent transfer. No pilot may operate the small unmanned aircraft unless the pilot verifies that the label meets the requirements of §§ 107.120(b)(1) and 107.130(b)(1), as applicable. If the small unmanned aircraft was manufactured before the effective date of this rule, or the small unmanned aircraft was otherwise not labeled, the remote pilot is responsible for determining whether the small unmanned aircraft is listed on an FAA-accepted DOC. If the small unmanned aircraft is eligible to operate over people, the remote pilot is responsible for labeling the aircraft in accordance with § 107.135.
8.11.2.4 A label will need to be changed if a small unmanned aircraft is modified for operation in a different or additional category. If the small unmanned aircraft has been modified and is no longer eligible to operate in its previously labeled category, the label must identify the category the small unmanned aircraft is eligible to operate within. The person who performed the modification would have to remove or cover the previous label so only the label with the new eligible category is visible on the aircraft.
8.12 Remote Pilot Operating Instructions. The FAA requires applicants to provide remote pilot operating instructions for a small unmanned aircraft eligible to conduct Category 2 or Category 3 operations upon sale or transfer of the small unmanned aircraft, or use of
8-31 the small unmanned aircraft by someone other than the applicant. In addition, the applicant should keep the instructions up-to-date to account for any changes it makes to a small unmanned aircraft.
8.12.1 The remote pilot operating instructions must include, at a minimum, the following information:
1. General information, system description, and system limitations, including the category or categories of operations over people that the small unmanned aircraft is eligible to conduct. This information must describe whether the small unmanned aircraft must include a specific component on the aircraft in order to fulfill the performance-based safety requirements of Category 2 or Category 3, or both, for which the small unmanned aircraft applicant has declared compliance. For example, if an applicant has designed the small unmanned aircraft to have a parachute system or other device affixed to the aircraft and that component is provided separately, the remote pilot operating instructions must clearly identify the component that must be attached. Similarly, the remote pilot operating instructions must list components that are eligible or necessary for inclusion on the aircraft.
2. A statement describing allowable modifications to the small unmanned aircraft.
a. If modifications are allowed, the remote pilot operating instructions must include a complete description of modifications the applicant has determined do not change the eligibility for the category or categories of operations over people for which the small unmanned aircraft has been declared compliant. Such descriptions of modifications include descriptions of the small unmanned aircraft itself as well as any payload that any person may include on the aircraft.
b. Modifications the applicant describes in the remote pilot operating instructions must be consistent with the basis for the FAA’s acceptance of the DOC. Any person, however, who modifies a small unmanned aircraft in a way that will affect the eligibility of the small unmanned aircraft to operate over people under Category 2 or Category 3 is required to submit a new DOC for FAA acceptance before the small unmanned aircraft is eligible to operate over people.
3. A statement regarding whether the small unmanned aircraft has variable modes or configurations.
a. For a small unmanned aircraft that has such variable modes or configurations, the instructions must describe how a remote pilot can verify what mode or configuration the small unmanned aircraft is in and how to switch between modes or configurations. This information assists the remote pilot in verifying that the small unmanned aircraft is in the correct mode or configuration to conduct a certain category of operations over people.
b. Similarly, if a remote pilot chooses to operate in a different category of operations over people, or in a mode or configuration that is not permitted for operations over people but is permitted under part 107, that person must be able to discern the necessary information from the remote pilot operating instructions. The remote pilot should not be able to inadvertently change the mode or configuration.
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8.12.2 The remote pilot operating instructions must be specific to the particular small unmanned aircraft design. An applicant may update existing instructions to include the required information with the small unmanned aircraft, or the applicant may create a new set of instructions that are specific to operations over people.
8.12.2.1 The FAA does not require the applicant to provide the remote pilot operating instructions in a particular format. An applicant could choose to provide the operating instructions as part of the packaging of a small unmanned aircraft, make them available electronically, or by any other means. Regardless of the manner in which the applicant transmits the instructions to remote pilots, the applicant should ensure the instructions remain up-to-date. Remote PICs should be able to discern clearly the set of operating instructions that are in effect at the time of the intended operation of the small unmanned aircraft over people.
