[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71372-71373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27188]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 107

[Docket No. FAA-2021-1158; Notice No. 107-21-01-NOA]


Accepted Means of Compliance; Operations Over Human Beings, 
Category 2 and Category 3 Small Unmanned Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notification of availability.

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SUMMARY: This document announces the acceptance of a means of 
compliance (MOC) in accordance with a rule issued by the FAA on January 
21, 2021, and went into effect on April 21, 2021. The Administrator 
finds the Virginia Tech

[[Page 71373]]

Mid-Atlantic Aviation Partnership (VT MAAP) MOC Version 1.0 an 
acceptable means, but not the only means, of demonstrating compliance 
with the requirements of Category 2 and Category 3 small unmanned 
aircraft systems (small UAS) operations over people.

DATES: December 16, 2021.

FOR FURTHER INFORMATION CONTACT: 
    FAA Contact: Jeffrey Bergson, Production and Airworthiness Systems, 
AIR-632, Systems Policy Branch, Policy and Innovation Division, 
Aircraft Certification Service, Federal Aviation Administration, AIR-
600: 800 Independence Ave SW, Washington, DC 20591; telephone 206-231-
3661; email: [email protected]; telephone 1-844-FLY-MYUA; email: 
[email protected].
    VT MAAP Contact: Robert Briggs, UAS Chief Engineer, 1991 Kraft 
Drive, Suite 2018, Blacksburg, VA 24061, (540) 231-9373; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA published Title 14 Code of Federal Regulations, part 107, 
subpart D permitting the routine operation of small UAS at night or 
over people under certain conditions. Subpart D also provides aircraft 
eligibility and operating requirements for categories of operations 
over people. When promulgated, this rule was the next step in the FAA's 
incremental approach to integrating UAS into the national airspace 
system, based on demands for increased operational flexibility and the 
experience the FAA has gained since it initially published part 107.
    To satisfy the eligibility requirements of part 107, subpart D, a 
small unmanned aircraft must meet the performance-based safety 
requirements of Sec.  107.120(a) for operations in Category 2 or the 
performance-based safety requirements of Sec.  107.130(a) for 
operations in Category 3 or both by following an FAA-accepted MOC. An 
FAA-accepted MOC addresses the minimum testing, inspection, or analysis 
necessary to demonstrate compliance with the safety requirements.
    An acceptable MOC must consist of test, analysis, or inspection. It 
must address the injury severity limits, the exposed rotating parts 
prohibition, and verification that there are no safety defects. The FAA 
must accept a MOC before an applicant can rely on it to declare 
compliance with part 107, subpart D requirements. In addition, the FAA 
indicates acceptance of a MOC by publishing a Notice of Availability in 
the Federal Register identifying the MOC as accepted and by informing 
the applicant of its acceptance.\1\
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    \1\ Operation of Small Unmanned Aircraft Systems Over People, 86 
FR 4314 (January 15, 2021), available at https://www.regulations.gov/document/FAA-2018-1087-0968.
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Means of Compliance Accepted in This Policy

    VT MAAP published the Operation of Small UAS Over People MOC 
Version 1.0 on October 20, 2021. The FAA has acknowledged VT MAAP's 
performance-based MOC as an acceptable MOC to the requirements of Sec.  
107.120(a) for operations in Category 2, or the requirements of Sec.  
107.130(a) for operations in Category 3.
    To utilize this MOC, an applicant should provide the VT MAAP 
Federal Aviation Administration designated UAS Test Site with data on 
the small unmanned aircraft. VT MAAP Test Site utilizes this 
information to conduct a safety defect and failure assessment. This 
assessment will determine the required testing to assess the small 
unmanned aircraft's impact injury severity and laceration potential. 
The VT MAAP Test Site will conduct the necessary testing and document 
the results. Lastly, VT MAAP conducts a final safety and compliance 
review to determine the small unmanned aircraft compliance with Sec.  
107.120(a) or Sec.  107.130(a) as applicable. VT MAAP provides the 
results of this process to the applicant for inclusion in a Declaration 
of Compliance.

Availability

    This notice serves as a formal acceptance by the Federal Aviation 
Administrator of the Virginia Tech Mid-Atlantic Aviation Partnership's 
Means of Compliance Version 1.0.

    Issued in Washington, DC, on December 10, 2021.
Brian E. Cable,
Manager, Systems Policy Branch, Policy and Innovation Division, 
Aircraft Certification Service.
[FR Doc. 2021-27188 Filed 12-15-21; 8:45 am]
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