The sUAS Guide 2016 Q1 Update | Page 24

(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