OOP Waiver info

[Vic Moss]

Yesterday (5/6/24), the FAA finally sent out Requests for Information (RFI) for those who's OOP waivers have been languishing in the queue. We now have a new set of guidelines (not a new regulation) for when we apply for an OOP (107.39) waiver.

You can get the fully skinny here.

107.39 approval provision update. - Drone Service Providers Alliance

If you’ve been following the 14 CFR §107.39 (Operations Over People, a.k.a. OOP) Waiver process over the last 4 or so months, you’ll be happy hear that things are moving in the right direction these days. On May 6th many people who have an OOP Waiver in the queue received a new Request For...

dspalliance.org

 

[GFields]

Thanks for sharing, Vic

 

[brett8883]

Thanks for sharing, Vic. However, this says “The FAA does not have authority to change regulation that has been crafted by Congress. And 14 CR Part 107 is language crafted by Congress.” I believe this is incorrect.

In the FAA Modernization and Reform Act of 2012 Pub. L. 112-95 [which is a law crafted by Congress] Congress ordered the FAA to “establish standards and regulations to incorporate small unmanned systems into the national airspace.” There were vague guidelines Congress established but none of them prohibited flight over people.

In fact on June 2016, the Final Rule known as Part 107 was published in Federal Registrar which is expressly labeled as “a rule by the FAA.”


Therefore, it was the FAA that crafted this rule and the FAA that could change it. Furthermore, it is the FAA that created the waiver process without allocating appropriate personnel nor resources to implement it.

I’m happy for any progress but it just feels a little slimy for the FAA to blame Congress for a mess of their own making.

 

[mavic3usa]

^This is rampant across all federal agencies. Only Congress is supposed to make federal law but agencies are making up their own as well. It's getting out of control. No way to address this except from the inside of a courtroom.

 

[Vic Moss]

Thanks for sharing, Vic. However, this says “The FAA does not have authority to change regulation that has been crafted by Congress. And 14 CR Part 107 is language crafted by Congress.” I believe this is incorrect.

In the FAA Modernization and Reform Act of 2012 Pub. L. 112-95 [which is a law crafted by Congress] Congress ordered the FAA to “establish standards and regulations to incorporate small unmanned systems into the national airspace.” There were vague guidelines Congress established but none of them prohibited flight over people.

In fact on June 2016, the Final Rule known as Part 107 was published in Federal Registrar which is expressly labeled as “a rule by the FAA.”

View attachment 174907
Therefore, it was the FAA that crafted this rule and the FAA that could change it. Furthermore, it is the FAA that created the waiver process without allocating appropriate personnel nor resources to implement it.

I’m happy for any progress but it just feels a little slimy for the FAA to blame Congress for a mess of their own making.

They aren't changing the regulation. They can't, as stated.

This is a policy change for waiver approvals. This is from the waiver office, and they are the ones that decide how waivers and exemptions are granted. Therefore, perfectly legal. And a great way to advance the industry.

 

[brett8883]

They aren't changing the regulation. They can't, as stated.

This is a policy change for waiver approvals. This is from the waiver office, and they are the ones that decide how waivers and exemptions are granted. Therefore, perfectly legal. And a great way to advance the industry.

Oh I got ya. The waiver office cant change regulations. I got ya now. I misunderstood, sorry. I thought you were saying the FAA couldn’t change the regulations.

Yes, this is a great development for the waiver office to tell us specifically what they want to approve waivers and to expedite.