Avionics News April 2021 - 15

Operation of Small Unmanned
Aircraft Systems Over People
On Jan. 15, 2021, the FAA published a final rule
that finalizes the Feb. 13, 2019, notice of proposed
rulemaking titled ''Operation of Small Unmanned
Aircraft Systems Over People. " The NPRM proposed
to modify these regulations to permit routine
operations of small unmanned aircraft over people
and at night under certain conditions, in addition to
changing the recurrent training framework, expanding
the list of persons who may request the presentation
of a remote pilot certificate, and making other minor
changes.
Changes that may affect the aircraft maintenance
industry include revision to 14 CFR Part 107, Subpart
D that introduces four categories of unmanned aircraft
systems and the continued airworthiness requirements
for each. In addition, there is a slight change to the
applicability of 14 CFR Part 43. Section 43.1 (b)(3) is
revised to read as follows:
§ 43.1 Applicability.
*****
(b) * * *
(3) Any aircraft that is operated under Part 107 of
this chapter, except as described in § 107.140(d). q

CANADA

News & Regulatory Updates
TCCA adjustments to the
Canadian aviation regulations
In the last year, Transport Canada Civil Aviation
has been working to address miscellaneous items
in the Canadian aviation regulations as a result of
a governmental committee tasked with reviewing
regulations issued by all departments. The Standing
Joint Committee for the Scrutiny of Regulations,
or SJCSR, is reviewing all statutory instruments
issued by the government. The context of the
review is purely based on the legal and procedural
aspects of the regulations and not the technical
content. However, the recommendations often have
implications on the technical side. In many cases,

the recommendations note something is missing in
the regulations and, in fact, may be written such
that there is little legal basis or strength in the
requirement.
A notice of proposed amendment has been issued
regarding the latest proposed changes to address the
SJCSR recommendations. It covers:
*	 Grid maps and airport wildlife management
plans (Subpart 302 of the CARs).
*	 The required level of knowledge must
be demonstrated in an interview with the
minister by the appointed responsible person
for the following subparts, 406, 561, 573,
702, 703, 704, 705, 706.
*	 The authority to remove aircraft from
operation in subparts 406, 700 and 706.
*	 The first level of interference with a crew
member for subpart 705.
*	 Legal name terminology for subparts 201,
406, 521, 604, 701, 702, 703, 704, 705, 801.
Of interest is the removal of the requirement
for the minster to conduct an interview of the
appointed responsible person for 573 and 561 (the
same concept for the other subparts). Provisions
are provided that require the minister to conduct
an interview, but there are no provisions to accept
or reject the appointment of an individual nor what
the degree of knowledge there should be. There
also is no requirement in the CARs that requires the
individual to correct any deficiencies found.
The intention is to remove these provisions
and then propose appropriate requirements for
the level of knowledge required and what is
required to correct deficiencies. The NPA did not
include proposed new wording, and it is not clear
whether any consultation will happen prior to the
publication of the changes in Gazette I. However,
if you have thoughts or concerns, please contact
Kevin Bruce, AEA Canada regulatory consultant, at
kevinb@aea.net to ensure your comments get to the
TCCA.
We will monitor the progress of these changes as
there is certainly a good possibility that they will
have implications on your operations. One other
thing missing in this notice is whether or not the
changes will be applied to those already in these
positions or only to new applicants. q

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Avionics News April 2021

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