Analysis of the Summary of Part 107

Here are highlights from the summary of the FAA’s new rule.  We are annotating this summary in order to help explain the rules new impact.

Our comments will be in italics, while the FAA’s summary is in Bold.

• Unmanned aircraft must weigh less than 55 lbs. (25 kg).
Unchanged from prior rules issued by the FAA.
• Visual line-of-sight (VLOS) only; the unmanned aircraft must
remain within VLOS of the remote pilot in command and the
person manipulating the flight controls of the small UAS.
Alternatively, the unmanned aircraft must remain with
in VLOS of the visual observer.
Unchanged from prior rules issued by the FAA.
• At all times the small unmanned aircraft must remain close
enough to the remote pilot in command and the person
manipulating the flight controls of the small UAS for those
people to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.
Unchanged from prior rules issued by the FAA.
• Small unmanned aircraft may not operate over any persons
not directly participating in the operation, not under a
covered structure, and not inside a covered stationary
vehicle.
Unchanged from prior rules issued by the FAA.
• Daylight-only operations, or civil twilight (30 minutes before
official sunrise to 30 minutes after official sunset, local time)
with appropriate anti-collision lighting.
Unchanged from prior rules issued by the FAA.
• Must yield right of way to other aircraft.
Unchanged from prior rules issued by the FAA.
• May use visual observer (VO) but not required.
This is a change from prior rules which required use of a spotter.
• First-person view camera cannot satisfy “see-and-avoid”
requirement but can be used as long as requirement is
satisfied in other ways.
Unchanged from prior rules issued by the FAA.
• Maximum groundspeed of 100 mph (87 knots).
Increase in Ground Speeed limit from prior rule.
• Maximum altitude of 400 feet above ground level (AGL) or, if
higher than 400 feet AGL, remain within 400 feet of a structure.
Slight change with requirement of structure.
• Minimum weather visibility of 3 miles from control station.
Basic VFR limitations, unchanged from prior rule
• Operations in Class B, C, D and E airspace are allowed with
the required ATC permission.
Unchanged from prior rules issued by the FAA.
• Operations in Class G airspace are allowed without ATC
permission.
Unchanged from prior rules issued by the FAA.
• No person may act as a remote pilot in command or VO for
more than one unmanned aircraft operation at one time.
Unchanged from prior rules issued by the FAA.
• No operations from a moving aircraft.
New addition not covered prior.
• No operations from a moving vehicle unless the operation is
over a sparsely populated area.
Addition of sparsely populated area exemption.
• No careless or reckless operations.
Unchanged from prior rules issued by the FAA.
• No carriage of hazardous materials.
Unchanged from prior rules issued by the FAA.
• Requires preflight inspection by the remote pilot in
command.
Unchanged from prior rules issued by the FAA.
• A person may not operate a small unmanned aircraft if he or
she knows or has reason to know of any physical or mental
condition that would interfere with the safe operation of a
small UAS.
Unchanged from prior rules issued by the FAA.
• Foreign-registered small unmanned aircraft are allowed to
operate under part 107 if they satisfy the requirements of
part 375.
Unchanged from prior rules issued by the FAA.
• External load operations are allowed if the object being
carried by the unmanned aircraft is securely attached and
does not adversely affect the flight characteristics or
controllability of the aircraft.
New change to allow external load operations.
• Transportation of property for compensation or hire allowed
provided that-
o The aircraft, including its attached systems, payload and
cargo weigh less than 55 pounds total;
o The flight is conducted within visual line of sight and not
from a moving vehicle or aircraft; and
o The flight occurs wholly within the bounds of a State and
does not involve transport between (1) Hawaii and
another place in Hawaii through airspace outside
Hawaii; (2) the District of Columbia and another place
in the District of Columbia; or (3) a territory or
possession of the United States and another place in
the same territory or possession.
Definite change in allowing transportation for compensation or hire.
• Most of the restrictions discussed above are waivable if the
applicant demonstrates that his or her operation can safely
be conducted under the terms of a certificate of waiver.
 This appears to make Waivers the new 333 exemption.
Remote Pilot in Command Certification and Responsibilities
• Establishes a remote pilot in command position.
• A person operating a small UAS must either hold a remote
pilot airman certificate with a small UAS rating or be under
the direct supervision of a person who does hold a remote
pilot certificate (remote pilot in command).
• To qualify for a remote pilot certificate, a person must:
o Demonstrate aeronautical knowledge by either:
Passing an initial aeronautical knowledge test at
an FAA-approved knowledge testing center; or
Hold a part 61 pilot certificate other than student
pilot, complete a flight review within the previous 24 months,
and complete a small UAS online training course provided by the FAA.
o Be vetted by the Transportation Security Administration.
o Be at least 16 years old.
• Part 61 pilot certificate holders may obtain a temporary
remote pilot certificate immediately upon submission of their
application for a permanent certificate. Other applicants will
obtain a temporary remote pilot certificate upon successful
completion of TSA security vetting. The FAA anticipates that
it will be able to issue a temporary remote pilot certificate
within 10 business days after receiving a completed remote
pilot certificate application.
• Until international standards are developed, foreign
-certificated UAS pilots will be required to obtain an FAA
-issued remote pilot certificate with a small UAS rating.
A remote pilot in command must:
• Make available to the FAA, upon request, the small UAS for
inspection or testing, and any associated documents/records
required to be kept under the rule.
• Report to the FAA within 10 days of any operation that
results in at least serious injury, loss of consciousness, or
property damage of at least $500.
• Conduct a preflight inspection, to include specific aircraft
and control station systems checks, to ensure the small UAS
is in a condition for safe operation.
• Ensure that the small unmanned aircraft complies with the
existing registration requirements specified in §91.203(a)(2).
A remote pilot in command may deviate from the requirements
of this rule in response to an in-flight emergency.
This entire portion of the proposed rules sets the standards for Remote Pilots in Command and is a welcome bit of guidance for potential professional UAS pilots.
 
.Aircraft Requirements
• FAA airworthiness certification is not required. However, the
remote pilot in command must conduct a preflight check of
the small UAS to ensure that it is in a condition for safe
operation.
Model Aircraft
• Part 107 does not apply to model aircraft that satisfy all of
the criteria specified in section 336 of Public Law 112-95.
• The rule codifies the FAA’s enforcement authority in part
101 by prohibiting model aircraft operators from endangering
the national airspace system.
As can be seen the new rule is able to provide a welcome series of steps towards clarifying the FAA’s regulations towards Unmanned Aircraft Systems.  These new rules should take effect 60 days from publication of the Part 107 rule, which was done today, June 21, 2016.  It is unclear what if any further changes to FAA rules will take place.