certificates have a similar exception for applicants who have a medical
issue,\134\ and the FAA has not observed any adverse safety effects
from having this exception in the regulations.
---------------------------------------------------------------------------

    \134\ See, e.g., 14 CFR 61.83(c).
---------------------------------------------------------------------------

    Accordingly, this final rule will retain the proposed exception for
people who are unable to meet one of the English language requirements
due to a medical condition. 14 CFR 107.61(b). However, the FAA
emphasizes that, as with other airmen, it may specify limitations on a
person's airman certificate to ensure that the person's medical
condition does not endanger the safety of the NAS.
c. No Airman Medical Certificate Required
    For the reasons discussed below, this rule will not require an
airman medical certificate but will prohibit a person from manipulating
the flight controls of a small UAS or acting as a remote pilot in
command or visual observer if he or she knows or has reason to know
that he or she has a physical or mental condition that would interfere
with the safe operation of a small UAS.
    The FAA received approximately 115 comments from organizations and
individuals on this subject. Several commenters stated than an airman
medical certificate is not necessary to operate a UAS. Other commenters
suggested adding a requirement for an airman medical certificate.
    The FAA disagrees that a medical certificate should be required in
this rule. With certain exceptions, the FAA currently requires an
airman medical certificate for exercising the privileges of a student
pilot certificate, a recreational pilot certificate, a private pilot
certificate, a commercial pilot certificate, and an airline transport
pilot certificate.\135\ The primary reason for medical certification is
to determine if the airman has a medical condition that is likely to
manifest as subtle or sudden incapacitation that could cause a pilot to
lose control of the aircraft, or impair the pilot's ability to ``see
and avoid.''
---------------------------------------------------------------------------

    \135\ 14 CFR 61.23(a).
---------------------------------------------------------------------------

    Small UAS operations present a lower risk than manned operations to
manned aircraft and non-participating people on the ground, especially
because the operations do not involve any human beings onboard the
aircraft who could be injured in the event of an accident.
Additionally, unlike manned-aircraft operations, remote pilots and
visual observers will be operating within a confined area of operation,
subject to operational limitations intended to minimize the exposure of
the small unmanned aircraft to manned aircraft in flight and people on
the ground. Because of these operational limitations, traditional FAA
medical certification is not warranted for remote pilots or visual
observers.
    The FAA also notes that the risks associated with pilot
incapacitation are similar to the risks associated with loss of
positive control. As discussed in that section, risks associated with
loss of positive control are mitigated in this rule through: (1)
Preflight inspection of the control links, (2) a speed limit of 87
knots, and (3) a prohibition on operations of small unmanned aircraft
over people not directly participating in the operation. Just as Sec.
107.49(a)(3) will require remote pilots to ensure that all links
between ground station and the small unmanned aircraft are working
properly, Sec.  107.17 will require the remote pilot in command to
abstain from small UAS operations if he or she knows or has reason to
know that he or she has a physical or mental condition that would
interfere with the safe operation of the flight.
    Federal Airways & Airspace, ALPA, and several individual commenters
expressed concern about the lack of a required vision exam. General
Aviation Manufacturers Association and Aerospace Industries Association
suggested that remote pilots hold a valid U.S. driver's license to
ensure a basic eye exam.
    The FAA considers the visual-line-of-sight requirement for the
remote pilot, the person manipulating the flight controls of the small
UAS (if that person is not the remote pilot), and the visual observer
(if one is used) to be able to see the aircraft's direction, altitude,
and attitude of flight to be preferable to a prescriptive vision
standard. Even with normal vision, it is foreseeable that a small
unmanned aircraft may be so small that the operational space must be
reduced to meet the visual-line-of-sight requirements of Sec.  107.31.
Therefore, any demonstration of completing a vision exam would be less
effective than this rule's visual-line-of-sight requirements, and as
such, the FAA will not adopt a vision exam requirement in the final
rule.
    The FAA also disagrees with comments suggesting the FAA require a
U.S. driver's license. According to the DOT Office of Highway Policy
Information, 13 percent of the population aged 16 or older does not
hold a state-issued driver's license.\136\ As such, requiring a U.S.
driver's license would create an undue burden for many remote pilots
without an equivalent increase in safety because the skills necessary
to obtain a driver's license are not the same as the skills needed to
pilot a small UAS. Further, the FAA has historically allowed pilots of
gliders and balloons to exercise the privileges of their pilot
certificates without requiring a medical certificate or U.S. driver's
license, and this practice has resulted in no adverse effects on the
NAS.
---------------------------------------------------------------------------

    \136\ See https://www.fhwa.dot.gov/policyinformation/pubs/hf/pl11028/chapter4.cfm (stating that 87% of the population holds a
driver's license).
---------------------------------------------------------------------------

    The Golden Gate Bridge, Highway and Transportation District
supported the proposed requirement to disqualify persons with known
physical or mental conditions that could interfere with the safe
operation of the aircraft. Conversely, DronSystems commented that it
would be impossible to enforce a prohibition on operations if an
operator knows he or she has a medical

condition that could interfere with the safe operation of the small
UAS.
    The FAA notes that a similar regulatory provision already exists in
part 61. Under Sec.  61.53, a pilot certificate holder is obligated to
abstain from acting as pilot in command during a period of medical
deficiency. The requirement of Sec.  61.53 applies regardless of
whether or not a pilot certificate holder also holds a medical
certificate.
    One individual suggested that the FAA provide a list of
disqualifying medical conditions.
    The FAA has not established a list of disqualifying medical
conditions under Sec.  107.17 because there are a wide range of small
UAS operations that could be affected differently by different medical
conditions. For example, a person who is incapable of moving his
fingers would not be able to safely operate a small UAS whose control
station interface is manually manipulated with the fingers. However,
that person may be able to safely operate a small UAS whose control
station is operated through voice controls.
    A person participating in a small UAS operation is responsible for
knowing his or her physical and mental limitations and evaluating
whether those limitations would allow him or her to safely participate
in the specific small UAS operation that he or she is considering. If
that person is unsure as to the limitations of his or her physical or
mental condition, he or she should consult with a physician. The FAA
emphasizes that those with a medical history or who are experiencing
medical symptoms that would prevent them from safely participating in a
small UAS operation or that raise a reasonable concern cannot claim to
have no known medical conditions.
    One commenter stated that residents of Alaska have a
disproportionately high rate of ``seasonal bipolar disorder'' or
``polar night-induced solipsism syndrome,'' and that Alaskans might
therefore be disproportionately affected by this provision. This
commenter suggests that the FAA remove ``bipolar disorder--or at the
least bipolar disorder and related conditions `with seasonal pattern'--
from the list of mental conditions which may prevent someone from being
able to operate'' a small UAS.
    The FAA notes that the commenter is referring to a list of medical
conditions enumerated in Sec.  67.107(a)(3), Sec.  67.207(a)(3), and
Sec.  67.307(a)(3), referring to a candidate for a first, second, or
third class medical certificate to have no established medical history
or clinical diagnosis of a bipolar disorder. However, as discussed
previously, part 107 does not include a list of disqualifying medical
conditions. A person with bipolar disorder would violate Sec.  107.17
only if his or her bipolar disorder was such that it would interfere
with the safe operation of a small UAS.
    The FAA also notes that in the NPRM it proposed to require that an
applicant for an airman certificate must submit a certified statement
attesting to his or her physical and mental condition at the time of
the application. However, upon further review, the FAA has decided to
remove this provision from the rule because an applicant's medical
condition at the time he or she submits his or her application for a
remote pilot certificate may change prior to operation of the small
UAS.
d. Flight Proficiency and Aeronautical Experience
    Because of the significantly reduced risk associated with small UAS
operations conducted under part 107, the NPRM proposed to not impose
flight proficiency or aeronautical experience requirements on
applicants seeking a small UAS airman certificate. However, the FAA
invited comments on whether flight proficiency or aeronautical
experience should be required. For the reasons discussed below, this
rule will not require applicants for a remote pilot certificate with a
small UAS rating to demonstrate flight proficiency or aeronautical
experience.
    Several commenters, including NBAA, Colorado Cattlemen's
Association, and NetMoby, agreed with the NPRM that the FAA should not
require small UAS operators to demonstrate their proficiency in
operating a small UAS prior to obtaining an operator certificate. These
commenters reasoned that requiring a proficiency test is unnecessary
because small UAS are not very difficult to operate and the test could
be cost prohibitive for some operators. NetMoby added that there will
be a market incentive for manufacturers to ensure that future operators
are capable of flying their UAS.
    Other commenters, including the AFL-CIO, AIA, and NAAA, disagreed
with the proposal and suggested that the FAA require small UAS
operators to demonstrate their proficiency in operating a small UAS
prior to obtaining a remote pilot certificate. Some of the commenters
asserted that this would be consistent with testing requirements used
for part 61 pilot certificates.
    Aviation Management and Modovolate Aviation suggested requiring a
practical test or demonstration of aeronautical knowledge for certain
aircraft or flying conditions (e.g., those weighing more than 4.4
pounds, operation beyond visual line-of-sight), but not for others
(e.g., micro UAS, operation in only Class G airspace). Virginia
Commonwealth University Honors Students suggested that separate tests
should be required for each type of small UAS.
    As discussed in section III.E.3.a of this preamble, small UAS
operations conducted under this rule will operate in a confined area of
operation. As a result of this confined area and due to the very low
weight of the small unmanned aircraft, small UAS operations conducted
under part 107 will generally pose a very low risk as compared to
manned aircraft. As such, flight proficiency and aeronautical
experience requirements (which apply to part 61 pilots) are unnecessary
for remote pilots of a small UAS.
    Flight proficiency testing is also not necessary for small UAS
operations because, unlike a manned aircraft pilot, the remote pilot of
a small UAS can easily terminate flight at any point. The light weight
and lack of people onboard the small unmanned aircraft provides the
remote pilot of that aircraft with a multitude of safe landing options.
The remote pilot also has the option to sacrifice the small unmanned
aircraft because there are no people onboard who would be endangered by
that action. Conversely, a manned aircraft can only land at a location
that can safely accommodate its large weight. The landing of a manned
aircraft must also be accomplished in a manner that does not endanger
the people onboard the aircraft. Because of the ease with which the
flight of a small unmanned aircraft can be terminated and because of
the overall low risk posed by small UAS operations that will be
conducted under part 107, this rule will not include practical testing
or flight experience requirements for a remote pilot certificate.
    The FAA notes, however, that certain operational restrictions of
part 107, such as operations within visual line of sight, are waivable
if the applicant can demonstrate that his or her operation can safely
be conducted under the terms of a certificate of waiver. In processing
a waiver, the FAA may request additional mitigations, such as a
demonstration of remote pilot proficiency, to ensure that the operation
can be conducted safely.
    The Nez Perce Tribe requested that the FAA provide additional
flexibility to small UAS operators by allowing them to qualify for an
operator certificate

