Part 107 rules govern how small unmanned aircraft systems (sUAS) operate in U.S. airspace. When you apply for a waiver to operate outside these rules, the FAA wants proof you’re prepared to handle the risks.

You can’t just wing it when applying for a Part 107 waiver.

That’s where your CONOPs comes in.

You will need to submit a Concept of Operations (CONOPs) document that lays out everything about your proposed drone operations.  It tells the FAA what you’ll do, how you’ll do it, and, most importantly, how you’ll keep the skies and people safe. 

Without it, your waiver application is toast. Vague or incomplete documents are will also result in a rejection.

In this guide, we will look at: 

  • What a CONOPs is, what it covers why it’s crucial for Part 107 waiver approval.
  • Key Elements of a Strong CONOPs: Learn what it takes to create a winning document.
  • FAA Evaluation Criteria: Understand how the FAA reviews your waiver and what they expect to see in your submission.
  • Practical Tips for a Successful Application: Tools, templates, and strategies to help you prepare a thorough and FAA-compliant CONOPs.

Understanding CONOPs and Their Role in Part 107 Waivers

Your CONOPs must include three critical elements.

  • First, your operational overview. What kind of drone are you flying? What’s the mission? For example, are you inspecting cell towers in a rural area or mapping a construction site in a busy city?
  • Next, there’s risk identification. You have to spell out every potential hazard – equipment malfunctions, airspace conflicts, or even bad weather. If it could go wrong, it should be in your CONOPs.
  • Finally, risk mitigation strategies. Show the FAA how you’ll handle those risks. For instance, if there’s a chance of losing line-of-sight, explain how your visual observers or automation will maintain safety.

The FAA depends on this document to make decisions. A sloppy CONOPs can derail your entire waiver application. 

Let’s say you’re applying for a BVLOS waiver. Your CONOPs needs to explain how you’ll manage risks like losing line-of-sight or avoiding other aircraft. Maybe you’ll use visual observers, advanced detection technology, or a robust communication plan. Be specific.

Or maybe you’re requesting a nighttime operation waiver. Your CONOPs should detail how you’ll deal with limited visibility. For example, you might use anti-collision lights, perform extra pre-flight checks, or rely on additional crew members to monitor the flight path.

The FAA reviews thousands of waiver applications. Yours needs to show you’ve done the work. You’ve thought of every angle, identified every hazard, and laid out practical ways to manage them.

Related Reading: Key FAA Drone Regulations Every U.S. Pilot Should Know

Elements of a Strong CONOPs

– Aircraft Details

You can’t just tell the FAA, “I have a drone.”

They want specifics. 

  • Start with the basics. What’s the type and model of your drone? For example, are you flying a DJI Mavic 3 or a custom-built sUAS? Name it. The FAA needs to know exactly what they’re dealing with.
  • Next are the specs. What’s the range of your drone? How far can it fly before it loses signal or runs out of power? Most consumer drones, like the DJI Phantom series, have a range of about 4 to 7 kilometers.
  • Then, talk about weight. This is critical for safety. Does your drone weigh 2 pounds or 20 pounds? The FAA needs to assess how your sUAS will impact its surroundings in case of failure.
  • Highlight the safety features. Does your drone have GPS, collision avoidance systems, or a “return-to-home” function? Mention it. These features can help with your application. For example, collision avoidance is great for operations near structures or in busy airspaces.
  • Finally, be upfront about limitations. No drone is perfect. If your aircraft struggles in high winds or has a short battery life, say so. A DJI Mini 2, for instance, might perform well in calm weather but falter in gusts over 20 mph. Addressing these issues shows you’ve thought through potential problems and are prepared to handle them.

– Specifics Of Operational Location

“I’m flying near this area” is vague, and vague won’t cut it. They need precise geographical data, and it’s your job to provide it.

Start with a KML file. It lets you map out your exact flight boundaries in Google Earth or Maps. 

No KML file? Use GPS coordinates. Give the FAA the center point of your flight area and the radius. For example, if you’re flying in a 2-kilometer circle around a construction site, they need to know where that circle starts and ends.

You also need to think about what’s nearby.

Flying near critical infrastructure? Include it. Maybe there’s a hospital, power plant, or even a busy highway in your operational zone. Mention it and explain how you’ll handle the risks.

What about airports? f your location is within 5 miles of an airport, you need to explain your plan. Are you coordinating with air traffic control? Will you stick to specific altitude limits? Lay it all out.

