FAA ISSUES FINAL RULE ON UAS OPERATIONS OVER PEOPLE AND REMOTE IDENTIFICATION
January 9, 2021
On December 28, 2020, the FAA issued two UAS related final rules.
“Operation of Small Unmanned Aircraft Systems Over People”, available here, allows expanded routine operations of small UAS over people without a waiver or exemption, provided that the operation meets the requirements of one of four operational categories. The first three categories of operations over people are based on the risk of injury they present to people on the ground, while the fourth category is based on the small UAS having an airworthiness certificate.
- Category 1: UAS that weigh 0.55 pounds or less, including everything that is on board and does not contain any exposed rotating parts that would lacerate human skin on impact with a human being;
- Category 2: UAS that weigh more than 0.55 pounds but do not have an airworthiness certificate under 14 CFR Part 21, meet a specific human impact injury limit, do not contain rotating parts that would lacerate human skin, do not have safety defects; Category 2 UAS must also (1) display a label on the aircraft indicating eligibility to conduct Category 2 operations; (2) have current remote pilot operating instructions that apply to the operation of
the small unmanned aircraft; and (3) be subject to a product support and notification process; Category 2 also has specific UAS pilot requirements;
- Category 3: Operations are subject to a higher injury severity limit than Category 2, and the risk of injury to an individual is mitigated by applying additional operating limitations. Like Category 2, UAS must not contain rotating parts that would lacerate human skin, and must not have safety defects; Category 3 UAS must also meet the same labeling, operating instructions, and notification requirements as Category 2; Category 3 also has specific UAS pilot operational requirements;
- Category 4: Allows UAS 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 approved Flight Manual or as otherwise specified by the Administrator, do not prohibit operations over human beings; Operators must also meet numerous maintenance, reporting, and record requirements;
This rule also allows routine operations of small UAS at night under two conditions: (1) the UAS pilot must complete a current initial knowledge test and recurrent training to ensure familiarity with the risks and appropriate mitigations for nighttime operations; (2) the small unmanned aircraft must have lighted anti-collision lighting visible or at least 3 statute miles that has a flash rate sufficient to avoid a collision.
This rule will become effective 60 days after publication in the federal register, except for the amendments to §§ 107.61 (Eligibility for a remote pilot certificate), 107.63 (Issuance of UAS pilot certificate), 107.65 (Aeronautical knowledge recency), 107.73 (Initial and recurrent knowledge tests), and 107.74 (Initial and recurrent training courses) which will become effective 45 days after publication.
“Remote Identification of Unmanned Aircraft”, available here, sets forth new final rules on remote identification operational requirements. Operators can comply by any of the following methods: (1) by operating a standard remote identification UAS that broadcasts identification, location, and performance information of the unmanned aircraft and control station; (2) by operating a UAS with a remote identification broadcast module, where the broadcast module broadcasts identification, location, and take-off information, and may be a separate device that is attached to a UAS, or a built in feature; and (3) by operating UAS without any remote identification equipment, when the UAS is operated at specific FAA-recognized identification areas.
The effective date of the Remote ID requirements for UAS produced for operation in the airspace of the US is 60 days 18 months after publication in the federal register. The effective date of the Remote ID requirements for UAS operated in the airspace of the US is 60 days and 30 months after publication of the final rule in the federal register. This rule also prohibits use of ADS-B Out and transponders for UAS operations under Part 107 unless otherwise authorized by the FAA, and defines when ADS-B Out is appropriate for UAS operating under part 91. This part of the rule becomes effective 60 days after publication in the federal register.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Andy Orr (aorr@eckertsemans.com or 202-659-6625).
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