either via a written test, a practical test, or a demonstration of
aeronautical experience. In response, the FAA notes that practical
testing, aeronautical experience, and knowledge testing measure
different things. Knowledge testing determines whether an applicant has
acquired proficiency in the areas of knowledge being tested. Practical
testing and aeronautical experience determines the applicant's flight
proficiency. Although practical testing and aeronautical experience may
be used to assess some level of a person's knowledge, the aeronautical
knowledge test is the method used to directly assess an applicant's
knowledge. In this case, the FAA has determined that a remote pilot
needs to have acquired the knowledge needed to safely operate a small
UAS because small UAS operations will generally pose a very low risk as
compared to manned aircraft. Thus, an aeronautical knowledge test is
the appropriate vehicle to determine whether an applicant for a remote
pilot certificate has acquired the necessary knowledge.
e. Formal Training
    The NPRM did not propose to require formal training, but it invited
comment on whether passage of an FAA-approved training course should be
required either instead of or in addition to the aeronautical knowledge
test. After reviewing the comments, the FAA has determined that it will
not impose any specific training or flight instruction requirements for
small UAS remote pilot certificate applicants.
    Many commenters, including NAFI, NAAA, and A4A, stated that the FAA
should require individuals to attend a training course before obtaining
a small UAS operator certificate. NAFI asserted that an applicant may
be able to pass an initial knowledge test through rote memorization and
retain little useful information or application after passing the
knowledge test. According to NAFI, the present FAA test management
systems do not allow for the robust, multi-version testing that is
truly able to test to the application level of learning. Commenters
argued that training should encompass various topics and forms such as
scenarios, multi-rotor aircraft, educational contact time from a flight
instructor, and simulations.
    Conversely, National Roofing Contractors Association, NBAA,
Southern Company, Aerospace Industries Association, and Nez Perce Tribe
argued that the FAA should not require a training course. Aviation
Management suggested that the FAA make informational and training
materials available online and also create online training programs,
but should not require training courses. National Roofing Contractors
Association, NRECA, and Team Rubicon suggested allowing industries to
have tailored certification processes or training specific to their
needs, or to allow agencies and organizations to conduct tailored in-
house training.
    The FAA took a risk-based approach to defining the airman
certification requirements for small UAS remote pilots, and in light of
the contained nature of operations, opted not to propose specific
training, flight experience, or demonstration of proficiency in order
to be eligible for a certificate. A remote pilot certificate
applicant's knowledge of small UAS, as well as regulations concerning
safe operations in the NAS, can adequately be evaluated through an
initial and recurrent knowledge tests. A person who has acquired the
pertinent knowledge will pass the knowledge tests while a person who
has not done so will fail the test.
    In response to commenters' concerns about rote memorization, the
FAA notes that in addition to passing the initial knowledge test,
remote pilot certificate holders will also have to pass a recurrent
knowledge test every two years to ensure that they have retained the
knowledge necessary to safely operate in the NAS. Further, remote pilot
certificate holders will also be subject to continuing FAA oversight.
The FAA emphasizes that under 49 U.S.C. 44709 and Sec.  107.7(b), the
FAA may reexamine a certificated remote pilot if it has sufficient
reason to believe that the remote pilot may not be qualified to
exercise the privileges of his or her certificate.\137\ Because the
qualification framework for the remote pilot certificate is based on
aeronautical knowledge, a reexamination under section 44709 and Sec.
107.7(b) would be limited to the certificate holder's aeronautical
knowledge. The reexamination may be conducted using an oral or written
knowledge test.
---------------------------------------------------------------------------

    \137\ See FAA Order 8900.1, ch. 7, sec. 1 (providing guidance
with regard to how the FAA exercises its reexamination authority).
---------------------------------------------------------------------------

    A prescriptive formal training requirement is not necessary in this
rule. Instead, this rule will allow remote pilot certificate applicants
to attain the necessary aeronautical knowledge through any number of
different methods, including self-study, enrolling in a training
seminar or online course, or through one-on-one instruction with a
trainer familiar with small UAS operations and part 107. This
performance-based approach is preferable because it will allow
individuals to select a method of study that works best for them. These
methods of study will then be validated by whether or not the
individual is able to pass the knowledge test. As noted in OMB Circular
A-4, performance-based standards are generally preferable in a
regulation because they allow the regulated parties ``to choose the
most cost-effective methods for achieving the regulatory goal and
create an incentive for innovative solutions.'' \138\
---------------------------------------------------------------------------

    \138\ OMB Circular A-4 at 6.
---------------------------------------------------------------------------

    The FAA will publish Advisory Circulars to assist remote pilots in
operating small UAS safely in the NAS. The FAA Safety Team (FAASTeam)
will also host online training courses. These training courses could be
used as one method of studying for the knowledge test. Lastly, because
there is already a robust network of nearly 700 testing centers located
throughout the country set up to administer FAA knowledge tests, the
FAA has opted not to establish new standards for small UAS remote pilot
testing centers.
f. General Requirement for Initial Aeronautical Knowledge Test
    The NPRM proposed requiring applicants for a remote pilot airman
certificate with a small UAS rating to pass an initial aeronautical
knowledge test to demonstrate that they have sufficient aeronautical
knowledge to safely operate a small UAS. The FAA adopts the provisions
as proposed with three changes. First, as discussed in III.F.2.i below,
the FAA exempts part 61 pilot certificate holders from the requirement
to complete an initial knowledge test as long as they satisfy the
flight review requirements of their part 61 pilot certificate and
complete an online training course within the preceding 24 months.
Second, as discussed in III.F.2.h below, the FAA will require that
pilots with military experience operating unmanned aircraft pass an
initial knowledge test in order to obtain a remote pilot certificate
with small UAS rating, and pass a recurrent knowledge test every 24
months subsequent in order to continue to exercise the privileges of
that certificate.
    Many commenters, including National Association of State Aviation
Officials, NAAA, ALPA, and NAMIC, supported the FAA's proposal to
require an initial aeronautical knowledge test in order to operate a
small UAS. Conversely, several commenters opposed the initial
aeronautical knowledge test. Commenters argued that initial testing is
``overkill'' and the FAA should treat small UAS pilots like part

103 ultralight vehicle pilots and not require airman certification or
testing. The commenters further argued that all testing is unnecessary
and inappropriate.
    The FAA disagrees with the commenters who asked that the knowledge
test be abolished. Title 49 U.S.C. 44703 requires the FAA to ensure
that an airman certificate applicant is qualified and able to perform
the duties related to the position to be authorized by the certificate.
    Here, in order to meet its statutory obligation to determine that
an applicant for a remote pilot certificate possesses the knowledge
necessary to safely operate in the NAS, the FAA is requiring that those
persons pass an initial aeronautical knowledge test. Knowledge testing
is the most flexible and efficient means for ensuring that a remote
pilot possesses the requisite knowledge to operate in the NAS because
it allows the applicant to acquire the pertinent knowledge in whatever
manner works best for him or her. The applicant can then take and pass
the aeronautical knowledge test to verify that he or she has indeed
acquired the pertinent areas of knowledge.
    NAFI recommended that an applicant should be required to obtain an
instructor endorsement to take the initial aeronautical knowledge test.
SkyView Strategies suggested that to protect the public from a poorly
prepared UAS operator who receives a passing grade but gets important
questions wrong, the UAS operator should be required to present to a
flight training instructor his or her written test results, noting
areas where knowledge is lacking.
    The FAA disagrees with the recommendation that an applicant should
be required to obtain an instructor endorsement to take the initial
aeronautical knowledge test. While an instructor endorsement is
generally required for part 61 pilot certificates, the significantly
reduced risk associated with small UAS operations conducted under part
107 would make this framework unduly burdensome in this case. Instead,
a stand-alone knowledge test is sufficient to verify the qualification
of the remote pilot certificate applicant.
    Because the aeronautical knowledge test will determine whether an
applicant possesses the knowledge needed to safely operate a small UAS,
a separate flight instructor endorsement should not be required to take
the knowledge test. The FAA also notes that the costs associated with
failing and having to retake the knowledge test will provide an
incentive to applicants to pick a method of study that maximizes the
chance of them passing the aeronautical knowledge test on the first
try.
    The FAA also does not agree that a certificate applicant should be
required to present to a flight instructor his or her knowledge test
results for remedial training. The FAA maintains that if a candidate is
``poorly prepared,'' then that person is unlikely to pass the knowledge
test.
    The University of Arkansas Division of Agriculture suggested that a
more appropriate ``aeronautical knowledge exam'' needs to be developed
with input from UAS users. It further suggested that the FAA should
periodically revisit the scope of the aeronautical knowledge test as
operational experience data increases.
    FAA knowledge test banks are continuously updated to address
changes to the industry, safety, and special emphasis areas. While the
FAA responds to industry and user community feedback, the small UAS
knowledge test bank is developed internally within the agency to
protect the integrity of test.
g. General Requirement for Recurrent Aeronautical Knowledge Test
    The FAA proposed that a certificated remote pilot must also pass a
recurrent aeronautical knowledge test every 24 months. Like the flight
review requirement specified in Sec.  61.56, the recurrent knowledge
test provides the opportunity for a remote pilot's aeronautical
knowledge to be reevaluated on a periodic basis. The FAA adopts this
provision as proposed, with one change. As discussed in III.F.2.i, the
FAA exempts part 61 pilot certificate holders from the requirement to
complete recurrent knowledge tests as long as they satisfy the flight
review requirements of Sec.  61.56 and complete an online training
course every 24 months.
    ALPA, AOPA, AUVSI and several other commenters supported the
requirement for a recurrent knowledge test. Conversely, Colorado
Cattlemen's Association and a few individual commenters argued that a
recurrent knowledge test is unnecessary. The Colorado Cattlemen's
Association explained that small UAS operations present a substantially
reduced risk as compared to manned-aircraft operations. Therefore, the
commenter argued, it is appropriate to impose different, and in some
instances lesser, operational requirements.
    The FAA disagrees with the notion that no periodic reevaluation of
knowledge is necessary. Knowledge of rules, regulations, and operating
principles erodes over time, particularly if the remote pilot is not
required to recall such information on a frequent basis. This is a
fundamental principle of airman certification, and it applies to all
FAA-certificated airmen. For part 61 pilot certificate holders, the
flight review, conducted under Sec.  61.56, specifically requires ``[a]
review of the current general operating and flight rules of part 91''
in addition to maneuvers necessary to safely exercise the privileges of
the certificate. Likewise, the FAA considers a recurrent knowledge test
to be an effective means of evaluating a remote pilot's retention of
knowledge necessary to safely operate small unmanned aircraft in the
NAS. Because of the reduced risk posed by small UAS, the FAA is not
requiring remote pilots to demonstrate a minimum level of flight
proficiency to a specific standard or recency of flight experience in
order to exercise the privileges of their airman certificate.
    Drone Labs suggested extending the time period between recurrent
tests to 5 years, and/or making the test available online to ease
recertification. Kansas Farm Bureau recommended a 6-year interval
between recurrent tests, similar to the interval for renewal of a
driver's license.
    The FAA does not agree that the recurrent testing interval should
be longer than two years. Unlike the privileges afforded by a driver's
license, which are exercised on a frequent basis by most drivers, many
holders of remote pilot certificates may only exercise their privileges
occasionally or may not regularly conduct operations that apply all of
the concepts tested on the aeronautical knowledge test. For example, a
remote pilot in command may spend years never operating outside of
Class G airspace, and then may move to a different location that
requires him or her to begin conducting small UAS operations in Class D
airspace. Based on experience with manned pilots, those persons who
exercise the privileges of their certificate on an infrequent basis are
likely to retain the knowledge for a shorter period of time than those
who exercise the privileges of their certificate on a regular basis.
    Further, as unmanned aircraft operations increase in the NAS, the
FAA anticipates the possibility of further changes to rules and
regulations. By requiring evaluation on a two-year cycle, the FAA is
able to ensure that remote pilots are aware of the most recent changes
to regulations affecting their operations.