And don’t forget population density. Are you flying over sparsely populated farmland or a crowded urban neighborhood? Be honest. For example, if your area includes a mix of open fields and residential streets, break it down by percentage or zone.

This level of detail will show you’ve done your research and analysis of the area. 

– Airspace Assessment

Before you fly, you need to know exactly what kind of airspace you’ll be operating in. Controlled? Uncontrolled? Special-use? These distinctions matter, and the FAA expects you to know them inside and out.

If you’re in controlled airspace, you’re sharing the sky with manned aircraft. That means coordination is non-negotiable. Are you near a Class B or Class C zone? Then you’ll need air traffic control authorization.

Flying in special-use airspace? That’s a whole other challenge. Maybe you’re near a military operations area or a restricted zone. If so, explain how you’ll avoid conflicts. For instance, will you limit your operations to certain hours or altitudes? Be specific.

But identifying the airspace is only half the job.

You also need a solid plan for communicating with nearby air traffic.

Let’s say you’re operating close to a regional airport. How will you handle unexpected aircraft in your area? Maybe you’ll assign a crew member to monitor live radio communications or keep a lookout for other aircraft. 

Then there’s situational awareness. Will other aircraft be flying nearby? If so, how will you avoid collisions? For example, if you’re flying a drone for photography at 300 feet, how will you monitor the airspace for low-flying planes? Maybe you’re relying on visual observers stationed strategically around your area.

– Outlining the Theory of Operation

The FAA want to see exactly how you’ll manage every aspect of your operation, from pre-flight to shutdown. This is where you prove you’re prepared to fly safely and responsibly.

Start with pre-flight preparations. Will you conduct a site visit beforehand? If so, what are you checking for? Maybe it’s obstacles, weather patterns, or potential interference. For example, if you’re operating in a rural area, you might need to identify power lines or livestock paths.

Next comes your weather assessment. You need to know the conditions before takeoff. Are you checking live radar? Using apps like UAV Forecast? Indicate so. If the forecast predicts winds over 20 mph or a chance of rain, how will you adjust your plans?

Now, let’s talk crew responsibilities.

Who’s doing what? If you have a Remote Pilot in Command (RPIC), their duties need to be crystal clear. Are they responsible for maintaining line-of-sight? Monitoring battery levels? Both? Write it down.

What about visual observers? If you’re flying beyond visual line of sight (BVLOS), they’re essential. Will you station them around your flight zone? Equip them with radios to communicate with the RPIC? Be specific.

And don’t forget your emergency procedures. If your drone loses signal or veers off course, what’s the plan? Maybe you’ll use an automated return-to-home feature or a manual override. For instance, if you’re inspecting a cell tower and the drone malfunctions, explain how you’ll safely bring it down without causing damage or risking public safety.

– Crew Qualifications and Responsibilities

Your crew is the backbone of your operation. If they’re not up to par, your entire application is at risk.

The FAA needs to know your team is skilled, trained, and prepared for every scenario. That means clear roles, relevant certifications, and enough experience to handle the unexpected.

Roles and Duties

Every crew member should know exactly what’s expected of them. 

  • Remote Pilot in Command (RPIC):
    • Responsible for the overall safety of the operation.
    • Maintains line-of-sight with the drone (unless operating BVLOS).
    • Manages flight controls, communication, and decision-making during emergencies.
    • Conducts pre-flight inspections and approves weather conditions before launch.
  • Visual Observers (VOs):
    • Maintain a constant watch over the drone and surrounding airspace.
    • Communicate any hazards or obstacles to the RPIC in real time.
    • Monitor aircraft position when operating beyond line-of-sight (BVLOS).
    • Assist in detecting nearby aircraft, ensuring compliance with FAA regulations.
  • Additional Crew (if applicable):
    • Specialized operators for payload management, such as cameras or sensors.
    • Ground support for managing equipment, batteries, and logistics.

Training, Experience, and Certifications

Every crew member should have formal training relevant to their role. For example, the RPIC should have passed the FAA Part 107 test. VOs should know how to use tools like binoculars and radios effectively.

Numbers matter. If the RPIC has logged 100 flight hours, include it. If the team has completed similar operations, mention that too. For instance, “Our RPIC has 250 hours of BVLOS operation in rural areas.”

Certifications:

  • FAA Part 107 certification for the RPIC.
  • Additional certifications for advanced operations, such as nighttime or BVLOS waivers.
  • Documented safety training for all crew members.

This is to show the FAA you’ve built a team that can operate safely, manage risks, and respond effectively under pressure.

