Part 107 or COA

The Part 107 process falls more directly into the FAA’s comfort zone—regulating commercial aviation. The 107 process is designed to allow UAS pilots to safely operate UAS in the NAS for commercial purposes. The process has evolved considerably since its inception. It has always allowed public agencies to operate UAS under its provisions, but has evolved to make it a very useful choice for public agencies, unlike its more restrictive early versions. Part 107 operations, with the right waivers, can now be performed over people, at night, in any kind of airspace, and even beyond line-of-sight. The waiver process under Part 107 has evolved to make it much more practical, even for public safety users and their unique needs. It is worth pointing out that, with the exception of flights of aircraft over 55 pounds, all flight operations possible under a COA can be authorized under Part 107 and appropriate waivers. Not only are the requirements for obtaining waivers fairly clear, many waiver applications are now automated under the Low Altitude Authorization and Notification Capability (LAANC) system, or at least routinely granted. Part 107 waivers can also apply to the organization, not just individual pilots. Part 107 operations free agencies from burdensome reporting rules. In addition, even with a COA, agencies still need guidelines for how to train pilots and regulate their activities. Part 107 rules resolve many questions that are left up to the agency under a COA, and even agencies that operate under a COA would do well to use Part 107 rules as the de facto baseline for knowledge and training requirements for their UAS pilots. In the absence of a well-developed indigenous set of rules and requirements in the form of a mature UAS in-house pilot training program, Part 107 sets a reasonable bar for what the public expects from UAS operators.

A COA as a source of authority to operate aircraft in the National Airspace System (NAS) is based on the principle that the Federal Government has limited authority to regulate the activities of a State that are aimed at providing for the health, welfare, and safety of that State’s citizens. The Federal Aviation Administration’s (FAA’s) power is rooted in the Commerce Clause of the U.S. Constitution, so the agency’s power to regulate noncommercial, governmental affairs is narrow. The public COA is essentially a document that says that the FAA is satisfied that a UAS operator is a public agency with sufficient UAS program management guidelines that the agency can reasonably certify that its pilots are trained, its aircraft are safe, and it will continue to provide the FAA sufficient information to monitor the program. The process of obtaining a COA is somewhat lengthy and cumbersome, but not unmanageable. COAs for public agencies now come with rules that allow agencies to perform a wide variety of missions without the need to seek additional waivers. Night missions, operations in a variety of airspace classes, and operations over people are typically authorized as part of the public COA.

There is a considerable amount of misinformation about liability for any mishaps under a COA as opposed to under Part 107 operations. The idea that an agency is liable for any damages under COA operations and an individual pilot is liable for damages caused during Part 107 operations has no merit. The question of liability is far less cut and dried than that. While an agency certainly takes on additional duties under a COA, including the training and certification of its pilots, the liability for any mishaps is a complex problem that isn’t resolved in any way by the choice to go with a COA versus Part 107.

The short answer for the “COA or 107” question is that it depends. Part 107 should provide easy entry into the UAS world for many public agencies. It is a relatively quick, simple, and flexible process and set of rules that will accommodate many agencies, pilots, and missions. Depending on the specific needs, expertise, size, and mission profile, certain agencies may benefit from having a COA. Several vendors offer help in setting up UAS programs for public agencies, with some specializing in either COAs or the Part 107 route.

	Part 107	COA
Airspace Access	G, plus all other classes by waiver. LAANC supports automated 107 authorizations within LAANC parameters.	Depends on the terms of the specific COA; all classes available. LAANC is not applicable.
Special Uses	Night flight, operations over people, operations beyond line of sight available by waiver.  Applications/waivers managed on Drone Zone portal. Waivers apply to all agency pilots and aircraft (same as COA).	Depends on the terms of the specific COA, but night flight and operations over people are routinely part of the COA because language and procedures are part of the COA application. The same language and procedures would be used for 107 waiver(s).
Emergency Operations	Accommodated by the FAA’s System Operations Support Center.	Accommodated by the FAA’s System Operations Support Center for any mission outside of the COA parameters.
Training	Standardized training requirements per FAA regulations.	Agency-developed pilot training and certification process.
Liability	The choice of regulatory scheme (107 vs. COA) has very little effect on this. Responsibility for basic certification borne by the FAA and the pilot.	The choice of regulatory scheme (107 vs. COA) has very little effect on this. Responsibility for all aspects of training and certifying pilots rests with the agency.
Aircraft Allowed	Any registered sUAS (small UAS) less than 55 pounds. sUAS registration through FAA DroneZone.	Those listed in the COA. Adding aircraft requires amendment. UAS over 55 pounds: N-number registration required.
Reporting	Only incidents defined as accidents by FAA.	Monthly reporting of program statistics to FAA.
Pilot Requirements	Part 107 remote pilot certificate with small UAS rating.	Self-certification by public agency.