    The FAA acknowledges, however, the burden associated with in-person
testing every two years. As such, the FAA intends to look at (in the
Operations of Small Unmanned Aircraft Over People rule) alternative
methods to further reduce this burden without sacrificing the safety
benefits afforded by a two-year recurrent knowledge check.
h. Pilots With Military Experience
    The NPRM proposed allowing pilots with military experience
operating unmanned aircraft to take the recurrent knowledge test in
lieu of the initial knowledge test in order to be eligible for an
unmanned aircraft operator certificate with a small UAS rating. For the
reasons discussed below, this rule will require pilots with military
experience operating unmanned aircraft to comply with the initial and
recurrent knowledge testing requirements discussed in the previous
sections.
    NBAA, Small UAV Coalition and Texas A&M University agreed with the
proposed rule requiring only a recurrent knowledge test in lieu of the
initial knowledge test to qualify for a UAS operator airman
certificate. Prioria said that military UAS operators and OEM-certified
UAS operators should be grandfathered in without the need to take an
initial knowledge test because their prior operational experience
should suffice. In addition, Aviation Model Code of Conduct Initiative,
Boeing Commercial Airplanes, Small UAV Coalition, and others supported
accepting existing pilot credentials, especially military pilot
credentials, in lieu of requiring those pilots to take an initial
knowledge test or obtain a separate small UAS certificate. ArgenTech
Solutions suggested that FAA should put a time limit on when military
experience is acceptable for taking the recurrent knowledge test.
    In contrast, ALPA and others suggested that an initial knowledge
test, rather than just a recurrent test, is appropriate for applicants
with military experience flying UAS. ALPA noted that such pilots do not
necessarily have experience operating in the NAS, and therefore cannot
be assumed to be familiar with all the subject areas included in the
initial test. ALPA also pointed to the wide variety of UAS used in the
military and suggested that a given pilot's experience may not
necessarily be relevant to the operation of a small UAS in the NAS.
ALPA also stated that the FAA should review a military pilot's specific
training, skills, and experience before determining what ``supplemental
training, knowledge testing, or skills demonstration'' might be needed.
    Similarly, one commenter asserted that experience operating
military UAS is not relevant to the operation of a civil small UAS, and
that therefore those with military experience should be subject to the
same testing requirements as other applicants. Another individual
echoed ALPA's concern that military operations are conducted almost
exclusively in military airspace, not in the NAS. One commenter, while
supporting an initial-test exemption for applicants with military
experience, added that former military UAS pilots do not necessarily
understand civil operations in the NAS.
    Planehook Aviation, NOAA, DOD, and an individual commenter said
that the prior military experience provision proposed in Sec.  107.75
should apply to both military and non-military COA UAS operators. One
commenter provided supporting reasoning stating that ``[t]here are
several non-military Federal agencies that have well established sUAS
programs and, as is the case with NASA, they have decades of experience
with sUAS and operating sUAS in the NAS.'' NOAA argued that there are
no practical differences between NOAA pilots and military pilots
because they are both trained in the same facilities. DOD raised a
similar argument, asking that the rule recognize DOD civilian and
contractor personnel that have a level of training equivalent to
military personnel. One individual suggested that the FAA allow
civilian operators with a minimum of 1,000 logged hours as operators of
UAS for government and military agencies to qualify for taking the
recurrent knowledge test instead of the initial test.
    The FAA agrees with commenters who expressed concern about
applicants obtaining a remote pilot certificate to operate civil small
UAS without passing an initial knowledge test. The levels of training
and certification for unmanned aircraft differ greatly between branches
of the armed services, and therefore there is no consistent training
the FAA can use as a comparison to its requirements in order to credit
military UAS pilots. Further, many of the required knowledge areas for
the part 107 initial knowledge test, such as airspace classification,
airport operations, and radio communications, are not consistently
covered in training across all branches of the U.S. military.
Accordingly, at this time, this rule will not allow military UAS pilots
to bypass the initial aeronautical knowledge test. This applies to NOAA
UAS pilots as well, because, as NOAA pointed out, they are trained in
the same military facilities.
    The FAA notes, however, that in some cases, government and military
UAS pilots are trained as pilots of manned aircraft, in which case they
may qualify for a part 61 pilot certificate through military
competency. Specifically, manned-aircraft military pilots are
frequently able to qualify for a part 61 pilot certificate under Sec.
61.73 without taking a practical test by providing specific
documentation and passing a military competency knowledge test.
Provided those pilots obtain a part 61 pilot certificate and meet the
flight review and online training course requirements discussed in the
next section, they may qualify for a remote pilot certificate with
small UAS rating without having to take any UAS knowledge test.
i. Credit to Holders of Part 61 Pilot Certificates
    For the reasons discussed below, this rule will allow part 61 pilot
certificate holders (other than the holders of a student pilot
certificate) with current flight reviews \139\ to substitute an online
training course for the aeronautical knowledge testing required by this
rule.
---------------------------------------------------------------------------

    \139\ Under Sec.  61.56(c), no person may act as pilot in
command of an aircraft unless, since the 24th calendar month before
the month in which the person acts as pilot in command, he or she
has completed a flight review with an authorized instructor in an
aircraft for which that person is rated. The flight review must
consist of at least one hour of ground training and one hour of
flight training that includes the general operating and flight rules
of part 91. 14 CFR 61.56(a).
---------------------------------------------------------------------------

    Airborne Law Enforcement Association and Texas A&M University-
Corpus Christi, suggested requiring only the recurrent knowledge test
for part-61-certificated pilots. Numerous commenters also suggested
that holders of part 61 airman certificates should be required to take
only the recurrent knowledge test, not the initial knowledge test, or
should be exempted entirely from knowledge-testing requirements. One
commenter suggested that the holders of private, commercial, and ATP
certificates who have operated UAS under exemptions be exempted from
the initial knowledge test requirement. Another commented that non-
military COA pilots should be permitted to take just the recurrent
test, since the applicants will usually hold at least a private pilot
certificate. One commenter stated that those applicants who hold part
61 pilot certificates should be required only to complete UAS-specific
modules as part of the existing FAA Wings program. Another commenter
stated that there should be a provision to enable existing small UAS
pilots with a certain amount of

logged PIC time to fly a small UAS without having to take a knowledge
test.
    The FAA agrees with commenters who suggested that requiring part-
61-certificated pilots who satisfy the flight-review requirements of
Sec.  61.56 to take an initial or recurrent knowledge test is unduly
burdensome. Through initial certification and subsequent flight
reviews, a part-61-certificated airman is required to demonstrate
knowledge of many of the topic areas tested on the UAS knowledge test.
These areas include: Airspace classification and operating
requirements, aviation weather sources, radio communication procedures,
physiological effects of drugs and alcohol, aeronautical decision-
making and judgment, and airport operations. Because a part 61 pilot
certificate holder is evaluated on these areas of knowledge in the
course of the part 61 certification and flight review process,
reevaluating these areas of knowledge on the initial and recurrent
knowledge tests conducted under part 107 would be needlessly
duplicative.
    However, there are UAS-specific areas of knowledge (discussed in
section III.F.2.j of this preamble) that a part-61-certificated pilot
may not be familiar with. Accordingly, instead of requiring part-61-
certificated pilots who are current on their flight reviews to take the
initial and recurrent knowledge tests, this rule will provide those
pilots with the option to take an online training course focusing on
UAS-specific areas of knowledge. Just as there is an initial and
recurrent knowledge test, there will also be an initial and recurrent
training course available to part 61 pilot certificate holders. Those
certificate holders will be able to substitute the initial training
course for the initial knowledge test and the recurrent training course
for the recurrent knowledge test. To ensure that a certificate holder's
UAS-specific knowledge does not become stale, this rule will include
the requirement that a part 61 pilot certificate holder must pass
either the recurrent training course or the recurrent knowledge test
every 24 months.
    The FAA emphasizes that the online training course option in lieu
of taking the knowledge test will be available only to those part 61
pilot certificate holders who satisfy the flight review required by
Sec.  61.56. This is to ensure that the certificate holder's knowledge
of general aeronautical concepts that are not included on the training
course does not become stale. Part 61 pilot certificate holders who do
not meet the flight review requirements of Sec.  61.56 will be unable
to substitute the online training course for the required aeronautical
knowledge test. Thus, under Sec.  107.63(a)(2), a part 61 pilot
certificate holder seeking to substitute completion of the initial
training course for the initial aeronautical knowledge test will have
to present his or her logbook upon application for a remote pilot
certificate with a small UAS rating to demonstrate that he or she has
satisfied this requirement. The applicant will also have to present a
certificate of completion showing that he or she has completed the
initial online training course.
    The FAA also notes that the above discussion does not apply to
holders of a part 61 student pilot certificate. A person is not
required to pass an aeronautical knowledge test, pass a practical
(skills) test, or otherwise demonstrate aeronautical knowledge in order
to obtain a student pilot certificate. Further, student pilot
certificate holders who have received an endorsement for solo flight
under Sec.  61.87(b) are only required to demonstrate limited knowledge
associated with conducting a specific solo flight. For these reasons,
the option to take an online training course instead of an aeronautical
knowledge test will not extend to student pilot certificate holders.

j. Areas of Knowledge on the Aeronautical Knowledge Tests and Training
Courses for Part 61 Pilot Certificate Holders

    The NPRM proposed that the initial aeronautical knowledge test
would test the following areas of knowledge: (1) Regulations applicable
to small UAS operations; (2) airspace classification and operating
requirements, obstacle clearance requirements, and flight restrictions
affecting small unmanned aircraft operation; (3) official sources of
weather and effects of weather on small unmanned aircraft performance;
(4) small UAS loading and performance; (5) emergency procedures; (6)
crew resource management; (7) radio communication procedures; (8)
determining the performance of small unmanned aircraft; (9)
physiological effects of drugs and alcohol; (10) aeronautical decision-
making and judgment; and (11) airport operations. The NPRM also
proposed the following areas of knowledge for the recurrent knowledge
test: (1) Regulations applicable to small UAS operations; (2) airspace
classification and operating requirements, obstacle clearance
requirements, and flight restrictions affecting small unmanned aircraft
operation; (3) official sources of weather; (4) emergency procedures;
(5) crew resource management; (6) aeronautical decision-making and
judgment; and (7) airport operations.
    For the reasons discussed below, this rule will remove obstacle
clearance requirements and add maintenance and inspection procedures as
areas of knowledge that will be tested on both the initial and
recurrent aeronautical knowledge tests. Further, aviation weather
sources will be removed from the recurrent aeronautical knowledge
tests. Except for these changes, this rule will finalize all other
areas of knowledge as proposed in the NPRM.
    With regard to the initial and recurrent training courses for part
61 pilot certificate holders, those courses will only cover UAS-
specific areas of knowledge that are not included in the training and
testing required for a part 61 pilot certificate. Thus, the initial
training course will cover: (1) Regulations applicable to small UAS
operations; (2) small UAS loading and performance; (3) emergency
procedures; (4) crew resource management; (5) determining the
performance of the small unmanned aircraft; and (6) maintenance and
inspection procedures. The recurrent training course will cover: (1)
Regulations applicable to small UAS operations; (2) emergency
procedures; (3) crew resource management; and (4) maintenance and
inspection procedures.
i. Regulations Applicable to Small UAS
    The NPRM proposed to include an area of knowledge on both the
initial and recurrent knowledge tests that determines whether the test
taker knows the regulations applicable to small UAS. By testing the
applicant for an airman certificate on knowledge of applicable
regulations, the initial and recurrent knowledge tests would ensure
that the applicant understands what those regulations require and does
not violate them due to ignorance.
    The FAA did not receive any adverse comments on this aspect of its
proposal, and as such, this rule will include regulations applicable to
small UAS as an area of knowledge that is tested on both initial and
recurrent aeronautical knowledge tests. This area of knowledge will
also be included on the initial and recurrent training courses that can
be taken by part 61 pilot certificate holders instead of a knowledge
test because regulations applicable to a small UAS are a UAS-specific
area of knowledge that is not included in the training and testing
required for a part 61 pilot certificate.