Show their skills. Prove they’re ready.

Take a Part 107 Preparatory Online Course here. 

FAA Evaluation Criteria

Your waiver hinges on how well you address their evaluation criteria.

Risk Analysis and Mitigation

The first thing the FAA will scrutinize is your risk analysis. 

Start by identifying potential hazards. What could go wrong during your operation? For example, if you’re flying beyond visual line of sight (BVLOS), you might face communication link failures, airspace conflicts, or drone malfunctions.

Assess the likelihood and severity of each hazard. Is a signal loss rare but catastrophic? Or is airspace congestion frequent but manageable? Be realistic. The FAA wants to see you’ve thought through the worst-case scenarios.

Next, lay out your mitigation strategies. If you’re operating BVLOS, you might use a combination of visual observers, automated collision-avoidance systems, and robust pre-flight checks. Explain how these measures will reduce risks to an acceptable level.

Finally, predict the residual risk—the risk that remains after all mitigations are applied. Be honest but confident. If your measures reduce a high-risk scenario to a low-risk one, make that clear. For example, you could state: “Using visual observers and redundant communication systems, the likelihood of a midair collision drops from 1 in 1,000 to 1 in 100,000.”

Every detail matters. 

Aligning with Part 107 Guide Questions

There are guide questions for each waiver type.

For a BVLOS waiver, you might need to answer:

  • How will the RPIC maintain control of the drone at all times?
  • What procedures will you use to detect and avoid other aircraft?
  • How will you mitigate risks if the drone loses communication with the ground station?

If you’re requesting a waiver for operations from a moving vehicle, the questions shift. You’ll need to explain:

  • How will you manage the dynamic environment, like traffic or obstacles?
  • What safeguards will you use to avoid loss of visual line-of-sight?

Answer every question. No exceptions. 

Examples make a difference. If you’ve previously conducted a successful nighttime operation using anti-collision lights and VO communication, say so. If you’re using third-party validation for your risk mitigation technologies, include it.

Practical Tips for Putting Together Effective CONOPs

  • Using Manuals and Procedures

The FAA values thorough documentation, and a strong operational manual can boost your CONOPs significantly. It outlines every detail of your operation, from pre-flight to emergency protocols.

Your manual should include step-by-step instructions for safe operations. For instance, if you’re conducting BVLOS flights, include detailed guidance on how your crew will monitor the drone, communicate risks, and handle emergencies.

Explain the why behind each step.

Why do you conduct a full pre-flight inspection? To prevent equipment failures mid-flight. Why do you train visual observers on specific equipment? To improve their ability to detect hazards quickly. Clear rationale shows you’re committed to precision, safety, and professionalism.

  • Online Tools and Resources

Creating a CONOPs can feel overwhelming, but you don’t have to go it alone. The right tools can save you time and improve your application.

i. Templates

Start with templates. Many online drone academies provide pre-designed CONOPs templates. These guides break down what to include and how to format your document, so you’re not starting from scratch.

ii. FAA Resources

You’ll make the Part 107 waiver application through the DroneZone platform.  

On FAA’s site, you will find resources to help you through the process like:

View successful applications here: FAA: Part 107 Waivers Issued.

iii. Training Courses

Consider taking a specialized course. These offer in-depth instructions, real-world examples, and tips to avoid common mistakes. Investing in knowledge can make the difference between an accepted waiver and a rejected one.

Common Challenges and How to Overcome Them

Each waiver type comes with its own set of challenges, so let’s break down the most common ones and how you can tackle them.

107.31 – Beyond Visual Line of Sight (BVLOS)

The FAA is concerned about what could happen when you lose direct sight of your drone during BVLOS flights. Will it collide with another aircraft? Will it drift into restricted airspace? These are real concerns, and your waiver application needs to show you’re ready to handle them.

Strategies you can use to address these risks include:

  • Visual Observers (VOs): Station them strategically along the flight path to monitor airspace. For example, if you’re mapping a 10-acre farm, place observers at key points to maintain coverage.
  • Detect-and-Avoid Technology: Invest in systems like radar or ADS-B receivers to identify nearby aircraft. Explain how this technology will alert you to potential collisions.
  • Predefined Flight Paths: Map out your drone’s route and stick to it. Include coordinates in your application to show you’ve thought this through.

107.39 – Operations Over People

Flying over people is high risk and heavily scrutinized.

The FAA’s primary concern is simple: What happens if your drone falls? Even a small drone, like a DJI Mini 3, can cause serious injury if it malfunctions mid-air.

