FAA’s New Ops Over People Waiver Approval Process (New waiver portal process not included yet)

[Edit: the FAA changed the waiver portal around the third week of December. So as of that date, this article isn’t 100% accurate for the actual application portal. The wording you need for a successful application hasn’t changed , just the process. The new portal is the Aviation Safety Portal. 

I have used the Aviation Safety Portal for two new waivers, and it is pretty easy to use. Just make sure you have your CONOPS written and ready to go. But if you use the steps below to write your CONOPS, you should be good to go.]

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With the FAA granting of so many new OOP/OOMV waivers (they are now granting more approval than denials for these waivers), we are seeing lots of folk ask about adding drones to their current & approved waiver. The way to do that depends on what you want to add, and what your waiver is approved for.

If you simply want to add a drone that is included in the weight class you have approved, you simply add it to your list of drones you must keep under your current waiver.

Pilot Institute’s OOP summary Video here.

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In May of 2024, the FAA released their new approval process for 107.39 (Operations over human beings) and 107.145 (Operations Over Moving Vehicles). It is now almost an automatic process for Remote Pilots to be able to fly over people and people in moving vehicles. Notice I wrote “almost” in that sentence. This is still a need for waiver, and your application must be accurate and complete! Easier for sure, but make sure you’re doing it right.

But first we ask the question, “Why not just change the regulations and make it easier on every Remote Pilot who wants to fly over people?” Well, mainly because changing a regulation literally takes an act of Congress. 

So waiver approval policy change is what we get. But it’s a good thing. And it’s well within the ability and scope of the FAA to change approval policies when it comes to such things as waivers. Congress even gave them that permission in 107.200 and then in 107.205 gave them the list of regulations subject to waivers. Amazingly enough, it seems someone in Congress (with assistance from the FAA/DOT I’m sure), had the foresight to know that there would be times when we would need to fly outside the 107 regulations. All we have to do as Remote Pilots is provide “a complete description of the proposed operation and justification that establishes that the operation can safely be conducted”. Then the FAA can grant that waiver if they find “that a proposed small UAS operation can safely be conducted under the terms of that certificate of waiver”.

And it’s the up to the FAA to determine just what is needed to safely conduct an operation that deviates from the regulation. Hence the waiver approval policy change for 107.39. 

And remember, you STILL need that waiver to fly anything NOT automatically included in the 107.39 Categories.

So why the policy change if we have the 4 Categories of compliant UAS OOP/OMV operations? Because it become obvious fairly quickly that the criteria for each of those categories was much more difficult to meet than the Congress realized. Manufacturers just didn’t see any ROI on spending the money and time to design and build any OOP Category compliant drones. To date (9/9/24), there is still very few drones with a Category 2 or 3 designation, and they’re all Enterprise drones. Not really usable for the vast majority of Remote Pilots. 

The FAA realized they needed to come up with a different approach. So they dug in and came up with a new set of provisions and three new weights classes. And we owe then a huge Thank You!

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And on 6.16.24, the FAA made it even more clear by releasing the new Waiver Safety Explanation Guidelines (WSEGs) for both §107.39-Operation over Human Beings and §107.145-Operation over Moving Vehicles.

And the WSEGs for both are basically identical. The FAA has realized that OOP and OOMV operations can be done safely, and in the same manner. But the instructions are quite specific. And you must show just cause for the waiver by describing “… the proposed operation in detail”. I’ve been told, “The FAAs preference is still to not fly over people.” Which, if you think about it, makes sense. FAA preferences are to not change rules unless there is data to predicate those changes. And until they have the data, rules and preferences will not change. And flying under your approved waiver will provide those data points to the FAA. So when you get your waiver, make darn sure you follow the provisions and fly accordingly. A waiver does not give you permission to fly willy-nilly over people with wild abandon. Follow the rules, and we can prove to the FAA something all of us know, flying over people (when done right) is about as safe as you can be when it comes to aviation, manned or otherwise.

Back to describing “… the proposed operation in detail” for a minute. The FAA is still hesitant to give waivers “just in case” someone needs them. And even though it’s not in the new WSEGs, its also a very good idea to justify your safety case. Because that wording is in §107.200(b). The proposed operation would need to describe “What sort of operations will you be doing where you need to operate over people. What’s the duration? What’s the purpose?  Tell us what your doing and why.” It could be as simple as flying over construction sites, flying in urban environments where it is virtually impossible to not fly over people and people in moving cars, flying First Responder missions, inspection missions, or one of your own choosing. But be specific.