ii. Airspace Classifications and Operating Requirements, and Flight
Restrictions Affecting Small Unmanned Aircraft Operation
    The NPRM also proposed testing (on both the initial and recurrent
knowledge tests) knowledge of airspace classification and operating
requirements, as well as knowledge of flight restrictions affecting
small unmanned aircraft operation. The NPRM explained that part 107
would include airspace operating requirements, such as the requirement
to obtain ATC permission prior to operating in controlled airspace, and
in order to comply with those requirements, an airman would need to
know how to determine the classification of the airspace in which he or
she would like to operate. The NPRM also proposed to test knowledge of
how to determine which areas of airspace are prohibited, restricted, or
subject to a TFR.
    Under the NPRM, this area of knowledge would also be included in
the recurrent knowledge test because: (1) Airspace that the airman is
familiar with could become reclassified over time; (2) the location of
existing flight restrictions could change over time; and (3) some
airmen may not regularly encounter these issues in their operations.
For the reasons discussed below, this rule will include knowledge of
airspace classification and operating requirements and knowledge of
flight restrictions affecting small unmanned aircraft operation as an
area of knowledge tested on both the initial and recurrent knowledge
tests.
    The California Agricultural Aircraft Association supported testing
on how the airspace is managed, what the rules and regulations are, and
how manned aircraft operate in the airspace. Aerius suggested that the
knowledge test should include special use airspace, right-of-way rules,
visual scanning, aeromedical factors (e.g., the limitations of the
human eye), and accident reporting. On the other hand, the Electronic
Frontier Foundation asserted that airspace classification is not
relevant for low altitude micro UAS flights far away from airports and
should not be tested for airmen seeking to operate micro UAS.
    The FAA declines to eliminate airspace classification as an area of
knowledge tested for small UAS operations. As an initial matter, the
FAA notes that this rule will not prohibit any small UAS (including
micro UAS) from operating near airports. For UAS not operating near an
airport, the FAA notes that controlled airspace can extend a
significant distance away from an airport. For example, the surface
area of Class B airspace can extend up to 8 nautical miles away from an
airport. Additionally, airspace classification may change over time;
uncontrolled (Class G) airspace may be changed to controlled airspace
and vice versa. A remote pilot of any small UAS will need to have the
ability to determine what class of airspace his or her small UAS
operation will take place in to ensure that the operation complies with
the airspace rules of part 107.
    In response to Aerius, the FAA notes that special-use airspace will
be covered under knowledge of flight restrictions, which will determine
the test taker's knowledge of regulatory restrictions on small UAS
flight imposed through means such as prohibited airspace or a TFR.
Right-of-way rules, visual scanning, and accident reporting will be
covered by the knowledge area of regulations applicable to small UAS
operations because all of these concepts are codified in the
operational regulations of part 107. Aeromedical factors will not
specifically be included on the knowledge test, but the FAA may publish
further guidance to remote pilots on topics such as aeromedical factors
and visual scanning techniques.
    AUVSI recommended that the FAA require more extensive knowledge
testing than what was proposed for an operator desiring to fly in Class
B, C, D, or E airspace, operate small UAS for commercial purposes, or
operate small UAS beyond visual line of sight with risk-based approval.
The commenter did not, however, specify what should be included in this
more extensive testing, and as such, the FAA is unable to evaluate
AUVSI's suggestion.
iii. Obstacle Clearance Requirements
    The NPRM proposed to include obstacle clearance requirements as an
area of knowledge to be tested on the initial knowledge test to ensure
that an applicant for a remote pilot certificate knows how to avoid
creating a collision hazard with a ground structure.
    One commenter suggested removing this area of knowledge from the
knowledge test because, according to the commenter, there are no
obstacle clearance requirements in part 107, and therefore, there
should be nothing to test. The FAA agrees with this comment and has
removed obstacle clearance requirements as an area of knowledge to be
tested on the initial knowledge test.
    The FAA notes that although the test taker will not be tested on
knowledge of obstacle clearance requirements, they will be tested for
knowledge of regulations applicable to small UAS, including the
requirements of Sec. Sec.  107.19(c) and 107.23(a), which: (1) Prohibit
operating a small unmanned aircraft in a careless or reckless manner so
as to endanger the life or property of another; and (2) require the
remote pilot in command to ensure that the small unmanned aircraft will
pose no undue hazard to other aircraft, people, or property in the
event of loss of control of the aircraft. A small unmanned aircraft
flown in a manner that creates a collision hazard with a ground
structure may violate one or both of these regulations, especially if
there are people near the ground structure who may be hurt as a result
of the collision.
iv. Aviation Weather Sources and Effects of Weather on Small Unmanned
Aircraft Performance
    The NPRM proposed to test, on the initial and recurrent knowledge
test, knowledge of official sources of weather. The NPRM also proposed
to test on the initial knowledge test whether the applicant understands
the effects of weather and micrometeorology (weather on a localized and
small scale) on a small unmanned aircraft operation. The NPRM explained
that knowledge of weather is necessary for the safe operation of a
small unmanned aircraft because, due to the light weight of the small
unmanned aircraft, weather could have a significant impact on the
flight of the aircraft.
    One commenter recommended the removal of ``official'' from
``official weather sources,'' saying that operation of a UAS calls for
assessment of ``local'' weather conditions, and, furthermore, that
there are no clearly identified ``official sources of weather.''
Aviation Management suggested that official sources of weather be
excluded from the recurrent knowledge test.
    The FAA agrees with the commenter that there are no specific
``official sources of weather,'' and has removed that terminology from
this rule. However, the FAA emphasizes that there are several sources
of aviation weather useful to remote pilots. Accordingly, remote pilots
will be required to be familiar with aviation weather products such as
the ones provided by the National Weather Service through Flight
Service Stations, Direct User Access Terminal Systems (DUATS), and/or
Flight Information Services-Broadcast (FIS-B).\140\ While this rule
does not require the use of those sources of weather for planning
flights, aviation weather sources could

be a valuable resource for remote pilots that choose to use them. For
example, a remote pilot conducting an operation in an area with quickly
changing weather may wish to access weather information from an
aviation weather source for the most up-to-date weather data to ensure
that the small UAS operation will comply with the minimum visibility
and cloud clearance requirements of Sec.  107.51. The FAA notes that
aviation weather sources include weather data that can be used to
evaluate local weather conditions.\141\ Because there is no requirement
for remote pilots to use aviation weather products on an ongoing basis,
the FAA has removed this area of knowledge from the recurrent
aeronautical knowledge test.
---------------------------------------------------------------------------

    \140\ See Aeronautical Information Manual, ch. 1, sec. 1.
    \141\ Additional guidance on aviation weather for pilots can be
found in AC 00-6.
---------------------------------------------------------------------------

    Accordingly, this rule will include knowledge of aviation weather
sources and the effects of weather on small unmanned aircraft
performance on the initial knowledge test. Additionally, this rule will
include knowledge of the effects of weather on small unmanned aircraft
performance as an area of knowledge on the initial training course
available to part 61 pilot certificate holders because this is a UAS-
specific area of knowledge that is not included in the training and
testing required for a part 61 pilot certificate. The training course
will not include knowledge of aviation weather sources because that is
not a UAS-specific area of knowledge.
v. Small UAS Loading and Performance
    The NPRM proposed to include weight and balance as an area of
knowledge to be tested on the initial knowledge test to ensure that an
applicant for a remote pilot certificate knows how to calculate the
weight and balance of a small unmanned aircraft to determine impacts on
performance. The NPRM noted that in order to operate safely, operators
need an understanding of some fundamental aircraft performance issues,
including load balancing and weight distribution as well as available
power for the operation.
    University of Arkansas Division of Agriculture suggested that the
FAA's proposal suggests a lack of understanding by the FAA of these
lightweight aircraft. The commenter added that when they place a
battery or camera on their aircraft, it is immediately obvious if
something is not balanced.
    While the FAA agrees that in some circumstances the effect certain
loads may have on the weight, balance, and performance of the aircraft
may be obvious--such as adding a five pound weight to one side of a 0.5
pound small unmanned aircraft--other weight distributions and how they
affect the balance of the aircraft may be more difficult to surmise.
For example, it may not be intuitive for a remote pilot to determine
the effect a half-pound battery will have when added to a forty-pound
aircraft. Additionally, a remote pilot needs to understand the effect
that the added weight will have on the aircraft's operation over time.
For example, while a small unmanned aircraft may be balanced for the
first few flights after a weight is added, that weight may influence
the aircraft over time such that during later flights the aircraft is
no longer balanced and no longer flying safely.
    For these reasons, the FAA will include a section on the initial
knowledge test ensuring that a remote pilot applicant understands how
to calculate the weight and balance of a small unmanned aircraft and
the resulting impacts on performance. Because small unmanned aircraft
loading is a UAS-specific area of knowledge, the FAA will also include
it on the initial training course that part 61 pilot certificate
holders can take in place of the knowledge test.
vi. Emergency Procedures
    The NPRM noted that a small UAS airman may have to deal with an
emergency situation during a small UAS operation. As such, the NPRM
proposed to include an area of knowledge on the initial knowledge test
that would determine whether the applicant knows how to properly
respond to an emergency. The NPRM also proposed to include knowledge of
emergency procedures on the recurrent knowledge test because emergency
situations will likely be infrequent and as such, a certificate
holder's knowledge of emergency procedures may become stale over time.
The FAA did not receive adverse comments on including emergency
procedures on the initial knowledge test, and as such, this area of
knowledge will be included on the initial knowledge test.
    Turning to the recurrent knowledge test, Aviation Management
recommended that the FAA remove emergency procedures as an area of
knowledge covered on that test. The FAA declines to remove emergency
procedures from the recurrent knowledge test. As discussed in the NPRM,
emergency situations will likely arise infrequently, and as such, a
remote pilot's knowledge of emergency procedures may become stale over
time. Accordingly, including this area of knowledge on the recurrent
knowledge test will ensure that the remote pilot retains the knowledge
of how to properly respond to an emergency.
    Because this area of knowledge is UAS-specific, it will also be
included on the initial and recurrent training courses that can be
taken by part 61 pilot certificate holders instead of an initial or
recurrent knowledge test.
vii. Crew Resource Management
    The NPRM proposed to include crew resource management as an area of
knowledge to be tested on the initial and recurrent knowledge tests to
ensure that an applicant for a remote pilot certificate knows how to
function in a team environment, such as when visual observers are used
to assist a remote pilot. In those circumstances, the remote pilot
would be in charge of those observers and therefore need an
understanding of crew resource management.
    Several commenters, including the Small UAV Coalition, Princeton
University, and the Electronic Frontier Foundation, argued that crew
resource management may not be relevant for all small UAS operations
and, as such, should be removed from the knowledge test. Princeton
University added that crew resource management would be an irrelevant
area of knowledge for student operators who will be operating the
aircraft at a low altitude, for a limited distance, on university
property, and under the direct supervision of a faculty member.
Electronic Frontier Foundation stated that this area of knowledge is
irrelevant for micro UAS operations.
    One commenter suggested removal of crew resource management stating
it is ``overkill'' and is really just referring to possible
communications between the pilot and the visual observer. If kept, the
commenter suggested modifying it to ``Crew resource management as it
may pertain to operation of a small unmanned aircraft system.''
    The FAA acknowledges that not all small UAS operations will utilize
a visual observer or more than one manipulator of the controls of the
small unmanned aircraft. However, the FAA anticipates that many remote
pilots operating under part 107 will likely use a visual observer or
oversee other individuals that may manipulate the controls of the small
unmanned aircraft. In order to allow flexibility for certificated
remote pilots to determine whether or not to use a visual observer or
oversee other individuals manipulating the controls of the small
unmanned aircraft, the FAA must ensure that an applicant for a remote

pilot certificate is able to function in a team environment and
maximize team performance. This includes situational awareness, proper
allocation of tasks to individuals, avoidance of work overloads in self
and in others, and effectively communicating with other members of the
crew such as visual observers and individuals manipulating the controls
of a small UAS.
    The scenario Princeton University provided in its comment is
precisely the type of scenario that would require a certificated remote
pilot in command to have an understanding of crew resource management.
The remote pilot in command in Princeton University's scenario would be
supervising a student who is manipulating the controls of the small
unmanned aircraft. Therefore, the remote pilot in command in that
scenario would need to know how to effectively communicate and guide
his or her crew (the student). In response to Electronic Frontier
Foundation, the FAA notes that even remote pilots operating smaller UAS
may choose to use a visual observer or supervise other manipulators of
the controls.
    It is not necessary to change the title of this area of knowledge
because crew resource management correctly captures what this area of
knowledge will cover. The FAA also notes that this rule will include
crew resource management as an area of knowledge on the initial and
recurrent training courses available to part 61 pilot certificate
holders because this is a UAS-specific area of knowledge.
viii. Determining the Performance of the Small Unmanned Aircraft
    The NPRM proposed to include an area of knowledge on the initial
aeronautical knowledge test to ensure that an applicant knows how to
determine the performance of the small unmanned aircraft. Aviation
Management suggested that this area of knowledge be excluded from the
initial knowledge test because, the commenter argued, this knowledge is
unnecessary for all small UAS operations.
    The FAA will retain determining the performance of the small
unmanned aircraft as an area of knowledge on the initial knowledge
test. As discussed in section III.E.6.a.i of this preamble, the remote
pilot in command will be required to conduct a preflight assessment of
the area of operation and ensure that the small unmanned aircraft will
pose no undue hazard to other aircraft, people, or property if there is
a loss of positive control. In order to be able to do that, the remote
pilot in command will need to be able to assess how a small unmanned
aircraft will perform in a given operating environment. This area of
knowledge will determine whether an applicant for a remote pilot
certificate has acquired the knowledge necessary to conduct this
assessment.
    This rule will also include this area of knowledge on the initial
training course that can be taken by part 61 pilot certificate holders
instead of an initial knowledge test because it is a UAS-specific area
of knowledge.
ix. Physiological Effects of Drugs and Alcohol
    The NPRM proposed to include the physiological effects of drugs and
alcohol as an area of knowledge covered by the initial knowledge test.
The Electronic Frontier Foundation argued that knowledge of the effects
of drugs and alcohol is irrelevant for micro UAS operations and should
not be tested for pilots of a micro UAS.
    The FAA disagrees. As explained in the NPRM, there are many
prescription and over-the-counter medications that can significantly
reduce an individual's cognitive ability to process and react to events
that are happening around him or her. This can lead to impaired
decision-making, which could adversely affect the safety of any small
UAS operation. Accordingly, the initial aeronautical knowledge test
will include an area of knowledge to determine whether the applicant
understands how drugs and alcohol can impact his or her ability to
safely operate a small UAS.
x. Aeronautical Decision-Making and Judgment
    The NPRM proposed to include aeronautical decision-making and
judgment as an area of knowledge tested on the initial and recurrent
knowledge tests. Aviation Management suggested that this area of
knowledge be excluded from the knowledge tests because this knowledge
is unnecessary for all small UAS operations.
    The FAA disagrees. As discussed in the NPRM, even though small
unmanned aircraft will be limited to a relatively low altitude by the
provisions of this rule, they will still share the airspace with some
manned-aircraft operations. To safely share the airspace, a remote
pilot in command will need to understand the aeronautical decision-
making and judgment that manned aircraft pilots engage in so that he or
she can anticipate how a manned aircraft will react to the small
unmanned aircraft. Accordingly, this rule will retain aeronautical
decision-making and judgment as an area of knowledge covered on the
initial and recurrent knowledge tests.
xi. Airport Operations
    Noting that some small UAS operations could be conducted near an
airport, the NPRM proposed to include airport operations as an area of
knowledge tested on the initial and recurrent knowledge tests.
    Several commenters, including the Small UAV Coalition, Princeton
University, and Predessa, argued that airport operations may not be
relevant to all small UAS operations, and as such, should be removed
from the knowledge tests. The Electronic Frontier Foundation argued
that this area of knowledge is ``clearly irrelevant'' for micro UAS
flights conducted far away from airports.
    There are over 5,000 public use airports in the United States. As
such, the FAA expects that a number of small UAS operations may take
place near an airport. The FAA also expects that there could be
instances where a small unmanned aircraft unexpectedly ends up flying
near an airport due to adverse conditions, such as unexpectedly strong
winds that carry the aircraft toward the airport. In those instances,
the remote pilot in command will need to have an understanding of
airport operations so that he or she knows what actions to take to
ensure that the small unmanned aircraft does not interfere with airport
operations or traffic patterns. Accordingly, this rule will retain
airport operations as an area of knowledge tested on the initial and
recurrent knowledge tests.
xii. Radio Communication Procedures
    Finally, the NPRM proposed to include radio communication
procedures as an area of knowledge covered on the initial aeronautical
knowledge test.
    Several commenters, including Princeton University, Predesa, and
Aviation Management, argued that radio communications may not be
relevant for all small UAS operations and as such, should be removed
from the knowledge test. Predesa suggested that the FAA design a new
``Class G-only unmanned aircraft operator certificate with a small UAS
rating'' that, among other things, does not include radio communication
procedures as an area of knowledge that is tested on the knowledge
test. One commenter recommended removal of ``radio communication
procedures'' because there is no requirement for radio communications
of any sort with small UAS operations.
    As discussed earlier, the FAA expects that a number of small UAS
operations

