Task D. Waivers

Part 107 Operational Waiver Guidelines

Part 107 Operational Waiver Application Instructions

Note on foreign aircraft/operators: if the small Unmanned Aircraft System (sUAS) you plan to use for your proposed operation is of foreign registry, owned, controlled, or operated by a person who is not a citizen or permanent resident of the United States, the FAA considers the sUAS to be a “foreign civil aircraft” as defined in 14 CFR § 375.1. This section requires the non-citizen or non-permanent resident to apply to the Office of the Secretary’s Foreign Air Carrier Licensing Division for permission to operate in the United States. Please visit https://cms.dot.gov/policy/aviation-policy/licensing/foreign-carriers for more information.

1. Acknowledgement Tab

Operation Title

The operation title is a required field that allows the Responsible Party to title each application for waiver or airspace authorization.

Responsible Party

The Responsible Party information is prepopulated from the Part 107 Account Details. The Responsible Party is the official holder of the waiver. The Responsible Party—

• Is responsible for the safe conduct of the operation and for the strict observance of the terms and provisions contained in the waiver;

• Is responsible for ensuring the Remote Pilot in Command (RPIC), manipulators of the controls, and Visual Observer (VO), if one is used, are—

• •  Informed of, and observe, the terms and provisions in the waiver and of the requirement for strict observance of those terms and provisions; and
  •  Familiar with 14 CFR part 107 regulations;

• Should be a person who has ongoing knowledge of the operations of the sUAS under the waiver;

• Is not required to be the holder of a remote pilot certificate with an sUAS rating (RPIC).

• May be the representative of an organization (enter organization name, if applicable, in the “PART 107 ACCOUNT NAME” field in your FAADroneZone profile);

• Is responsible for maintaining information, such as a list of pilots and the make/model of all aircraft operating under the terms of the waiver, and presenting the information to the FAA upon request; and

• Is responsible for maintaining records or other information required to demonstrate compliance with the special provisions in the waiver.

Mailing Address

Provide the physical mailing address of the Responsible Party or organization. P.O. box addresses are not permitted and will result in an automatic cancellation of your application for waiver. Phone Number Enter the Responsible Party’s direct phone number so the FAA can obtain additional information about the operation(s) from that person.

Pilot

If different from the Responsible Party, enter the RPIC’s information.

Remote Pilot Certificate Number (RPIC)

Enter the RPIC’s part 107 Airman Certificate number.

• Do not enter the 14 CFR part 61 Airman Certificate number (for manned aircraft operations), if the RPIC holds a part 61 Airman Certificate.

• Enter “pending” if the RPIC has a temporary certificate.

2. Waiver Application Tab

Which regulation(s) do you want waived? Review the Part 107 regulations to determine which regulation(s) you need waived and select only the ones you need to fly your operation.

• Operation from a moving vehicle or aircraft (Fly my sUA while in a moving vehicle: § 107.25)

• Operation at night (Fly my sUA without Anti-collision lights at night and/or during periods of civil twilight: § 107.29(a)(2) and (b)

• Visual line of sight aircraft operation (Fly my sUA beyond visual line of sight: § 107.31)

• Visual observer (Working with my visual observer: § 107.33 Visual observer) • Operation of multiple small unmanned aircraft (Fly multiple sUA at the same time: § 107.35)

• Operation near aircraft (Fly my sUA near other aircraft: § 107.37)

• Operations over human beings (Fly my sUA over human beings: § 107.39)

• Operating limitations: ground speed (Fly my sUA faster than 87 knots/100 mph: § 107.51(a))

• Operating limitations: altitude (Fly my sUA higher than 400 feet: § 107.51(b))

• Operating limitations: minimum visibility (Fly my sUA when visibility is reduced: § 107.51(c))

• Operating limitations: minimum distance from clouds (Fly my sUA near clouds: § 107.51(d))

• Operations over moving vehicles (Fly my sUA over moving vehicles: § 107.145)

Waiver Safety Explanation

To comply with 14 CFR Subpart D – Waivers § 107.200, for each regulation you need waived you must provide a complete description of the proposed operation and justification that establishes the operation can safely be conducted.

Select the regulation(s) you need waived, review the Part 107 Waiver Application Guidance for each regulation, and describe, to the greatest extent possible, how you propose to mitigate risks associated with the hazards. Depending on how complex the proposed operation is, you may need to provide information that is not addressed in the Waiver Safety Explanation Guidelines and Guiding Questions. It is the responsibility of the applicant to identify operational risks and mitigations for those risks to ensure an acceptable level of safety. Information on operational risk assessments, risks, and mitigations can be located in Advisory Circular 107-2A , Small Unmanned Aircraft Systems (sUAS), and the preamble to part 107.

The Waiver Safety Explanation field has a 15,000-character limit and you may upload up to ten supporting documents to an application. Each attachment can be no larger than 20 MB. Once an application has been submitted, no additional documents will be accepted. Any documents you submit to the FAA may be disclosed, under the FAA’s System of Records Notice under the Privacy Act of 1974, Title 5, United States Code (U.S.C.) § 552a. If you want to submit proprietary or commercially valuable information that should not be disclosed to the public, include annotations on each page and/or electronic file. The FAA will evaluate the records and may not disclose them if they are exempt from public disclosure under 5 U.S.C. § 552(b).

If you submit an operations manual as part of your application for waiver, please note the FAA reviews only the excerpts from your manual that you cite to address the safety of your proposed operation. The FAA may determine these excerpts, combined with other information you submit and pursuant to your compliance with the provision listed on a waiver, may establish that you can safely conduct the limited operations a waiver will permit. The FAA’s review of the excerpts in the context of your specific request for a waiver does not constitute FAA approval or acceptance of the manual you provide.

Operation Parameters

Start and End Date

Submit your application as soon as possible before your planned operation. The FAA encourages applicants to submit applications at least 90 days before the start of the proposed operation. The FAA will strive to make a decision on waivers within 90 days; however, the time required for the FAA to make a determination regarding waiver requests will vary based on the complexity of the request. The amount of data and analysis required as part of the application will be proportional to the specific relief requested.

Proposed Location of Operation

Provide specific details about the location of your intended operation. Note: If the location of your operation is in controlled airspace (airspace other than Class G), you will need to apply for a § 107.41 airspace authorization. The FAA’s Air Traffic Organization responds directly to such requests. Airspace authorization applications can be submitted through the Low Altitude Authorization Notification Capability (LAANC) for near real-time approvals. Airspace authorization applications may also be submitted through FAADroneZone, but please note that those request are processed manually and it may take 60 days or more to receive a response depending on the complexity of the operation. If you are planning an operation in controlled airspace that requires a waiver AND an airspace authorization you must apply for both through the FAADroneZone.

Proposed Maximum Flight Altitude Above Ground Level

Provide the maximum altitude at which the operation will be conducted in feet above ground level (AGL).

Existing Waivers

Answer the listed question. If you select “Yes,” provide the waiver number or reference number.

3. sUAS Details Tab

The sUA registration number, manufacturer, and model are required only for an application requesting a waiver to 14 CFR § 107.39 Operation over human beings. The Responsible Party must maintain a current list of sUAS by registration number used in the operation and must present the list for inspection to the FAA upon request.

4. Review Waiver Tab

Before submitting your application for waiver, carefully review your application for completeness and ensure all information and supporting documentation are provided or uploaded as an attachment. Once an application for waiver has been submitted, it cannot be amended.

IMPORTANT: If hazard identification and risk mitigation strategies are not included in your application, the FAA will be unable to make a complete safety analysis and will disapprove your application based on insufficient information.