8.12.2.2 Information contained in the remote pilot operating instructions should provide enough detail to enable remote pilots to understand clearly how to configure the small unmanned aircraft to ensure compliance with applicable requirements for operating over people. This information informs the remote pilot and aids in decision making. While the remote pilot operating instructions can aid a remote pilot in operating safely, it is ultimately the responsibility of the remote PIC to determine the safe operational parameters for the operation. A description of each of the elements the FAA requires in remote pilot operating instructions follows.
8-33 Figure 8-2. Sample Remote Pilot Operating Instructions.
[Small Unmanned Aircraft Make and Model]
TABLE OF CONTENTS
INTRODUCTION
GENERAL INFORMATION
SYSTEM DESCRIPTION Category 2 Category 3
REQUIRED COMPONENTS
OPTIONAL COMPONENTS
INTRODUCTION The [small unmanned aircraft make and model] is a high performance aerial imaging aircraft that the FAA has determined is eligible to operate over people. The system comes fully assembled and includes the aircraft, touch screen ground station and 3-axis gimbal camera capable of 16 megapixel still photos and full HD 60 FPS videos. Operating the [small unmanned aircraft make and model], will enable you to capture remarkable photographs and video footage for a wide variety of applications.
GENERAL INFORMATION IMPORTANT: This small unmanned aircraft is eligible to conduct operations over people in Category 2 and Category 3 provided the remote pilot complies with the modification instructions. Any modification to the small unmanned aircraft not provided for in the remote pilot operating instructions may affect eligibility for operations over people. Please take the time to read this entire instruction manual for more information on operating safety and according to the Federal Aviation Regulations.
NOTE: Before any person may conduct operations of the [small unmanned aircraft make and model], you should create an account online with [manufacturer’s name], at [manufacturer’s website]. This will enable you to receive important updates regarding the small unmanned aircraft and its eligibility to operate over people, as well as updates, bulletins, instructional videos and more.
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SYSTEM DESCRIPTION Selection of the FLIGHT MODE The [small unmanned aircraft make and model] is programmed with three (3) flight modes. The flight mode can be selected via the Flight Mode Control Selection Switch located just above the left-hand control stick. IMPORTANT: Selection of the flight mode determines the category of operations that the [small unmanned aircraft make and model] may conduct over people. The following selection options are available:
Flight Mode G: Any operation not conducted over people.
Flight Mode 2: Any operation conducted in accordance with category 2 operations over people.
Flight Mode 3: Any operation conducted in accordance with category 3 operations over people.
REQUIRED COMPONENTS Category 2 Required Components
1) The [small unmanned aircraft make and model] Airframe
2) Transmitter and Ground Station
3) USB to Micro USB Cable
4) USB Interface/Programmer
5) 3400mAh 9.1V LiPo Battery
6) 9.1V LiPo Balance Connector Charge Lead
7) AC to DC Adapter/Power Supply
8) 16GB microSD Card w/Adapter
9) CAT 2 Rotor Blades & Guards Category 3 Required Components
1) The [small unmanned aircraft make and model] Airframe
2) Transmitter and Ground Station
3) USB to Micro USB Cable
4) USB Interface/Programmer
5) 5600mAh 11.1V LiPo Battery
6) 11.1V LiPo Balance Connector Charge Lead
7) AC to DC Adapter/Power Supply
8) 16GB microSD Card w/Adapter
9) CAT 3 Rotor Blades & Guards
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OPTIONAL COMPONENTS The [small unmanned aircraft make and model] is already equipped with a high-definition camera. If you intend to conduct operations over people in accordance with Category 2 or Category 3, you may replace the camera only with a pre-approved camera listed in the remote pilot operating instructions, which may be found on the [manufacturer’s] website. Additionally, for operations over people in accordance with Category 2 or Category 3, you may not affix any other payload to the [small unmanned aircraft make and model] unless it is listed in the remote pilot operating instructions, which may be found on the [manufacturer’s] website. Any permissible payload you affix to the small unmanned aircraft must be securely attached throughout the duration of all operations that occur in accordance with Category 2 or Category 3.