will take place near an airport. That is why Sec.  107.43 prohibits a
small unmanned aircraft from interfering with airport operations or
traffic patterns. Understanding radio communication procedures will
assist a remote pilot in command operating near a Class G airport in
complying with this requirement. Understanding radio communication
procedures will assist a remote pilot in command operating near a Class
G airport in complying with this requirement if that pilot chooses to
use a radio to aid in his or her situational awareness of manned
aircraft operating nearby. As described in section 4-1-9 of the
Aeronautical Information Manual, manned-aircraft pilots may broadcast
their position or intended flight activity or ground operation on the
designated Common Traffic Advisory Frequency (CTAF). This procedure is
used primarily at airports that do not have an airport traffic control
tower, or have a control tower that is not in operation. Pilots of
radio-equipped aircraft use standard phraseology to announce their
identification, location, altitude, and intended course of action.
Self-announcing for arriving aircraft generally begins within 10
nautical miles of the airport and continues until the aircraft is clear
of runways and taxiways. Aircraft on the ground intending to depart
will begin to make position reports prior to entry of the runway or
taxiway and continue until departing the traffic pattern. Aircraft
remaining in the pattern make position reports on each leg of the
traffic pattern.
    Thus, knowledge of radio communication procedures will provide a
remote pilot in command with the ability to utilize a valuable
resource, CTAF, to help determine the position of nearby manned
aircraft. As such, this rule will retain this area of knowledge on the
initial aeronautical knowledge test.
xiii. Other Areas of Knowledge Suggested by the Commenters
    The NPRM invited comment on whether additional areas of knowledge
should be tested on the initial and recurrent knowledge tests. In
response, the FAA received comments listing additional areas of
knowledge that commenters would like to see on the knowledge tests. For
the reasons discussed below, the FAA will add a section on maintenance
and inspection to the initial and recurrent knowledge tests and the
online training courses. The FAA will not add any other areas of
knowledge to the knowledge tests or training courses.
    The National Transportation Safety Board (NTSB) suggested that the
test content should include awareness of lost-link failsafe procedures,
operator development, use of maintenance and inspection steps and
guides, and the characteristics and proper handling of lithium
batteries. The NTSB referred to an April 2006 accident involving a U.S.
Customs and Border Protection unmanned aircraft and encouraged the FAA
to review its recommendations and supporting information stemming from
that accident for potential lessons learned when developing guidance
material and specific content for the written knowledge tests outlined
in proposed part 107.
    The FAA notes that topics associated with lost-link failsafe
procedures will be covered by the area of knowledge testing an
applicant's understanding of the applicable small UAS regulations. With
regard to maintenance and inspection, the FAA has taken action by
adding maintenance and inspection knowledge test topic area
requirements to the initial and recurrent knowledge tests. The addition
of maintenance and inspection knowledge test topics will consist of
small UAS basic maintenance and inspection knowledge that is common to
all small UAS regardless of complexity. An understanding of maintenance
and inspection issues will ensure that remote pilots are familiar with
how to identify when a small unmanned aircraft is not safe to operate,
and how to maintain a small unmanned aircraft to mitigate the
possibility of aircraft failure during flight. Although this area of
knowledge will not cover every possible inspection and maintenance
method, it will provide a baseline of knowledge that will be useful to
all small UAS remote pilots.
    The FAA disagrees with NTSB's recommendation that the knowledge
test include a topic on the characteristics and proper handling of
lithium batteries. Under Sec.  107.36, small UAS are prohibited from
carriage of hazardous materials. When installed in the aircraft for use
as a power source (as opposed to carriage of spares or cargo), lithium
batteries are not considered hazardous material.\142\
---------------------------------------------------------------------------

    \142\ See 49 CFR 175.8(a)(2).
---------------------------------------------------------------------------

    NOAA suggested that the knowledge test include questions relating
to protecting and operating in the context of wildlife. The Ventura
Audubon Society also suggested that the FAA test an applicant's
understanding of Federal and State wildlife protection laws.
    The FAA is required by statute to issue an airman certificate to an
individual when the Administrator finds that the individual is
qualified and physically able to safely perform the duties authorized
by the certificate. See 49 U.S.C. 44703(a) (stating that the
Administrator ``shall issue'' an airman certificate to an individual
who is qualified and physically capable). Therefore, the FAA cannot
deny or delay the issuance of an airman certificate if an applicant has
demonstrated that he or she is qualified and physically able to safely
perform the duties authorized by the certificate. In this case, a
remote pilot certificate with small UAS rating authorizes the holder to
operate a small UAS safely in the NAS. Thus, under Sec.  44703(a), the
FAA is required to issue an airman certificate to an individual who has
demonstrated an ability to safely operate a small UAS, and may not
require that individual to also demonstrate an understanding of Federal
and State wildlife protection laws.
    The FAA emphasizes, however, that a small UAS operation may be
subject to other legal requirements independently of this rule. A
remote pilot in command is responsible for complying with all of his or
her legal obligations and should thus have a proper understanding of
wildlife protection laws in order to comply with the pertinent statutes
and regulations.
    Drone User Group Network suggested the following topics for the
knowledge test: the concepts of lift, weight, thrust and drag,
Bernoulli's principle, weight and balance, weather, situational
awareness, safety in preflight, in flight and post flight, battery
theory, radio frequency theory, electrical theory, understanding flight
modes, fail-safes, and aircraft types and limitations.
    The FAA notes that weight and balance, weather, and preflight
requirements will be tested under Sec.  107.73. The FAA agrees with the
commenter that technical topics such as principles of flight,
aerodynamics, and electrical theory may enhance the knowledge and
technical understanding of the remote pilot. However, these topics are
not critical subject areas for safe operation of small UAS. The FAA
includes many of these topics in the curriculum of part 61 knowledge
testing because they are critical knowledge areas for persons operating
an aircraft with passengers over populated areas that may need to
respond to an emergency resulting from engine failure, unexpected
weather, or onboard fire. Conversely, small UAS operations take place
in a contained area in a light-weight aircraft that has no people
onboard, so these topics are not applicable to the same extent as they
are to a manned-aircraft operation. However, the remote pilot in
command should familiarize him or herself with

all of the necessary information to be able to fly the unmanned
aircraft without causing damage to the aircraft.
    Southwest Airlines Pilots' Association encouraged the FAA to
require that operators be knowledgeable about Safety Management Systems
(SMS) and the Aviation Safety Reporting System (ASRS), which could be
used to collect data to support a risk managed growth of the industry
and the integration into the NAS.
    The FAA disagrees that SMS and ASRS systems should be covered on
the knowledge tests. Participation in a formal SMS program is currently
required only for part 121 operations, which are the largest and most
complex manned-aircraft operations regulated by the FAA. Requiring
small UAS to participate in this program would not be justified
considering the fact that the FAA does not require non-part-121 manned-
aircraft operations to have an SMS. Similarly, the FAA will not require
testing on ASRS knowledge because ASRS is not currently required
knowledge for part 61 pilot certificate holders.
k. Administration of the Knowledge Tests and Training Courses
    This section discusses how the initial and recurrent knowledge
tests and online training courses will be administered under this rule.
Specifically, this section addresses: (1) The location at which a
knowledge test can be taken; (2) the prohibition on cheating and
engaging in unauthorized conduct during a knowledge test; (3) the
identification of the test taker; and (4) retesting after failing a
knowledge test.
i. Location of the Knowledge Test and Online Option for Training Course
    Knowledge tests currently administered to prospective pilots under
14 CFR part 61 are created by the FAA and administered by knowledge
testing centers. A knowledge testing center is a private company that
has been approved to administer airman knowledge tests. These centers
are overseen by the FAA to ensure that the testing center meets FAA
requirements. The NPRM proposed to apply this existing framework to
knowledge testing under part 107. The NPRM also noted that the FAA
considered an online test-taking option, but ultimately rejected this
option due to concerns about cheating and the protection of personally
identifiable information (PII). The NPRM invited comments on whether
online testing should be permitted under this rule.
    For the reasons discussed below, the FAA will finalize this
provision as proposed with one exception. That exception is that the
training course available to part 61 pilot certificate holders in place
of an aeronautical knowledge test will be administered online rather
than at a knowledge testing center.
    Texas A&M University-Corpus Christi/LSUASC suggested that the FAA
UAS test sites should be involved in the training, testing, and
certification processes. NRECA suggested allowing NRECA members to
administer the tests for their employees. NRECA asserted that its
members already have extensive experience with training and testing,
and are well equipped to administer the testing contemplated in this
rule without compromising the integrity of such tests.
    Additionally, the Small UAV Coalition suggested that DPEs, ACRs,
CFIs, or other persons authorized by the Administrator be authorized to
conduct the aeronautical test and issue the certificate. These
commenters generally noted that these approaches would increase
efficiency regarding the issuance of unmanned aircraft operator
certificates with a small UAS rating.
    The Property Drone Consortium suggested that another way to
increase efficiency would be for the FAA to allow certain industries to
conduct internal training that would satisfy the requirement for
applicants to pass an initial aeronautical knowledge test given by an
FAA knowledge testing center. Property Drone Consortium and several
individuals also suggested that the FAA begin planning for the
establishment of testing centers so that there will be adequate
capacity for operators to take the initial small UAS operator
certification test.
    After considering the comments, the FAA has decided to use its
existing system of knowledge testing centers to administer the
aeronautical knowledge tests. There are currently about 700 knowledge
testing centers spread throughout the country. The FAA anticipates that
this system has adequate capacity for individuals to take the initial
aeronautical knowledge test. An updated list of commercial testing
center locations and contact information may be accessed at: https://www.faa.gov/training_testing/testing/media/test_centers.pdf.
    The FAA also has the ability to designate additional knowledge
testing centers if demand for the knowledge test exceeds existing
capacity and the existing knowledge testing centers become incapable of
meeting the increased demand, provided the FAA also has the ability to
provide adequate oversight. Airman Knowledge Testing Organization
Designation Authorization Holders are designated to administer airman
knowledge tests under the authority of FAA Orders 8100.15, 8080.6G and
49 U.S.C. 44702(d). To ensure FAA jurisdictional and surveillance
oversight, only companies, schools, universities, or other
organizations that meet the requirements of this order may be eligible
for designation. The FAA also notes that there is nothing in the final
rule that prohibits industries from conducting internal training for
employees to prepare them for the initial or recurrent aeronautical
knowledge test.
    A number of commenters, including the Professional Society of Drone
Journalists, AUVSI, and NBAA, supported allowing applicants to take
both the initial and recurrent aeronautical knowledge tests online.
NRECA, Cherokee Nation Technologies, and the Nez Perce Tribe pointed to
the benefits of online testing to applicants living in rural locations,
who would otherwise have to travel great distances to take the
knowledge test in-person.
    Other commenters, including AOPA, News Media Coalition, and New
Hampshire DOT, supported online testing for recurrent aeronautical
knowledge tests. Associated Builders and Contractors also recommended
allowing an online option for recurrent test takers, but said it should
be supervised. The commenter asserted that the FAA missed a number of
factors when looking at the economic impact on businesses and
individuals of allowing online testing.
    Several commenters addressed the FAA's concerns about positive
identification of applications and the need to protect applicants'
personally identifiable information (PII). NetMoby pointed out that
there are numerous Federal judicial filing systems which protect PII,
and recommended the FAA use these techniques to protect PII in online
testing. The Colorado Cattlemen's Association said the FAA can address
issues related to positive identification and PII protection through a
combination of existing driver's license databases and existing
measures used by the FAA to protect PII submitted by other applicants
and certificated airmen. Planehook Aviation stated that ensuring the
identity of test-takers in person using current ``identification
credential fidelity methods'' is just as subject to falsification as
pre-online testing identification verification. Airgon suggested that
FAA could draw from the experience of online universities to verify an
applicant's identity for