You don’t need to write War & Peace, but do describe your operation in a decent about of detail so they don’t think you’re applying for a waiver “just in case”. To get more info, read provisions in recently granted waivers, and read §107.200 (b).

The FAA sees a lot of waivers stating, “I’ll be safe, and I’ll use a VO, and I’ll equip with this or that, and I’ll fly safely”. That obviously isn’t a very well thought out safety case for a waiver. Yes, explain that you’ll “use a VO, and I’ll equip with this or that”, but don’t stop there.

Read the WSEGs and explain accordingly. These CONOPS (CONcept of OPerations) are what you’ll put in the waiver application.

And don’t forget that the second WSEG states: “What is the takeoff weight of the sUA, including payload and the required equipage listed below? Express this number to the nearest hundredth pound (i.e., 0.85 lbs., 1.52 lbs.).” If you don’t add that to the application, you’ll get an RFI, and have an associated delay in approval.

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So what are the three new weight classes for these waivers? You may have noticed I used the word “classes” and not “categories”. This is deliberate as to not confuse those new waiver weight classes with the current FAA OOP Categories described in Subpart D. We have drones up to and including .88 pounds (400g) in the first class. Drones greater than .88 pounds and up to 3.5 pounds (1587g) in the second class. Drones over 3.5 pounds will be their own weight class and those waivers will be judged individually. We will not go into the two heavier classes in this article. When you fill out the application, make sure you put the full weight of your drone included on the application that includes ALL accessories. And as of this writing, unless you have a very specific OOP use case for a very specific drone, you’ll need to stick to the <.88 pound (400g) weight limit.

Drones .88 pounds or less must contain Remote ID, “shielding for rotating components” (prop guards), and “anti-collision lights”.

We have a list of some <.88 pound drones in our new provision update OOP article.

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It’s that simple these days. If you get a Request of Information (RFI), that means you didn’t include something, or they’d like a bit more info from you. The most common we see is asking what missions you’ll be using. Make sure you do that in your original application. If you do get an RFI, simply answer those questions, and submit that addition information within 30 days.

We have seen some, although not as many now. But here is an article that mentions some of the RFI questions, and how to answer them. 

Once you get your waiver, simply follow the included provision when you fly, and you’re good to go. Your final waiver will contain a total of around 22 or so special and common provisions. But none of them are overly burdensome. And unlike OOP waivers of the past, compliance with each of these is incredibly simple.

Remember, flying over people adds additional risks to your operation. Obtaining a 107.39 waiver does not magically make ops over people safe. You still need to approach each and ever OOP mission with safety as your primary decision factor in the “go, no go” decision process. Flying under your 107.39 waiver makes OOP missions much safer, but not 100% safe. Remember that.

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One more word of advice. Flying with prop guards on your drone definitely affects the flight characteristics. Especially if any wind at all is present. The first time I flew my Mini 3 Pro under my waiver, it was slightly breezy. At one point, when I was transitioning into a hover, the drone “porpoised” briefly. It was only for about 2 seconds or so, but since I was over a Division 1 football game at the time (legally, of course), it seems like it did it forever. Definitely a sphincter tightening moment. I had tested the drone under some flight conditions to see how it would handle, but not in any wind. Learn from my mistake, don’t make one of your own. Once I realized that was going to be normal behavior, I relaxed a little bit and finished the project. However, I did keep an eye on the wind for the rest of the game, as I should anyway. If the wind had increased at any point during that game, I would have shut the operation down. Personally, if a wind is over 4-5 MPH, I’m not flying my Minis under my waiver. But that decision is up to each and every one of you.

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Also, have you added to your drone fleet? Do you know the ins and outs of your new drone? Check out Pilot Institute’s Deep Dive Videos. Greg and crew do an great job helping you understand your drone better. And each and every Deep Dive Video is free.

Also, if you don’t have your 107 yet, or are looking to add UAS Verticals, check out the Pilot Institute site for additional classes. They have business classes, a VO class (pay for your VOs to take it), mapping, photography, and more. Check out their offerings here!

Need a new drone? Need to rent one for a specific job? Need some repair work done? Blue Skies Drones is your answer to all of these questions.

And if you’re worried about the current anti-China fervor in D.C. and many states, please seriously consider joining Drone Advocacy Alliance. Let’s work together to stop Congress from picking industry winners and losers. 

And as always FLY SAFE!