UA.I.D.K1: Waiver policy and requirements.

ACS Area I — Regulations Task D: Waivers References: 14 CFRCode of Federal RegulationsCloseThe federal rulebook where Part 107, Part 89, Part 48, and other aviation rules live. part 107, subpart D; ACAdvisory CircularCloseFAA guidance that explains acceptable ways to comply with rules or understand FAA procedures. 107-2; FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-H-8083-25; FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-G-8082-22

Key Concepts

What a Part 107 Waiver Is (§107.200)

A Part 107 Certificate of Waiver (CoW) is FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. approval to deviate from specific Part 107 regulations when you can show the operation can be conducted safely under waiver terms. The FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. may issue a waiver from any regulation listed in §107.205 if it finds the proposed small UASSmall Unmanned Aircraft SystemCloseA small drone plus the control and communication links used to operate it. operation can be safely conducted under the waiver’s conditions. A waiver request must include a complete description of the proposed operation and a safety justification. In practice, your package must clearly explain how you will mitigate risk to an equivalent level of safety under the waived rule(s). ^[1][2]

What Can Be Waived

Commonly waived sections include:

• §107.39 Operation over people
• §107.41 Operation in certain airspace
• §107.51 Operating limitations for small unmanned aircraft
• §107.145 Operations over moving vehicles ^[2]

Operations over open-air assemblies of human beings are tightly controlled. For Category 1 and 2 operations, sustained flight over open-air assemblies is prohibited unless the aircraft meets Remote IDRemote IdentificationCloseRemote ID broadcast requirements for most drones operating in U.S. airspace. requirements in §89.110 or §89.115(a); this prohibition is subject to waiver. Category 3 aircraft must not operate over open-air assemblies per §107.125(b). Category 4 operations may be permitted subject to operating limitations, but sustained flight over open-air assemblies is prohibited unless §89.110 or §89.115(a) is met; this prohibition is also subject to waiver. Expect the FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. to scrutinize any over-people/open-air assembly waiver for robust risk mitigations. ^[5]

How to Apply and What the FAA Evaluates

• Where to apply: Submit a CoW request through the FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. UASUnmanned Aircraft SystemCloseAn unmanned aircraft plus its control station, communication links, and supporting components. website. ^[2]
• What to include: A complete description of the operation and a detailed safety case with supporting data/analyses demonstrating you can operate safely under the requested relief. The FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. provides Waiver Safety Explanation Guidelines to help structure strong justifications. ^[2]
• When to apply: While not required by regulation, you are encouraged to apply at least 60 days before you plan to operate. The FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. strives to complete waiver reviews within 60 days, but timelines vary with complexity. ^[2]
• How much detail: The data and analysis must be proportional to the relief requested. More complex environments (e.g., congested metropolitan areas with heavy air traffic) and multiple waivers require more robust evidence than a single waiver in a sparsely populated area. ^[2]
• What you may receive: If granted, your CoW will include specific provisions designed to ensure safety. Compliance with these provisions is mandatory for the holder. ^[2][3]

Practical tip: Treat the waiver like a safety contract. Your procedures, equipage, crew training, contingency plans, and risk mitigations must align with the terms and conditions in the certificate.

Administrative Realities: Scope, Law, and Cancellation

• Waiver format and access: Requests for a Certificate of Waiver or Authorization (FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. Form 7711-2) may be accepted by any FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. facility and routed to the office with authority, but for Part 107 operations, use the FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.’s online process noted above. ^[3][2]
• What a waiver does—and doesn’t—do: A granted waiver provides relief from specified regulations only to the degree and for the period listed in the certificate. It does not waive any state or local laws or ordinances. You must resolve local permissions (e.g., property owner consent) independently. ^[3]
• Compliance responsibility: The holder is responsible for complying with all waiver terms and provisions. ^[3]
• Cancellation: A waiver may be canceled at any time by the Administrator, the issuing authority, or the designated monitor for the operation. Written notice or written confirmation of any verbal cancellation will be provided to the holder. ^[3]
• Using FAA guidance: Advisory Circulars (e.g., ACAdvisory CircularCloseFAA guidance that explains acceptable ways to comply with rules or understand FAA procedures. 107-2A) provide nonregulatory guidance to help you meet standards but are not binding unless incorporated by reference. The regulation (§107.200 and the section(s) waived) controls the requirement. ^[6]

Exam focus: Know that §107.200 authorizes waivers of rules listed in §107.205 when safety is shown; applications need a complete operational description and safety justification; the FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes. encourages filing 60 days early; waivers can contain mandatory provisions; they don’t override state/local law; and they can be canceled at any time. Be able to identify commonly waived sections like §§107.39, 107.41, 107.51, and 107.145, and recognize when over-people restrictions are subject to waiver. ^[1][2][3][5]