purposes of an online exam. The commenter noted that such techniques
include posing challenge questions with personal information about a
student, using video capture to record the student during the exam,
using biometrics such as voice recognition, and using video proctoring,
which connects a student to a live proctor who verifies the student's
identity.
    Other commenters addressed the FAA's concern that online test-
takers could cheat on the test. Two individual commenters asserted that
many cities allow drivers to take defensive driving courses online, and
asserted that if this method is sufficient for defensive driving
courses, it is more than sufficient for small UAS testing. Airgon
asserted that there are software programs, such as Examsoft, that lock
an examinee's computer, preventing the examinee from opening other
applications during a test. The commenter also noted that companies are
developing software that can track an examinee's keystrokes and other
activities during the test, such as opening another browser window,
talking on a phone, talking to someone else in the room, or using a
book. The commenter also suggested the FAA could impose time limits on
the test to limit the time available for an examinee to look up
information covered on the test. NRECA argued that the risk of cheating
is low and can be managed by requiring ``an appropriately worded sworn
certification by the test-taker.''
    Several commenters, including the National Association of State
Aviation Officials, NAFI, and Aerius, opposed online aeronautical
knowledge testing. Those commenters generally opposed online testing
for security purposes (i.e., difficulty of ensuring test-taker identity
and securing test-taker PII) and because of concerns about cheating.
Modovolate pointed out that it is not clear how online testing would
avoid impermissible reference to materials.
    Because an applicant for a remote pilot certificate with small UAS
rating is not required to pass a practical test, knowledge testing is
the only way for the FAA to determine that a remote pilot has the
requisite aeronautical knowledge to operate safely in the NAS.
Therefore, it is imperative that the testing methodology being used
assures that knowledge is demonstrated. The FAA is still evaluating
whether online testing technologies can provide adequate proctoring of
a test to ensure, among other things, that the test-taker is not taking
the test for someone else or using reference material or other
unapproved aids to help answer the test questions. Concerns with online
testing are not limited to cheating. Because the knowledge test
questions are pulled from a test bank with a finite number of
questions, limiting access to that database to knowledge testing
centers ensures the continued security and integrity of the test
questions.
    At this time, the FAA is aware of no other Federal agency that has
successfully implemented an online knowledge testing system for
imparting privileges that can directly affect the safety of
nonparticipating persons or property. The FAA acknowledges comments
pointing out that there are States that either have or are considering
online testing for driver's tests. However, in all cases, States
require an in-person practical driving test for issuing a driver's
license, which helps address concerns with online testing. Thus, the
States' online drivers' license testing model is not directly analogous
to the framework of this rule.
    The FAA notes, however, that the above concerns do not apply as
strongly to UAS-specific training for holders of part 61 pilot
certificates other than student pilot. These part 61 pilot certificate
holders have already passed extensive testing and training requirements
on general aeronautical knowledge and have gone through the positive
identification process in order to obtain a part 61 pilot certificate.
While part 61 pilot certificate holders may not have UAS-specific
knowledge (hence the requirement for the training course), the UAS-
specific knowledge is simply an application of general aeronautical
knowledge principles to a specific type of operation. Because part 61
pilot certificate holders have already demonstrated proficiency in
areas of general aeronautical knowledge, administering the training
course online would not pose a problem for this population of remote
pilot certificate applicants.
    The FAA acknowledges that technology in this area could evolve to
address its concerns with online testing (discussed earlier). The FAA
also notes that online testing would, if implemented, significantly
reduce the costs associated with part 107 by eliminating the travel
costs incurred as a result of a person having to physically travel to a
knowledge testing center. As such, the FAA will consider allowing the
initial and recurrent knowledge tests to be taken online if an online
system becomes available that allows a knowledge test to be
administered securely (with controls in place to prevent cheating) and
that allows the test taker to be positively identified without an in-
person interaction.
ii. Cheating or Engaging in Unauthorized Conduct
    To ensure that the aeronautical knowledge test is properly
administered, the NPRM proposed to prohibit an applicant from cheating
or engaging in other unauthorized conduct during the knowledge test.
This would include: (1) Copying or intentionally removing a knowledge
test; (2) giving a copy of a knowledge test to another applicant or
receiving a copy of the knowledge test from another applicant; (3)
giving or receiving unauthorized assistance while the knowledge test is
being administered; (4) taking any part of a knowledge test on behalf
of another person; (5) being represented by or representing another
person for a knowledge test; and (6) using any material not
specifically authorized by the FAA while taking a knowledge test.
Cheating or engaging in unauthorized conduct during a knowledge test
would be grounds for suspending or revoking the certificate or denying
an application for a certificate. In addition, a person who engages in
unauthorized conduct would be prohibited from applying for a
certificate or taking a knowledge test for a period of one year after
the date of the unauthorized conduct.
    The FAA did not receive any adverse comments on this component of
the proposed rule. Accordingly, this rule will finalize the cheating or
engaging-in-unauthorized-conduct provisions of the NPRM as proposed. 14
CFR 107.69.
iii. Identification of the Test-Taker
    The NPRM proposed to ensure that an applicant who is about to take
the knowledge test is properly identified by requiring the applicant to
present identification to the knowledge testing center prior to taking
the knowledge test. This identification would have to include the
applicant's: (1) Photograph; (2) signature; (3) date of birth, which
shows the applicant meets or will meet the age requirement for a remote
pilot certificate; and (4) the applicant's current residential address.
For the reasons discussed below, this rule will finalize this aspect of
the NPRM as proposed.
    An individual commenter questioned an apparent contradiction in the
NPRM, which would allow knowledge testing centers to verify an
applicant's identification for the purposes of administering a
knowledge test but would prohibit knowledge testing centers from
verifying identification for the purposes of submitting an airman
application. The commenter added that if the goal of this rule is to
achieve the least burdensome process, then

knowledge testing centers should be permitted to verify a person's
identification for both testing and application submission to the FAA.
    The FAA acknowledges the positive identification conducted by the
knowledge testing centers, and has determined that there is no need to
repeatedly identify a person who has already been positively identified
for the purposes of taking the knowledge test. Accordingly, as
discussed later in section III.F.l, this rule will allow an applicant
to submit his or her remote pilot application without having to be
positively identified a second time.
iv. Retesting After Failure
    The NPRM noted that some applicants may fail the initial
aeronautical knowledge test the first time that they take it. To ensure
that those applicants take the time to do additional studying and/or
training (rather than simply take the test over and over again), the
NPRM proposed to require that a person who fails the aeronautical
knowledge test must wait 14 calendar days before retaking it. For the
reasons discussed below, this rule will finalize this provision as
proposed in the NPRM. 14 CFR 107.71.
    One commenter suggested that an applicant who fails the knowledge
test should be required to receive additional training in the area(s)
of deficiency and receive an endorsement from a flight instructor in
order to retake the test. The commenter rationalized that this would be
consistent with current policy for pilot applicants with regards to
failure and retesting, and will enhance safety by ensuring some level
of oversight in the training process.
    A person who fails the aeronautical knowledge test will receive a
knowledge test report pointing out the areas of knowledge on which he
or she did not test well. That person will then have 14 days to conduct
additional study or training in those areas of knowledge prior to
retaking the knowledge test. Specifying a prescriptive method of study
is not necessary in this rule. Instead, the applicant will be
incentivized to select the method of study that works best for him or
her.
l. Transportation Security Administration Vetting and Process for
Issuance
i. TSA Vetting and Temporary Remote Pilot Certificates
    Prior to the issuance of a remote pilot certificate with a small
UAS rating, the NPRM proposed requiring all applicants to be vetted by
the Transportation Security Administration (TSA). Under the proposed
rule, the FAA would transmit an airman certificate applicant's
biographical information for security vetting to TSA and issue an
airman certificate only after receiving a successful response from TSA.
However, if TSA determines that an airman certificate applicant poses a
security risk, 49 U.S.C. 46111 requires the FAA to deny the application
for a certificate or amend, modify, suspend, or revoke (as appropriate)
any part of an airman certificate based on TSA's security findings.
    Additionally, the proposed rule would have required an applicant
for a remote pilot certificate with a small UAS rating to submit the
application to a Flight Standards District Office (FSDO), a designated
pilot examiner (DPE), an airman certification representative (ACR) for
a pilot school, a certificated flight instructor (CFI), or other
persons authorized by the Administrator. The person accepting the
application submission would be required to verify that the identity of
the applicant matches the identity that is provided on the application.
    For the reasons discussed below, this rule will, with one
exception, allow an applicant who has passed the aeronautical knowledge
test to submit an application for a remote pilot certificate directly
to the FAA without having to travel to a Flight Standards District
Office (FSDO), designated pilot examiner (DPE), airman certification
representative (ACR), or certificated flight instructor (CFI). Holders
of a part 61 pilot certificate who elect to take the online training
course instead of the aeronautical knowledge test will, as proposed in
the NPRM, be required to submit their certificate to a FSDO, DPE, ACR,
or CFI in order to verify their identity. Part 61 pilot certificate
holders will be issued a temporary remote pilot certificate immediately
upon acceptance of their certificate application while all other
applicants will be issued a temporary remote pilot certificate upon
successful completion of TSA security vetting.
    Many commenters, including Google, NAMIC, and Edison Electric
Institute, agreed that applicants for a remote pilot certificate with a
small UAS rating should be vetted by TSA as a prerequisite for
obtaining a certificate. The City and County of Denver noted that a
specific vetting mechanism is not detailed in the proposed regulations,
and recommended that the FAA expressly require a completed Security and
Threat Assessment (STA) as a prerequisite for obtaining an operating
license. Virginia Commonwealth University Honors Students recommended
that the vetting process include a criminal background check and that
FAA decline operators who have been charged with a violent or sexual
crime. The American Fuel & Petrochemical Manufacturers and the IME
suggested that the FAA state explicitly in the final rule that failing
the security threat assessment will disqualify an individual from
obtaining an unmanned aircraft operator certificate with a small UAS
rating. These and other commenters also generally noted that the FAA
should ensure that there is a redress procedure for cases where an
individual believes he or she improperly failed the security threat
assessment. IME recommended that the certificate action processes
codified in 49 U.S.C. 46111, including revocations, hearings, timely
appeals and reviews, be included in the final rule.
    The governing statute requires that ``individuals are screened
against all appropriate records in the consolidated and integrated
terrorist watchlist maintained by the Federal Government before . . .
being certificated by the Federal Aviation Administration.'' 49 U.S.C.
44903(j)(2)(D)(i). Also, if TSA determines that an applicant poses a
security risk as a result of the security vetting, 49 U.S.C. 46111
requires the FAA to deny that applicant's certificate application or
amend, modify, suspend, or revoke (as appropriate) any part of an
airman certificate based on the TSA's security findings.
    The current certificate vetting program that the TSA administers
satisfies the statutory vetting requirements. The FAA collects and
provides the biographic information of FAA Airmen Certificate
applicants, certificate holders, and those applying for airmen
certificates on the basis of a foreign license to TSA for use in the
security vetting. Under this final rule, the FAA will leverage the
current process for the vetting of remote pilot certificate applicants.
As stated in the NPRM and in accordance with the governing statute, the
FAA may issue certificates to individuals who have first successfully
completed an STA conducted by the TSA. The STA that TSA conducts
adheres to the statutory mandate to vet certificate applicants against
the government's consolidated terrorist watchlists to determine whether
they may pose a threat to national or transportation security. The FAA
defers to TSA's established STA, and TSA's determination of what
factors, such as items contained within an individual's criminal
record, will rise to the level of disqualification for a remote pilot
certificate. The authority