One recent incident led to a 7-year old getting hospitalized over Christmas. 

Read about it here: FAA Grounds Sky Elements After Orlando Drone Show Accident

To mitigate these risks, you’ll need to show the FAA you’ve covered every angle:

  • Safety Features: Highlight equipment like parachutes, propeller guards, or redundancy systems. For example, the ASTM F3322-18 standard certifies parachutes designed specifically for drones.
  • Controlled Access Areas: Restrict access to your flight zone. For instance, if you’re filming at an event, use barriers to keep people out of harm’s way.
  • Thorough Risk Analysis: Detail the likelihood of failure and what happens if it occurs. Include data from past operations if available.

Unique Issues in High-Risk Scenarios

Some waiver requests push the boundaries, but it all comes down to risk management.

Let’s say you’re operating from a moving vehicle. This adds complexity because the environment is constantly changing. Cars, pedestrians, and unexpected obstacles create a dynamic hazard landscape. Your waiver must show how you’ll manage this:

  • Dedicated Crew: Assign roles like a spotter for obstacles and a driver who isn’t distracted by drone operations.
  • Dynamic Flight Adjustments: Plan for real-time changes. For instance, if your vehicle stops unexpectedly, how will your drone respond?

Or if you’re flying at night, limited visibility increases the chance of losing the drone or missing other aircraft. Your plan might include:

  • Anti-Collision Lights: FAA-approved strobes that make your drone visible for up to 3 miles.
  • Weather Monitoring Tools: Real-time data to predict and avoid dangerous conditions like fog.

High-risk scenarios demand high-level preparation. Show the FAA you’ve accounted for every possibility.

Value Of Clarity and Completeness

This can’t be stressed enough: Vague submissions get rejected. Period.

If your waiver application leaves the FAA guessing, you’re setting yourself up for failure. They don’t want broad statements or half-baked plans. They want details—clear, thorough, and easy to follow.

So be very specific. Don’t say, “We’ll monitor the airspace.” Instead, explain how you’ll do it. Will you use visual observers stationed at specific locations? Will you rely on real-time airspace monitoring tools like ADS-B receivers? Spell it out.

Avoid gaps in your documentation. Missing information is one of the top reasons applications get denied. If you’re applying for a BVLOS waiver, include every detail about your communication systems, contingency plans, and airspace monitoring methods. The FAA should be able to read your submission and picture the entire operation without needing clarification.

In regards to clarity, use simple, straightforward language. Avoid jargon that only drone experts understand. If you mention advanced technology, like detect-and-avoid systems, explain how it works in your specific operation. For example, “Our drone uses XYZ radar technology to identify aircraft within a 3-mile radius and automatically adjust flight paths to avoid collisions.”

Thorough documentation also means attaching the right supporting materials. Are you using a predefined flight area? Include a KML file. Are you planning nighttime operations? Add photos or specs of your anti-collision lights.

Here’s a simple rule: if it’s important to your operation, document it.

Finally, review your submission. Then review it again. Have a colleague or trusted expert read it with fresh eyes. They might catch something you missed—a missing diagram, unclear instructions, or even a typo.

Take the time to get it right. It’s worth the effort.

Also Read: Remote ID For Drones: What It Is And How It Works

FAQs for CONOPs And Part 107 Waiver Applications

What is the purpose of a Part 107 waiver?

A Part 107 waiver allows you to perform drone operations that deviate from standard FAA regulations. For example, if you need to fly beyond visual line of sight (BVLOS), over people, or at night, a waiver is required. These waivers ensure safety and accountability by requiring detailed risk assessments and mitigation strategies.

What factors does the FAA evaluate in a waiver application?

The FAA evaluates your Concept of Operations (CONOPs), operational location, aircraft details, unique hazards, and proposed risk mitigations. They also assess the severity and likelihood of risks both before and after mitigations are applied. Providing detailed and clear documentation is critical for a successful application.

What types of operations can be waived under Part 107?