Failure to adhere to these requirements will result in the ineligibility of the [small unmanned aircraft make and model] to operate over people in accordance with Category 2 or Category 3.
8.12.2.3 Additional Information. Part 107 currently requires remote pilots to conduct a preflight inspection and ensure that the small unmanned aircraft is in a condition for safe operation. These requirements do not change for operations over people. In fact, a preflight assessment for operations over people should be more complex to account for the additional risk inherent in those operations. For example, the remote PIC should consider:
• The location of the people over whom the small unmanned aircraft would fly.
• The weather and other factors that may play a role in the performance of the small unmanned aircraft.
• The environment and airspace in which the operation is being conducted.
• The remote pilot operating instructions to consider the characteristics of small unmanned aircraft, for example, the expected battery life of the small unmanned aircraft.
8.12.2.4 The FAA anticipates the remote pilot operating instructions, which are required for small unmanned aircraft eligible to operate in Category 2 or 3 of part 107 subpart D, will assist the remote pilot in conducting their preflight check and ensuring that the aircraft is in a condition for safe operation prior to conducting the operation.
8.12.2.5 Although the FAA does not require the remote pilot operating instructions to contain information in addition to the above enumerated items, the FAA encourages small unmanned aircraft manufacturers to provide additional operational information to remote pilots. This information will assist remote pilots in planning operations, decision making throughout the flight, and the overall safe conduct of operations of their small unmanned aircraft by providing valuable operating information about the specific small unmanned aircraft design and capabilities. Manufacturers may wish to develop voluntary
8-36 standards regarding the information provided in the remote pilot operating instructions. These would provide consistency across small unmanned aircraft remote pilot operating instructions, and the remote pilots would have a clearer understanding of what information would accompany a small unmanned aircraft. Information that a small unmanned aircraft manufacturer may wish to consider providing includes, but is not limited to, the factors in paragraphs 8.12.2.5.1 through 8.12.2.5.3 below.
8.12.2.5.1 P erformance, Limitations, and Operating Characteristics:
• Operating temperature limits (high and low limits);
• Weather limitations to include wind, precipitation, and maximum wind gusts;
• Altitude limitations to include maximum operating altitude;
• Range limitations;
• Power source to include endurance, power setting, and consumption levels appropriate to the type of propulsion system (fuel, battery, etc.);
• Airspeed limitations;
• Maximum weights;
• Prohibited maneuvers; and
• Other limitations necessary for safe operations over people.
8.12.2.5.2 N ormal, Abnormal, and Emergency Operating Procedures:
• Preflight inspection; and
• Emergency or abnormal procedures.
8.12.2.5.3 W eight and Balance (W&B). Information regarding the W&B of the small unmanned aircraft.
8.13 R emote Pilot Responsibilities When Conducting Operations Over People. The remote pilot has additional responsibilities when conducting small unmanned aircraft operations over people. In addition to the other operational requirements in part 107, the pilot is responsible for determining they are operating a small unmanned aircraft in the appropriate category for the type of operation they will conduct. The remote pilot is also responsible for verifying the small unmanned aircraft is properly labeled and listed on an FAA-accepted DOC. The remote pilot should perform all of the recommended preflight actions for all flights described in previous chapters and appendices of this AC.
8.14 Operations Over People at Night. The categories and their respective restrictions for operations over people do not change due to conditions of night. The test methods, analyses, or manner of inspection an applicant uses for determining that a small unmanned aircraft meets the performance-based safety requirements are time-of-day