UA.I.E.K12: Applicant produced, designed, or modified sUAS for operations over people.

ACS Area I — Regulations Task E: Operations Over People References: 14 CFRCode of Federal RegulationsCloseThe federal rulebook where Part 107, Part 89, Part 48, and other aviation rules live. parts 89 and 107; ACAdvisory CircularCloseFAA guidance that explains acceptable ways to comply with rules or understand FAA procedures. 107-2; FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-H-8083-25; FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-G-8082-22

Key Concepts

Categories and Core Prohibitions that Shape Your Design/Modification Choices

• §107.39 is the baseline: you may not operate over a person who is not under safe cover unless you meet one of the subpart D categories (1–4). Category 1 is limited to small unmanned aircraft that weigh 0.55 pounds (250 grams) or less and have no exposed rotating parts that would lacerate skin. Category 2 and 3 rely on performance-based safety, and Category 4 uses a part 21 airworthiness certificate with Flight Manual limits. Direct participants (RPICRemote Pilot in CommandCloseThe certificated remote pilot responsible for the Part 107 operation., person manipulating controls, VOVisual ObserverCloseA person who helps the remote PIC see and avoid hazards during a drone operation., required crewmembers) may always be overflown under Part 107’s over-people framework. ^[1]

• For Category 2 eligibility under §107.120, your applicant-produced/designed/modified aircraft must be engineered so it: (1) cannot cause an injury at or above 11 foot-pounds of kinetic energy; (2) has no exposed rotating parts that would lacerate human skin; and (3) has no safety defects. The applicant must affix a permanent English label indicating Category 2 eligibility and provide remote pilot operating instructions addressing system description, allowable modifications, and any mode/configuration changes. ^[2]

Declarations of Compliance (DOC) and Means of Compliance (MOC)

• To use a Category 2 or 3 aircraft over people, the person who designs, produces, or modifies it must declare compliance with the appropriate performance-based safety standards using an FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-accepted MOCMeans of ComplianceCloseFAA-accepted method a manufacturer uses to show a drone meets certain rule requirements. and submit a DOCDeclaration of ComplianceCloseManufacturer compliance document that matters for some Operations Over People categories. via https://uasdoc.faa.gov. The FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. evaluates whether your methods mitigate injury severity to the category’s acceptable safety level, use accepted test/analysis practices, and do not require unreasonable pilot skill. The FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. indicates MOCMeans of ComplianceCloseFAA-accepted method a manufacturer uses to show a drone meets certain rule requirements. acceptance in the Federal Register. ^[3]

• Practical takeaway: If you alter the aircraft’s design or configuration to meet Category 2/3, document the MOCMeans of ComplianceCloseFAA-accepted method a manufacturer uses to show a drone meets certain rule requirements. you used, ensure the DOCDeclaration of ComplianceCloseManufacturer compliance document that matters for some Operations Over People categories. reflects that MOCMeans of ComplianceCloseFAA-accepted method a manufacturer uses to show a drone meets certain rule requirements., and be ready to show your labeling and pilot instructions match what you declared.

Remote Pilot Operating Instructions, Labels, and Modifications

• Your remote pilot operating instructions must clearly enable a pilot to configure the aircraft to maintain Category 2/3 eligibility, including required components, allowable modifications, and how to verify/switch variable modes or configurations. Any person who modifies an aircraft in a way that affects its Category 2 or 3 eligibility must submit a new DOCDeclaration of ComplianceCloseManufacturer compliance document that matters for some Operations Over People categories. before operating over people. ^[4]

• Modifications not allowed by the provided instructions can render the aircraft ineligible for operations over people and require a new DOCDeclaration of ComplianceCloseManufacturer compliance document that matters for some Operations Over People categories.; the aircraft may also need relabeling to reflect its eligible category. When sold, transferred, or used by someone other than the applicant, you must provide instructions that reflect the aircraft’s eligible category and acceptable modifications. ^[5]

• In practice, keep pilot instructions current and unambiguous. Remote PICs must be able to discern the instructions in effect for the intended operation and are ultimately responsible for choosing safe parameters even when instructions are provided. ^[6]

Operational Limits Over People and Vehicles that Drive Design Choices

• Open-air assemblies: Category 3 aircraft must not operate over open-air assemblies (§107.125(b)). Category 1 and 2 operations are prohibited from sustained flight over open-air assemblies unless the operation meets §89.110 or §89.115(a); this prohibition is waiverable. Category 4 may operate over people if not prohibited by its FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-approved Flight Manual, but sustained flight over assemblies still requires compliance with §89.110 or §89.115(a) or a waiver. ^[7]

• Closed/restricted-access sites: Category 3 may operate over people within such sites provided it is not an open-air assembly and persons not directly participating are on notice of potential sUASSmall Unmanned Aircraft SystemCloseA small drone plus the control and communication links used to operate it. operations. Remote pilots should ensure no inadvertent or unauthorized access occurs (e.g., barriers or monitoring), which reinforces why your instructions must specify any required safety components or configurations. ^[5]

• Moving vehicles: Outside closed/restricted-access sites, Categories 1–3 allow only transit over nonparticipants—no sustained flight—over moving vehicles. Within closed/restricted-access sites, nonparticipants must be on notice. Category 4 may operate over moving vehicles if not prohibited by its Flight Manual or other Administrator specifications. These constraints often influence whether your design relies on energy-limiting features or deployables. ^[8]