You can request waivers for specific sections of Part 107 to perform operations that are otherwise restricted. These include:

  • 107.25 – Operations from a Moving Vehicle or Aircraft:
    • Flying from a moving car or boat in non-sparsely populated areas.
    • Waivers for operations from aircraft are highly restricted.
  • 107.29 – Daylight Operation:
    • Conducting drone operations at night.
    • Requires visible anti-collision lights and other safety measures.
  • 107.31 – Visual Line of Sight (VLOS):
    • Flying drones beyond the pilot’s direct visual line of sight (BVLOS).
    • Common for mapping, inspections, and long-range operations.
  • 107.33 – Visual Observers:
    • Waiving the requirement to have visual observers maintain visual line of sight during BVLOS operations.
  • 107.35 – Operation of Multiple Small Unmanned Aircraft:
    • Operating more than one drone simultaneously by a single Remote Pilot in Command (RPIC).
  • 107.37(a) – Right-of-Way Rules:
    • Waiving the requirement for drones to yield to all manned aircraft and maintain well-clear distances.
  • 107.39 – Operations Over People:
    • Flying over non-participants, such as during events or urban operations.
    • Requires significant safety measures, such as ASTM F3322-certified parachutes.
  • 107.41 – Operations in Certain Airspace:
    • Conducting flights in controlled airspace (e.g., Class B, C, D, or E), often combined with airspace authorizations.
  • 107.51 – Operating Limitations for Small Unmanned Aircraft:
    • 107.51(a): Flying faster than the 100 mph ground speed limit.
    • 107.51(b): Flying above 400 feet AGL in unrestricted areas.
    • 107.51(c): Operating with visibility of less than 3 statute miles.
    • 107.51(d): Operating closer than 2,000 feet horizontally or 500 feet below clouds.

Each waiver type comes with its own set of requirements, risks, and evaluation criteria. 

What steps can I take to strengthen my waiver application?

To boost your chances of FAA approval, focus on these areas:

  • Detail Every Aspect: Provide a clear and complete Concept of Operations (CONOPs) covering all operational specifics.
  • Perform a Comprehensive Risk Analysis: Identify hazards, assess their likelihood and severity, and explain your mitigation strategies.
  • Use Supporting Documentation: Include manuals, procedures, or additional data to demonstrate operational consistency and safety.
  • Be Specific: Avoid vague language. Describe exact measures, such as using visual observers or detect-and-avoid technology.
  • Follow FAA Guide Questions: Address all applicable guide questions for your waiver type.
  • Provide Data: Use third-party validation or performance data to substantiate your safety claims.
  • Review Thoroughly: Double-check your application for clarity, completeness, and accuracy before submission.

Do I need to include manuals or procedures in my waiver application?

No, the FAA does not require manuals in Part 107 waiver applications. However, including them demonstrates your commitment to safety and operational consistency. Manuals can provide valuable context for your risk mitigation strategies, making your application more comprehensive and reviewer-friendly.

Can I apply for a waiver to operate BVLOS?

Yes, but BVLOS waivers require detailed planning and safety measures. You must explain how you’ll detect and avoid other aircraft, maintain communication with your drone, and mitigate risks like signal loss. For example, using visual observers or detect-and-avoid technology strengthens your application.

What is required for a waiver to operate over people?

To fly over people, you must address the risk of drone failure. This includes outlining safety features like parachutes or propeller guards, ensuring controlled access to the flight zone, and providing a detailed risk analysis. For instance, ASTM-certified parachutes can be a strong mitigation tool.

How do I handle operations from a moving vehicle?

A waiver for operations from a moving vehicle must address dynamic hazards like traffic and pedestrian risks. Your application should include strategies to maintain line-of-sight and handle communication disruptions. For example, assigning specific roles for vehicle navigation and drone control ensures smoother operations.

What are the key elements of a strong CONOPs?

A strong CONOPs includes an operational overview, detailed risk analysis, and mitigation strategies. It should describe your sUAS, operational location, and procedures. Be specific about hazards and how you’ll address them. For instance, if flying near populated areas, explain how you’ll avoid flying over people or property.

Are visual observers (VOs) required for BVLOS operations?

Not always, but they are a common method for ensuring safety. If you include VOs in your plan, they must maintain an unobstructed view of the airspace and detect aircraft in time for the RPIC to react. Studies show effective detection ranges are around 1.5 to 2 statute miles.

What risks must be mitigated for operations near clouds?

For operations closer than 2,000 feet horizontally or 500 feet below clouds, you’ll need to ensure visibility and avoid hazards. Your application should detail how you’ll measure visibility accurately and maintain separation from clouds and other aircraft.

How can I demonstrate compliance with detect-and-avoid requirements?

Detect-and-avoid (DAA) systems must be reliable and validated. You can use FAA-certified systems or provide third-party validation for alternative technologies. For instance, ground-based radars or onboard sensors can enhance your ability to detect and avoid aircraft in real-time.