The Federal Aviation Administration (FAA) began issuing Part 107 waivers and airspace authorizations to drone operators starting August 29, 2016, the effective date of the new rule.
As of October 24, 2016, the agency has approved 81 authorizations for flights in Class D and E airspace, and has issued 36 waivers of Part 107 provisions to drone operators who applied after the rule’s effective date.
However, the agency has found that many applications have incorrect or incomplete information. Many applicants request too many waivers or request waivers for flights in types of airspace for which the FAA is not yet granting approvals. As a result, the agency has had to reject 71 waiver requests and 854 airspace applications.
It’s important for applicants to understand the information needed to make a successful safety case for granting a waiver. Here are the FAA’s safety explanation guidelines for Part 107 waiver applications: https://www.faa.gov/uas/commercial_operators/part_107_waivers
For example, the FAA clearly spells out the information required for an Operations Over People waiver under §107.39 — which has become a much more common request now that night operations no longer require a waiver.
A frequent point of confusion involves Category 1 operations. Many pilots assume lightweight drones like the DJI Mini 3 or Mini 4 automatically qualify to fly over people. However, once you add accessories like a larger “Plus” battery, propeller guards, or other attached equipment, the aircraft may exceed the 250-gram (0.55 lb) limit, meaning it no longer qualifies for Category 1 and requires a waiver to operate over people.
Recognizing this gap, the FAA has created a more practical approval path for Operations Over People waivers when the total takeoff weight of the aircraft is less than 400 grams (0.88 lb). Drones in this weight range:
Are not required to use a parachute system
Can receive waivers more readily when appropriate risk mitigations are demonstrated
Operations Over People Waiver Instructions (0.55–0.88 lb UAS)
If your drone weighs more than 250 grams (0.55 lb) but less than or equal to 399 grams (0.88 lb) and you want to operate over people, you must apply for a Part 107 waiver for §107.39. While the FAA now allows some routine over-people operations by category, aircraft in this weight range still require a waiver to operate legally over people.
1. Understand the additional safety equipment required
Before submitting your waiver, ensure your aircraft includes:
Propeller guards or shielding to reduce injury risk
Anti-collision lighting for civil twilight and night operations
Remote ID compliance (required for all registered UAS)
A Visual Observer (optional, but strongly recommended for maintaining situational awareness)
2. Prepare your waiver application
Waiver requests are now submitted through the Aviation Safety Portal:
https://aviationsafetyportal.faa.gov
On the §107.39 waiver application:
Clearly describe your proposed operation and environment
Provide the total takeoff weight of your aircraft (including batteries, prop guards, lights, Remote ID modules, and sensors)
Explain how each safety measure mitigates risk to people on the ground, using the FAA’s Waiver Safety Explanation Guidelines
3. Provide supporting documentation
Strengthen your application by including:
Photos or manufacturer specs for installed equipment
Remote ID compliance details
Standard operating procedures for maintaining safety
Visual Observer procedures, if used
4. Submit and monitor your request
Once submitted, the FAA will review your waiver. Under the updated process, operators flying in this lighter weight class often see faster approvals when safety mitigations are clearly documented and tied to operational risk.
Without a detailed description of how the applicant intends to meet these standards, the FAA can’t determine if a waiver is possible. Operators should select only the Part 107 regulations that need to be waived for the proposed operation. Applicants also should respond promptly to any request we make for additional information. If the agency does not receive a response after 30 days, it will withdraw the request.
- A LAANC-approved service provider (such as Aloft, Airspace Link, or AutoPylot), or
- FAA DroneZone for airports that have not implemented LAANC
When are airspace authorizations required
No FAA authorization is required.
You must receive an FAA airspace authorization before flying.
This is done through:
- A LAANC service provider for near-real-time approvals where available, or
- FAA DroneZone for further coordination reviews if LAANC is not supported at that airport.
- Locations without LAANC
- Requests that exceed LAANC altitude limits and not supported by the LAANC provider
- Complex or long-term operations
Waivers vs. airspace authorizations
- Airspace authorizations allow you to fly in controlled airspace and are obtained through LAANC or DroneZone.
- Part 107 waivers are only required if you need to deviate from a specific operating rule (such as flying at night without lighting, BVLOS, or over people without meeting a category).