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.

 

[cosmiclemur]

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

Hi Vic, thanks for everything you do! I did want to clarify one thing. I saw in your article that OOMV was also updated/streamlined, though I clarified with the FAA Support Center that these new provisions for the waiver process only applied to OOP. Since the FAA did not officially share this info with the public, could you clarify what the changes were to the OOMV approval process? I fly drones professionally in bigger cities and OOP and OOMV usually go hand in hand when it comes to safe drone flight, unfortunately. And obviously there's not a category drone out there I can use...

 

[Vic Moss]

Hi Vic, thanks for everything you do! I did want to clarify one thing. I saw in your article that OOMV was also updated/streamlined, though I clarified with the FAA Support Center that these new provisions for the waiver process only applied to OOP. Since the FAA did not officially share this info with the public, could you clarify what the changes were to the OOMV approval process? I fly drones professionally in bigger cities and OOP and OOMV usually go hand in hand when it comes to safe drone flight, unfortunately. And obviously there's not a category drone out there I can use...

I've been told that too.

But folks are getting the OOMV as well if they ask for it on the application. If you look at all the 107.39 waivers granted recently, all except one also include 107.145.

https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued?saa_field_media_file=107.39

 

[WilliamDaugherty]

This is great progress! Any updates on the processing time?

 

[Vic Moss]

This is great progress! Any updates on the processing time?

I'm seeing just a couple of weeks in some instances.

 

[WilliamDaugherty]

I'm seeing just a couple of weeks in some instances.

Thanks Vic. Funny story: I followed your guidance on the "new streamlined" application process (barely kept the entries under 100 words each) and 12 days later I received a denial notification. The supporting document said I didn't give enough information but didn't say what more was needed. Yesterday I submitted a new application and this time gave them answers to every question in the original guidance document. If that doesn't work I'll have to figure out just the right balance.

Thanks again for all your work on our behalf. I don't foresee lots of OOP/OOMV for myself but there have been some use cases lately that would have been great to have the waiver.

 

[Vic Moss]

Thanks Vic. Funny story: I followed your guidance on the "new streamlined" application process (barely kept the entries under 100 chars. each) and 12 days later I received a denial notification. The supporting document said I didn't give enough information but didn't say what more was needed. Yesterday I submitted a new application and this time gave them answers to every question in the original guidance document. If that doesn't work I'll have to figure out just the right balance.

Thanks again for all your work on our behalf. I don't foresee lots of OOP/OOMV for myself but there have been some use cases lately that would have been great to have the waiver.

Can you send me the denial letter and your application wording. I'm working with the FAA to get some of that cleared up.

[email protected].

 

[WilliamDaugherty]

Can you send me the denial letter and your application wording. I'm working with the FAA to get some of that cleared up.

[email protected].

I've sent along the information as requested. Thanks again!

 

[qwerty53]

When you submit it what's realistic time frame to ask (can I ask to be able to do it for 2 years?) also how wide geographic location can be? Can I ask for a whole state?
What's the cheapest lightest 1mile anti collision light for my mini?

 

[MS Coast]

When you submit it what's realistic time frame to ask (can I ask to be able to do it for 2 years?) also how wide geographic location can be? Can I ask for a whole state?
What's the cheapest lightest 1mile anti collision light for my mini?

You need a strobe visible for three miles, not just one mile. Firehouse and VIFLY are the two most popular brands.

 

[qwerty53]

You need a strobe visible for three miles, not just one mile. Firehouse and VIFLY are the two most popular brands.

Its one mile for a day flight. Thanks for the light suggestions.

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[MS Coast]

Its one mile for a day flight. Thanks for the light suggestions.

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You might consider a three-mile light. Better visibility day or night, and you may want to get into night flights in the future.

The VIFLY lights come with good Velcro for mounting to the drone.

 

[mavic3usa]

As a recreational pilot, the AMA is my CBO and this is what I follow when it comes to flying my drone at night:

"For night flying, AMA requires that aircraft be equipped with anti-collision lighting that can be seen from 3 statute miles away unless it poses a hazard or distraction to the operator."

 

[qwerty53]

As a recreational pilot, the AMA is my CBO and this is what I follow when it comes to flying my drone at night:

"For night flying, AMA requires that aircraft be equipped with anti-collision lighting that can be seen from 3 statute miles away unless it poses a hazard or distraction to the operator."

I said quite a few times. DAY flying over people. As recreational you cannot do that.

 

[mavic3usa]

I said quite a few times. DAY flying over people. As recreational you cannot do that.

I know. Just wanted to mention that for recreational pilot, a strobe light is not a hard and fast rule. May be a little bit OT though.