Section 352 Responses to the 2018 FAA Reauthorization Act
The FAA has published examples of safety justifications for small unmanned aircraft system (UAS) waivers and airspace authorizations in accordance with Section 352 of the 2018 FAA Reauthorization Act.
Here are sample safety justifications that have been approved by the FAA for each regulation waived:
- Operation from a moving vehicle or aircraft (14 CFR § 107.25) (PDF)
- Operations at night (14 CFR § 107.29(a)(2) and (b) - Anti-collision light requirement for operations at night and during periods of civil twilight.
- Visual line of sight aircraft operation (14 CFR § 107.31) (PDF)
- Visual observer (14 CFR §107.33) states if a visual observer is used during the aircraft operation, all of the requirements of 107.33 must be met. Because using a visual observer is not a requirement to operate a small unmanned aircraft in compliance with the standard provisions of part 107, waiver requests to 107.33 should be requested in combination with an additional regulatory section listed in 107.205. For example, the FAA has included 107.33 in issued waivers in combination with waivers to 107.31.
- Operation of multiple small unmanned aircraft (14 CFR § 107.35) (PDF)
- Operation near aircraft; right-of-way rules (14 CFR 14 CFR § 107.37) - The agency has not approved a waiver application for this section.
- Operation over human beings (14 CFR § 107.39)
- Operation in certain airspace (4 CFR §107.41) - To operate a small unmanned aircraft in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace request authorization from Air Traffic Control (ATC) via Low Altitude Authorization and Notification Capability (LAANC) or for non-LAANC enabled locations, through the authorization portal of FAADroneZone.
- Maximum groundspeed of the small unmanned aircraft (14 CFR§ 107.51(a)) (PDF)
- Maximum altitude of the small unmanned aircraft (14 CFR § 107.51(b)) (PDF)
- Minimum flight visibility (14 CFR § 107.51(c)) (PDF)
- Minimum distance of the small unmanned aircraft from clouds (14 CFR § 107.51(d)) (PDF)
- Operations over moving vehicles (14 CFR § 107.145)