for TSA to establish these criteria and make this determination is
codified in 49 U.S.C. 44903(j)(2)(D)(i). Because section 44903 vests
the pertinent authority in the TSA, the Department cannot, in this DOT
rulemaking, specify what factors the TSA should consider to be
disqualifying.
    Additionally, TSA provides a substantial amount of due process to
individuals who believe that they improperly failed an STA.
Specifically, upon finding that an individual poses a security threat,
the TSA issues a Determination of Security Threat to the individual.
That individual may then make a written request for copies of
releasable materials upon which the Determination of Security Threat
was based. The TSA must respond no later than 60 days after receiving
the request, and the individual may submit a written reply to the TSA's
response. Upon receiving TSA's response, an individual who is a citizen
of the United States is entitled to a hearing on the record in front of
an administrative law judge (ALJ). That individual may then appeal the
results of the hearing to the Transportation Security Oversight Board.
If unsatisfied with the results of this appeal, the individual can
obtain further review of the decision in Federal court.
    Non-citizen U.S. nationals (which generally includes individuals
born in American Samoa and Swains Island) and permanent residents may
also have a hearing before the ALJ, but the ALJ's decision is reviewed
by the TSA. TSA's decision on appeal is a final agency action
appealable to a Federal court. A foreign national does not have the
right to a hearing before an ALJ, but may seek review of the final
agency decision in Federal court.
    SkyView recommended that the FAA collect and verify additional
information such as email address or home/cell phone numbers that could
be used to contact the applicant quickly should the need arise. NBAA
asserted that it had reviewed TSA's STA requirements, which the
association said seem to presume that a larger organization is involved
rather than an individual. The association subsequently questioned how,
in cases where an operator is a single person, the FAA and TSA plan to
address requirements that NBAA believes were developed for larger, more
complex organizations.
    In response to Skyview's comment asking the FAA to collect
applicant contact information, the FAA notes that an applicant will be
required to provide pertinent contact information on the application
for a remote pilot certificate. Additionally, the FAA clarifies that
the STAs that are currently being conducted by TSA for the FAA Airmen
Certification Branch are being conducted for individuals, not
organizations.
    Several commenters suggested amending the TSA vetting process,
creating exceptions for certain individuals, or eliminating the
requirement altogether. Commenters, including Event 38 Unmanned
Systems, Associated General Contractors of America, and Edison Electric
Institute, expressed concern over the estimated 6-to-8-week time-frame
between receipt of an application and issuance of a remote pilot
certificate with small UAS rating as proposed in the NPRM. It is
important to note that TSA's security vetting is complete in less than
7 days unless derogatory information related to the applicant is
discovered and must be investigated to complete the STA.
    Several commenters, including the Electronic Frontier Foundation,
Washington Aviation Group, and Event 38 Unmanned Systems, opposed the
requirement for small UAS operator applicants to undergo a TSA
background check prior to receiving their operator certificate. Many of
these commenters pointed out that it is highly unlikely that an
individual who poses a threat to national security would seek to obtain
an airman certificate and go through the TSA vetting process.
    Several commenters argued that pre-screening applicants is
extremely burdensome for entrepreneurs and small businesses, and
creates a barrier to market entry. Some commenters argued that 49
U.S.C. 46111 does not require the FAA to wait until hearing back from
TSA prior to granting the certificate, or that it does not confer the
authority to pre-screen applicants for an airmen certificate. One
commenter suggested that the knowledge testing centers be able to issue
temporary certificates upon passing the knowledge test, which could be
revoked if the TSA vetting process indicated that the individual should
not be issued a remote pilot certificate.
    As discussed previously, 49 U.S.C. 44903(j)(2)(D)(i) is unambiguous
and states that the vetting must be completed before the FAA may issue
an airman certificate. Given the relatively short time the vetting
takes for the overwhelming majority of applicants, it is difficult to
identify a burden that is not outweighed by the clear benefit of
ensuring that certificate holders do not pose a threat to national or
transportation security. Section 44903(j)(2)(D)(i) explicitly states
that TSA screening of an individual must take place ``before'' that
individual is certificated by the FAA.
    In addition, 49 U.S.C. 44903(j)(2)(D) and 46111 vest the authority
for vetting with TSA. Specifically, section 46111(a) states that
``[t]he Administrator of Federal Aviation Administration shall issue an
order amending, modifying, suspending, or revoking any part of a
certificate issued under this title if the Administrator is notified by
the Under Secretary for Border and Transportation Security of the
Department of Homeland Security that the holder of the certificate
poses, or is suspected of posing, a risk of air piracy or terrorism or
a threat to airline or passenger safety.'' (Emphasis added). Thus,
under Sec.  46111, the FAA's role in the vetting process is
ministerial; the FAA acts on findings that have been made by the TSA,
but it is TSA that makes the actual security determinations. Because
the authority for making the pertinent security determination is vested
with TSA, the Department does not have jurisdiction to alter the
criteria and requirements of that determination in the manner suggested
by the commenters.
    The FAA acknowledges, however, the commenters' concern regarding
the estimated 6-to-8-week timeframe associated with processing the
certificate application. In response, this rule will allow an applicant
who already holds a part 61 pilot certificate to obtain a temporary
remote pilot certificate immediately upon FAA receipt of his or her
application. The FAA is able to issue a temporary remote pilot
certificate to part 61 pilot certificate holders prior to completion of
new security vetting because these individuals have already been
successfully completed the TSA vetting when they obtained their part 61
pilot certificates.
    The FAA will also issue a temporary electronic remote pilot
certificate to all other applicants who apply through IACRA upon
successful completion of TSA security vetting. The FAA anticipates
that, while it may take the FAA 6 to 8 weeks to issue a permanent
remote pilot certificate, a temporary remote pilot certificate can be
issued in about 10 business days. The temporary remote pilot
certificate will allow the certificate holder to exercise all the
privileges of the certificate, thus significantly reducing the waiting
period prior to being able to operate as a remote pilot in command
under part 107.
    Just like a temporary pilot certificate issued under part 61,\143\
a temporary remote pilot certificate with a small

UAS rating will be valid for 120 days after issuance. This will provide
sufficient time for the FAA to complete its processing of the
certificate application and issue the applicant a permanent remote
pilot certificate. The temporary certificate will automatically expire
once the applicant receives a permanent remote pilot certificate with a
small UAS rating. The temporary certificate will also expire if the FAA
discovers an issue with the certificate application and issues the
applicant a notice that his or her certificate application is denied or
the certificate (if one has already been issued) is revoked.
---------------------------------------------------------------------------

    \143\ See 14 CFR 61.17.
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    The FAA defers to TSA on whether current part 61 pilot certificate
holders will have to continue to undergo the vetting process in order
to receive a non-temporary remote pilot certificate with a small UAS
rating. The FAA also notes that applicants who have passed STAs for
other federal programs, received background checks, or hold U.S.
passports will still need to satisfy TSA's STA specific to the statute
that requires security vetting prior to issuance of an airmen's
certificate (49 U.S.C. 44903). The FAA does not have jurisdiction to
accept alternative documentation instead of a TSA security finding
because, as discussed earlier, 49 U.S.C. 44903(j)(2)(D) and 46111 vest
the pertinent jurisdiction in the TSA. In response to DJI, the FAA
notes that a complete TSA vetting process is an integral part of the
requirements of this rule because it reduces the risk of a person who
poses a security threat obtaining an airman certificate under part 107.
ii. Issuance and Positive Identification
    Regarding issuance and positive identification, many commenters
suggested changes to the FAA's current process and responsibilities for
testing, acceptance of airman applications, and issuance of airman
certificates that would only apply to unmanned aircraft operator
certificates with a small UAS rating. AirGon, as well as another
individual commenter, generally suggested that the knowledge testing
centers process the applications, verify the identity of the applicant
and submit the applications to TSA.
    As discussed in section III.F.2.k.iii above, knowledge testing
centers will be required to positively verify the identity of the
applicant prior to providing him or her with a knowledge test to ensure
that someone else is not taking the test for the applicant. The NPRM
proposed that an applicant who passes a knowledge test would then have
to be positively identified a second time by a FSDO, DPE, ACR, or CFI.
This second identification would impose a burden in the form of travel
costs and service fees (charged by DPEs, ACRs, and CFIs) without
benefits sufficient to justify this burden, as the applicant has
already been positively identified. Accordingly, this rule will not
require applicants who pass an aeronautical knowledge test to submit
their application to a FSDO, DPE, ACR, or CFI. Instead these applicants
may submit their paper application via mail or electronically via
IACRA.
    The FAA notes, however, that as discussed previously, part 61 pilot
certificate holders who have completed a flight review within the
previous 24 months will have the option to take an online training
course instead of an aeronautical knowledge test. Because part 61 pilot
certificate holders who elect to exercise this option will not be
positively identified at a knowledge testing center, this rule will
require them to submit their remote pilot application to a FSDO, DPE,
ACR, or CFI so that the person accepting their application can
positively verify the identity of the applicant and establish that the
applicant has met the eligibility requirements of the remote pilot
certificate with small UAS rating.
    Under this approach, FSDOs, DPEs, and ACRs, who can currently
accept applications for an airman certificate, will continue doing so
for part 61 pilot certificate holders who take the online training
course instead of a knowledge test. Additionally, as proposed in the
NPRM, CFIs will also be able to accept remote pilot certificate
applications because CFIs are recognized by TSA regulations as being
able to verify identity.\144\ The FAA notes that there is an
approximate combined total of 100,000 DPEs, ACRs, and CFIs, all of whom
will be able to accept an airman application and verify identity of
part 61 pilot certificate holders under this rule.
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    \144\ See 49 CFR 1552.3(h)(1).
---------------------------------------------------------------------------

