Permissible Exemptions for Unmanned Aircraft Systems (UAS) under Part 107 Regulations
In the realm of commercial Unmanned Aerial Systems (UAS) operations, the Federal Aviation Administration (FAA) has established regulations known as Part 107. However, certain activities that deviate from these standard rules require specific waivers to ensure safety and compliance. Here's a breakdown of the most common Part 107 waivers and their granted permissions.
1. **Operations Over People (Human Beings) [§ 107.39]** - This waiver allows drones to fly over people who are not direct participants in the operation, which is normally prohibited. Conditions include maintaining situational awareness of air traffic, identifying ground and air hazards within 1 statute mile, minimizing time over people and vehicles, and staying within 200 feet laterally of any obstruction being overflown.
2. **Operation of Multiple Small Unmanned Aircraft Systems [§ 107.35]** - This waiver permits a single pilot to command multiple drones simultaneously. Requirements include pilot proficiency and training on each drone system, maintenance of communication with visual observers, and compliance with FCC regulations for any emitters on the drones. Functional test flights must be logged before operations, and operations are restricted to approved locations following site performance criteria.
3. **Beyond Visual Line of Sight (BVLOS)** - While not authorized through the LAANC system, BVLOS operations require a Part 107 waiver due to increased risk. This type of operation allows the drone to be flown beyond the pilot’s direct sight, and the waiver requirements focus on safety management and risk mitigation.
4. **Operations in Controlled Airspace Without LAANC Authorization** - Some controlled airspace (e.g., parts of Class D and E) is not covered by LAANC. For operations in these areas or at altitudes above 400 feet, a waiver or a “further coordination request” is necessary, which must be filed up to 90 days prior to the flight.
5. **Night Operations** - Night operations no longer require a waiver if the remote pilot has completed FAA night training and the drone has appropriate anti-collision lighting visible for at least 3 statute miles.
These waivers allow UAS operators to safely expand their operational capabilities beyond the default Part 107 limitations, with specific provisions to maintain safety for people, other aircraft, and airspace users. Each waiver requires adherence to stipulated conditions and pilot training to mitigate risks associated with these more complex operations.
It is essential for those planning commercial UAS activities to know the types of operations that need to be waived under Part 107. It is also recommended to apply for both a 107.39 and a 107.145 waiver if one of them is necessary since the process is almost identical. Familiarity with the rules is important, but understanding what you will be allowed to do with a waiver is even more useful.
The FAA allows for waivers of certain Part 107 regulations for commercial UAS operations. However, a 107.37 waiver, though technically possible, has not been granted by the FAA, making it unlikely that it will be necessary for UAS operations to yield the right of way to other aircraft. Some regulations may have sub-regulations that can be individually waived, and preparing a waiver request requires a more advanced level of knowledge of UAS operations and risk mitigation measures.
It is important to note that a Part 35 certification is needed for drone delivery operations, which cannot be covered by a 107.25 waiver. Also, a 107.39 waiver is necessary for UAS operations over people that do not fall under pre-identified categories of the FAA, such as operating a drone that weighs more than 250 grams in a crowded place. A 107.29 waiver allows for UAS operations at night or beyond civil twilight without the use of strobe lights or anti-collision lighting. A 107.35 waiver allows for the operation of multiple drones by a single Pilot in Command (PIC) or as a Visual Observer for multiple drones, with drone light shows being the most common application.
In conclusion, understanding the Part 107 waiver system is crucial for those looking to expand their commercial UAS operations beyond the standard regulations. By adhering to the conditions and provisions outlined in each waiver, operators can safely and effectively conduct more complex operations while maintaining safety for all involved.
- The financing of a drone industry expansion may require investments in meeting specific Part 107 waiver conditions, given that these waivers allow for operations that deviate from the standard Part 107 regulations, such as flights over people or beyond the visual line of sight.
- As the technology of Unmanned Aerial Systems (UAS) evolves, the finance sector may have increasing opportunities in the industry, particularly when it comes to financing drone delivery operations, which necessitate a Part 35 certification and, in some cases, a 107.39 waiver for UAS operations over people not falling under pre-identified FAA categories.
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