(1) The operation is conducted over a closed- or restricted-access work site with the
permission of the site’s owner or operator; or
(2) Overflight of people is limited to those who are transient or incidental to the operation, i.e.,
the overflight of people is incidental to the operation and is not sustained.
4.3.4
Category 4 Operational Requirements
This category provides additional operational flexibility for operations over people by UAS that
present the same level of risk of “serious” injury as Category 3. Specifically, the ARC recommends
that small UAS that satisfy the same impact energy threshold as UAS conducting Category 3
operations be permitted to operate over people without the place and manner restrictions of
Category 3, if the operation is conducted in compliance with a documented risk mitigation plan,
which was developed and implemented in accordance with industry consensus standards.
The ARC recommends that the industry consensus standard include the requirement of a
preparation of risk mitigation plan that must address, at a minimum: (a) operator qualifications; (b)
the method of approval and compliance with the risk mitigation plan, including the possibility of
engagement with appropriate local entities. The ARC suggests that the standard-setting body may
want to consider, as a reference, similar requirements for manned aircraft in 14 CFR 137.51.
Operators conducting Category 4 operations over people would also be bound by the other
operational restrictions as operators conducting Category 2 and Category 3 operations over people
(i.e., they must comply with the operator manual and maintain specified minimum set-off distances).
5. ADDITIONAL RECOMMENDATIONS
The ARC is unanimous in its belief that operator knowledge is very important to the safety of the
NAS. One purpose of airman certification requirements is to assure adequate operator knowledge. It
is the understanding of the ARC that pursuant to proposed part 107, the only means of achieving
airman certification will be to take an in-person knowledge test and submit to a Transportation
Security Administration (TSA) background check – even for operation of UAS in the lowest risk
category (Category 1, under 250 grams). The overwhelming majority of ARC members believe that
the in-person test requirement and TSA background check are unduly burdensome for operators of
Category 1 UAS, and may be detrimental to safety by discouraging compliance for operators of such
small UAS. The overwhelming majority of the ARC members believe that the same or higher level
of safety and compliance can be reached by allowing online knowledge testing and eliminating or
reconsidering the TSA vetting process.
Faced with burdensome requirements, it would not be unusual for even well-meaning operators to
fly the smallest UAS without traveling to a test center to satisfy knowledge and other requirements.
In that case, rather than enhancing safety, the requirements would be an impediment to safety.
Those same operators are far more likely to participate in online instruction and take an online test,
thus assuring knowledge of the airspace. The ARC urges the FAA to consider less burdensome
requirements on operators of UASs in Category 1. Specifically, the ARC recommends changing
April 1, 2016
Page 12