FAA Over People – FAA approves AVSS’s Means of Compliance

(New Brunswick, Canada) – AVSS – Aerial Vehicle Safety Solutions Inc. (AVSS) is pleased to announce that the FAA has approved the AVSS Means of Compliance (MOC) for Category 2 and Category 3 flight over people operations.

From the FAA’s Notice of Availability that was published today:
This document announces the acceptance of a means of compliance with FAA regulations for small unmanned aircraft (sUA) Category 2 and Category 3 operations over human beings. The Administrator finds that AVSS’s means of compliance for small unmanned aircraft, revision 5.0, dated January 10, 2024, provides an acceptable means, but not the only means, of showing compliance with FAA regulations.

This notification of availability serves as a formal acceptance by the FAA of the AVSS’s “Means of Compliance with §§ 107.120(a) and 107.130(a) for Small Unmanned Aircraft,” revision 5.0, as an acceptable means of compliance, but not the only means of compliance with §§ 107.120(a) and 107.130(a). Applicants may also propose alternative means of compliance for FAA review and possible acceptance.

In 2020, AVSS began working on a MOC to satisfy the requirements for the proposed FAA, flight over people rules with key partners. In the fall of 2021, AVSS submitted the MOC to the FAA. Today, we can announce that the new MOC approved by the FAA will open up the opportunity to fly over people with the AVSS parachute recovery systems across the US. AVSS is the first drone parachute recovery system manufacturer to have its proprietary MOC that can be used for Declarations of Compliance (DOC). This MOC was built in collaboration with a key partner, Biokinetics, and will include parachute testing with the FAA test site, NUAIR. This proprietary MOC includes parachute testing, crash testing, MPWC calculations, flight termination systems, safety defect mitigation, and notification processes. This AVSS MOC is a major step for the US market and will directly benefit AVSS’s parachute recovery system end users and manufacturers. Instead of applying for a waiver for Part 107.39 (over people), pilots simply need the required drone and parachute combination from AVSS.

About Category 2 and Category 3 Compliance:Category 2 and Category 3 provide performance-based eligibility and operating requirements when conducting operations over people using unmanned aircraft that weigh more than .55 pounds but do not have an airworthiness certificate under part 21.In addition, for Category 2 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.Category 3 small UAS have further operating restrictions. A remote pilot in command may not operate a small unmanned aircraft over open-air assemblies of human beings. Additionally, a remote pilot in command may only operate a small unmanned aircraft over people if:The operation is within or over a closed- or restricted-access site and all people on site are on notice that a small UAS may fly over them; orThe small unmanned aircraft does not maintain sustained flight over any person unless that person is participating directly in the operation or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft

1)  Means of Compliance (MOC) – The Applicant (AVSS) Completes in Advance This is a test, analysis, inspection, or combination by the Applicant, which can be the manufacturer (e.g., DJI, FLIR, Teal Drones, Brinc, Skydio) and/or modifier (e.g., AVSS), that can demonstrate key safety data points.The Applicant will collect the data points (e.g., kinetic energy, descent rates, energy transfers, minimum deployment altitude) through industry-accepted standards (e.g., ASTM F3322, ASTM F3389) and/or custom testing methods.The Applicant will also need to demonstrate that there are no exposed rotating parts that could cause laceration and that they have a process for safety defects.(2)   Declaration of Compliance – Applicant Submits to the FAAThis is a document that the Applicant will submit to the FAA for the declarations after the MOC is used. For AVSS, this will include drones from DJI, Skydio, and more.This document will state how the Applicant met the FAA’s requirement in the event of a failure and that the drone will not exceed the kinetic energy allotment nor will exposed rotating parts cause a laceration.Retain records of compliance and means of compliance that the FAA can review at a future date.”Establish and maintain a process to notify the public and FAA of any safety defects that cause the small unmanned aircraft to no longer meet the requirements of Category 2 and Category 3”.If you’d like to learn about the benefits of this MOC, how a specific drone may comply, and/or integrate the AVSS parachute recovery system to use this MOC, please get in touch with AVSS today.

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