    ALPA questioned the use of the term ``student pilot'' in the TSA
vetting section of the NPRM. The FAA acknowledges the terminology
should have been ``applicant for remote pilot certificate with small
UAS rating'' and will correct the terminology in the final rule
accordingly.
3. Remote Pilot Certificate Denial, Revocation, Suspension, Amendment,
and Surrender
    As proposed in the NPRM, this rule will allow the FAA to deny,
suspend, or revoke a certificate for reasons including drug or alcohol
offenses and refusal to submit to an alcohol test or furnish the
results.\145\ Additionally, as discussed in the Remote Pilot
Certificate Issuance and Eligibility section of this preamble, this
rule will allow the FAA to deny, suspend, or revoke a certificate if
TSA makes a finding that the applicant or certificate holder poses a
security risk. This rule will also require certificate holders to
notify the FAA of any change in name or address. Finally, certificate
holders will be able to voluntarily surrender their certificates.
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    \145\ These requirements are similar to the ones imposed on part
61 pilot certificates by Sec. Sec.  61.15(a) and 61.16.
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a. Drugs and Alcohol Violations
    The FAA adopts the provisions related to drug and alcohol
violations as proposed in the NPRM. Accordingly, under Sec.  107.57(a),
the FAA may deny a remote pilot certificate application or take other
certificate action for violations of Federal or State drug laws.
Certificates could also be denied, suspended, or revoked under Sec.
107.57(b) for committing an act prohibited by Sec.  91.17 or Sec.
91.19, as discussed in section III.I of this preamble.
    One commenter stated that any remote pilot should lose his or her
privileges under part 107 if found to be operating while in a condition
that does not permit safe operation of the small UAS. Another commenter
suggested that remote pilot certificates should be denied, suspended or
revoked for committing an act prohibited by 14 CFR 91.17 or Sec.
91.19.
    The FAA agrees. Under this rule, if a person violates Sec.  91.17
or Sec.  91.19, the FAA can take enforcement action, which may result
in the imposition of civil penalties or suspension or revocation of
that person's airman certificate. Section 107.59 of this rule specifies
that certificate action could be taken for: (1) failure to submit to a
blood alcohol test or to release test results to the FAA as required by
Sec.  91.17; or (2) carriage of illegal drugs in violation of Sec.
91.19.
b. Change of Name
    Section 107.77(a) will allow a person holding a remote pilot
certificate with a small UAS rating to change the name on the
certificate by submitting a name-change application to the FAA
accompanied by the applicant's: (1) Remote pilot certificate; and (2)
copy of the marriage license, court order, or other document verifying
the name change. After reviewing these documents, the FAA will return
them to the applicant. These procedures mirror the regulations
governing pilot

certificates currently issued under part 61. The FAA did not receive
any adverse comments on these provisions when they were proposed in the
NPRM.
c. Change of Address
    This rule will extend the existing change-of-mailing-address
requirement of part 61 to holders of a remote pilot certificate with a
small UAS rating. Specifically Sec.  107.77(c) will require a
certificate holder who has made a change in permanent mailing address
to notify the FAA within 30 days of making the address change. Failure
to do so will prohibit the certificate holder from exercising the
privileges of the airman certificate until he or she has notified the
FAA of the changed address. This regulatory provision will help ensure
that the FAA is able to contact airman certificate holders. The FAA did
not receive any adverse comments on this provision when it was proposed
in the NPRM.
d. Voluntary Surrender of Certificate
    Section 107.79 will allow the holder of a remote pilot certificate
with a small UAS rating to voluntarily surrender it to the FAA for
cancellation. However, the FAA emphasizes that cancelling the
certificate pursuant to Sec.  107.79 will mean that the certificate no
longer exists, and the individual who surrendered the certificate will
need to again go through the entire certification process if he or she
subsequently changes his or her mind. For individuals who are not part
61 pilot certificate holders, this includes passing the initial
aeronautical knowledge test. Accordingly, Sec.  107.79(b) will require
the individual surrendering the certificate to include the following
signed statement (or an equivalent) in his or her cancellation request:

    I voluntarily surrender my remote pilot certificate with a small
UAS rating for cancellation. This request is made for my own reasons
with full knowledge that my certificate will not be reissued to me
unless I again complete the requirements specified in Sec.  107.61
and Sec.  107.63.

    The FAA did not receive any adverse comments on this provision when
it was proposed in the NPRM.
e. Additional Comments on Remote Pilot Certificate
    Several commenters, including National Business Aviation
Association, the State of Nevada, and Southern Company, agreed that
unmanned aircraft operator certificates with a small UAS rating should
not expire. On the other hand, two commenters suggested that the
certificate should expire every 2 years, and that the FAA should
require passing the recurrent knowledge test for renewal. The American
Insurance Association said that employees of insurance companies who
operate micro UAS should only have to be certificated once and there
should be no annual two year renewal unless the insurance company
elects to replace its selected micro UAS.
    NetMoby commented that an unmanned aircraft operator certificate
with a small UAS rating should be automatically revoked if the remote
pilot fails a recurrent aeronautical knowledge test. Other commenters
suggested that there should be a process for the FAA to revoke an
unmanned aircraft operator certificate with a small UAS rating if the
operator operates a UAS in an unsafe manner. NetMoby also suggested
that a remote pilot who violates the prohibition regarding UAS
operation in certain airspace should have their unmanned aircraft
operator certificate with a small UAS rating revoked for life.
    As with other pilot certificates issued by the FAA, a remote pilot
certificate with a small UAS rating will never expire. However, under
the provisions of this rule, after a person receives a remote pilot
certificate with a small UAS rating, that person will have to
demonstrate that they have retained the required aeronautical knowledge
in order to retain the privileges to operate a small unmanned aircraft.
As discussed in section III.F.2.g of this preamble, a remote pilot who
does not hold a part 61 pilot certificate will have to pass a recurrent
aeronautical knowledge test given by an FAA knowledge testing center
every 24 calendar months after the issuance of a new remote pilot
certificate with a small UAS rating to continue to exercise the
privileges of that certificate in the NAS. A remote pilot who holds a
part 61 pilot certificate will have to either maintain a current flight
review and complete an online recurrent training course every 24
calendar months, or pass a recurrent aeronautical knowledge test as
described above. This will ensure that a remote pilot continues to
retain the knowledge necessary to safely operate a small unmanned
aircraft.
    The FAA disagrees with comments suggesting automatic revocation of
the certificate if a remote pilot fails a recurrent aeronautical
knowledge test. Revoking the airman certificate would impose the cost
of having to eventually reissue the certificate on FAA and TSA without
a corresponding safety benefit. A certificate holder unable to show
that he or she has passed either the initial or recurrent knowledge
test within the preceding two-year period, or has maintained a current
flight review and completed the online training course within the
preceding two-year period, will be unable to exercise the privileges of
his or her certificate until he or she meets the applicable currency
requirements.
    In response to comments asking the FAA to establish penalties for
certain regulatory violations, the FAA clarifies that there already
exists a process for addressing regulatory violations, which can be
found in 14 CFR part 13. Part 13 specifies the penalties that the FAA
may impose in response to a regulatory violation, and, in appropriate
circumstances, those penalties may include the revocation of an
individual's airman certificate.\146\ The FAA has also issued guidance
on potential sanctions that may be imposed for specific regulatory
violations. This guidance can be found in Chapter 7 and Appendix B of
FAA Order 2150.3B.
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    \146\ See 14 CFR part 13, subpart C.
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G. Registration and Marking

    The NPRM proposed applying to small UAS the then-existing
registration requirements that applied to all aircraft. The NPRM also
proposed requiring that all small UAS have their registration and
nationality marks displayed in accordance with Subpart C of part 45.
    Approximately 125 commenters provided input on the proposed
registration requirement or the associated process, with most
commenters stating that it was a reasonable or necessary requirement.
Of the roughly 110 commenters that addressed the proposed marking
requirements, most supported requiring identification markings on small
UAS.
    On December 16, 2015, subsequent to the issuance of the NPRM for
this rule, the FAA published the Registration and Marking Requirements
for Small Unmanned Aircraft interim final rule (Registration
Rule).\147\ In the Registration Rule, the FAA considered and addressed
the comments it received in response to the registration and marking
proposals in the NPRM for this rule. As a result, the Registration Rule
provided a streamlined and simple web-based aircraft registration
process for the registration of small unmanned aircraft, as well as a
simpler method for marking small unmanned aircraft. The Registration
Rule invited further comment on its contents and the FAA will consider
any significant issues that are raised by the commenters.
---------------------------------------------------------------------------

    \147\ Registration and Marking Requirements for Small Unmanned
Aircraft, 80 FR 78594 (Dec. 16, 2015).
---------------------------------------------------------------------------

    Because the registration and marking components that were
originally part of

the NPRM for this rule are now being addressed in a different
rulemaking (the Registration Rule), these components are no longer a
part of this rule. Thus, instead of imposing any new registration or
marking requirements, this rule will simply require that any person
operating a civil small UAS for purposes of flight comply with the
existing requirements of Sec.  91.203(a)(2). Section 91.203(a)(2)
requires a person operating a civil small unmanned aircraft to have an
effective U.S. registration certificate that is readily available to
the owner or operator, as applicable.\148\
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    \148\ Id. at 78623.
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H. Fraud and False Statements

    Currently, the U.S. criminal code prohibits fraud and falsification
in matters within the jurisdiction of the executive branch.\149\ The
FAA too may impose civil sanctions in instances of fraud and
falsification in matters within its jurisdiction.\150\
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    \149\ 18 U.S.C. 1001.
    \150\ The FAA has exercised this power in 14 CFR 61.59, 67.403,
121.9, and 139.115, which currently impose civil prohibitions on
fraud and false statements made in matters within the FAA's
jurisdiction.
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    The NPRM proposed to prohibit a person from making a fraudulent or
intentionally false record or report that is required for compliance
with the provisions of part 107. The NPRM also proposed to prohibit a
person from making any reproduction or alteration, for a fraudulent
purpose, of any certificate, rating, authorization, record, or report
that is made pursuant to part 107. Finally, the NPRM proposed to
specify that the commission of a fraudulent or intentionally false act
in violation of Sec.  107.5(a) could result in the denial, suspension,
or revocation of a certificate or waiver issued by the FAA pursuant to
this proposed rule. For the reasons discussed below, this rule will
finalize these provisions as proposed with some minor revisions for
clarification purposes.
    Three organizations and one individual commented on the proposal to
prohibit fraud and false statements, and all of those commenters
generally supported the proposal. For example, the Small UAV Coalition
stated that they support the FAA's proposal to prohibit intentionally
false or fraudulent documents used to show compliance with part 107,
and added that such false or fraudulent records or reports warrant
enforcement action. One individual supported ``heavy fines or jail''
for those providing false information.
    Two commenters, the University of North Dakota's John D. Odegard
School of Aerospace Sciences and the Institute of Makers of Explosives,
requested clarification as to the penalties that could be imposed for
violating the prohibition on fraud and false statements. The University
of North Dakota's John D. Odegard School of Aerospace Sciences asked
whether FAA Order 2150.3B would be applicable in its existing form to
operations under part 107 and if so, whether the sanctions guideline
ranges described in that publication are appropriate for violations of
part 107.
    Subpart C of 14 CFR part 13 specifies the penalties that the FAA
may impose in response to a regulatory violation. To provide further
clarity, the FAA has amended Sec.  107.5 with a list of potential
sanctions that could be imposed in response to a violation of Sec.
107.5. Those sanctions may, among other things, include a civil penalty
or certificate action. The FAA has also issued generally applicable
guidance on sanctions that may be imposed for regulatory violations,
which can be found in FAA Order 2150.3B. The FAA is currently
considering whether Order 2150.3B addresses UAS-specific considerations
that may arise in enforcement actions under part 107, and the agency
may revise this order, as appropriate, to reflect this consideration.

I. Oversight

    This section discusses two aspects of FAA oversight of part 107
small UAS operations. First, this section discusses inspection,
testing, and demonstration of compliance requirements applicable to a
part 107 operation. Second, this section discusses the accident-
reporting requirements that part 107 will impose on the remote pilot in
command.
1. Inspection, Testing, and Demonstration of Compliance
    The FAA's oversight statutes, codified at 49 U.S.C. 44709 and
46104, provide the FAA with broad investigatory and inspection
authority for matters within the FAA's jurisdiction. Under section
46104, the FAA may subpoena witnesses and records, administer oaths,
examine witnesses, and receive evidence at a place in the United States
that the FAA designates. Under section 44709, the FAA may ``reinspect
at any time a civil aircraft, aircraft engine, propeller, appliance,
design organization, production certificate holder, air navigation
facility, or agency, or reexamine an airman holding a certificate
issued [by the FAA].''
    The NPRM proposed to codify the FAA's oversight authority in
proposed Sec.  107.7. First, Sec.  107.7 would require the airman,
visual observer, or owner of a small UAS to, upon FAA request, allow
the FAA to make any test or inspection of the small unmanned aircraft
system, the airman, and, if applicable, the visual observer to
determine compliance with the provisions of proposed part 107. Second,
Sec.  107.7 would require an airman or owner of a small UAS to, upon
FAA request, make available to the FAA any document, record, or report
required to be kept by the applicable FAA regulations. For the reasons
discussed below, this rule will finalize these provisions as
proposed.\151\
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    \151\ The original provisions in the NPRM referred to
``operator.'' However, due to the change in crewmember titles
(discussed in section III.E.1 of this preamble), the term
``operator'' has been replaced by the remote pilot in command.
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    The Department of Defense Policy Board on Federal Aviation
suggested that Sec.  107.7(a) be reworded to limit its applicability to
``civil operators,'' not operators in general. The commenter asserted
that this change would preserve public operators' statutory
authorities.
    As discussed in section III.C.3 of this preamble, the applicability
of part 107 is limited to civil aircraft. Thus, part 107 will not apply
to public aircraft operations. Because public aircraft operations will