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FAA's New Waiver Approval Process: What Drone Pilots Need to Know

Simplifying the Path for Operations Over People and Moving Vehicles

 


Earlier this month (May 2024), the FAA introduced a streamlined approval process for Part 107.39 (Operations Over People) and Part 107.145 (Operations Over Moving Vehicles) waivers. This updated procedure significantly eases the path for remote pilots aiming to conduct operations over people and moving vehicles. However, the process is not entirely automatic, and it remains essential to submit an accurate and complete application.

Why Not Change the Regulations?


Changing FAA regulations requires congressional action, a complex and time-consuming process, especially in an election year. Instead, the FAA has opted for a policy change, which falls within their jurisdiction. This allows for more immediate adjustments without needing new legislation. Congress foresaw the need for flexibility within the Part 107 regulations, permitting the FAA to grant waivers for certain operations outside these rules under specific conditions.

New Waiver Approval Process


The revised waiver approval process introduces three new drone weight classes and sets specific criteria for each:

Drones up to 0.88 pounds (400g): These drones must include Remote ID, shielding for rotating components (prop guards), and anti-collision lights.

Drones over 0.88 pounds up to 3.5 pounds (1587g): In addition to the above requirements, these drones must also have an ASTM-certified Parachute Recovery System (PRS). Currently, there are no PRS available for drones in this weight class, but updates are anticipated.

Drones over 3.5 pounds: These will be evaluated on a case-by-case basis, likely requiring more extensive documentation and potentially legal assistance.

Steps to Apply for the Waiver

To apply for a waiver under this new process, remote pilots need to follow these steps:
Log into Drone Zone: Access your account to start the application process.

Create a Waiver/Authorization: Click "CREATE PART 107 WAIVER/AUTHORIZATION" and choose "OPERATIONAL WAIVER."

Complete the CONOPS Section: Answer all questions accurately, especially noting if your operation involves people or moving vehicles.

Waiver Details: Select “OVER PEOPLE OR MOVING VEHICLES,” specify “Not Compliant” for category, and proceed with the relevant waiver sections.

Name Your Waiver: Use a simple, trackable name for your waiver application.
Fill in Safety Explanations: Include detailed safety measures and mitigation plans. For drones from 0.88 to 3.5 pounds, attach ASTM certification paperwork.

Review and Submit: Double-check your application and submit. If additional information is requested, respond promptly within 30 days.

Practical Considerations for Waiver Operations

Operating drones over people involves inherent risks. Even with a 107.39 waiver, pilots must prioritize safety in every mission. Weather conditions, particularly wind, can significantly impact drone performance, especially when using prop guards. Testing your drone under various conditions before actual operations is crucial.

The FAA's new waiver approval process is a welcome change for drone operators, simplifying the steps required to gain permission for operations over people and moving vehicles. By following the outlined procedures and ensuring all criteria are met, remote pilots can take advantage of these new regulations to expand their operational capabilities.

________________________________________________________________

Vertical Bar Media 

For professional advocacy and support in navigating these new regulations, consider joining the Drone Service Providers Alliance. If you need additional training or resources, check out the offerings from the Pilot Institute.

Source: DSPAlliance

Photo Credit: Jared Jantzer 

Social Media Hashtags: #DronePilots #FAARegulations #UAS #DroneSafety

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