Certification Paths for Large Drones and Advanced Operations

FAA Part 107 is the backbone of commercial small drone operations in the United States, enabling a revolution in photography, surveying, and inspections. However, it has clear limits: a 55-pound weight cap, visual line-of-sight (VLOS) only, and no allowance for operations over people (OOP) or carrying hazardous materials. For the next wave of drone innovation—autonomous cargo delivery, large-scale infrastructure monitoring, and passenger eVTOLs—you need to look beyond Part 107.

When Part 107 Isn't Enough

Part 107 is designed for low-risk, simple operations. Your project likely exceeds its boundaries if it involves:

● Weight: Your unmanned aircraft weighs more than 55 lbs.

● Operations: You need to fly Beyond Visual Line-of-Sight (BVLOS), directly over people, or at night in complex airspace.

● Purpose: You are carrying external cargo or eventually, passengers.

● Autonomy: Your vehicle operates with a high degree of automation.

In these cases, you must seek approval through more advanced regulatory pathways.

Alternative Path 1: The Part 44807 Exemption

For many years, the primary path for advanced operations was to petition the FAA for a exemption under Section 44807 (formerly Section 333). This is a case-by-case grant of authority that allows you to operate a specific UAS for a specific purpose outside the rules of Part 107.

● Process: You must demonstrate to the FAA that your operation can achieve an equivalent level of safety as a manned aircraft operation under Part 91. This is done by submitting a detailed petition that includes a robust safety case.

● Considerations: The 44807 process is time-consuming, resource-intensive, and the outcome is never guaranteed. It's a valid path for proving a concept or conducting limited testing, but it is not a scalable solution for widespread commercial deployment.

Alternative Path 2: Part 91 for Experimental & R&D

For flight testing and development before you pursue a full type certificate, operating under Part 91 with an Experimental airworthiness certificate is common. This allows you to fly your large drone or eVTOL prototype to gather data and validate performance, but with strict limitations: no commercial payload and operations confined to designated test areas.

The Future: Anticipated Part 108 Regulation

Recognizing the limitations of the exemption-based system, the FAA is developing a new rule specifically for larger and more complex drones: Part 108. This anticipated regulation is expected to create a more predictable and scalable framework for operations that exceed Part 107's limits. While its final form is still under development, Part 108 will likely address:

● Standards for BVLOS operations.

● Requirements for DAA (Detect and Avoid) systems.

● Airworthiness criteria for larger UAS.

● Operational requirements for carrying property (cargo) and eventually passengers.

Smart companies are already aligning their certification strategies with the expected direction of Part 108.

The Role of Safety Cases: CMD and SRM/8040.4

Whether you are pursuing a 44807 exemption or preparing for Part 108, the cornerstone of your application will be a compelling safety case. For the FAA, this is increasingly framed around two key concepts:

Criteria for Making Determinations (CMD): For certain advanced operations, the FAA uses CMD documents to outline the specific, high-level safety criteria an applicant must meet. Your job is to demonstrate through analysis and test data that you meet these criteria.

Safety Risk Management (SRM) per Order 8040.4: This is the FAA's formal process for assessing risk. You must systematically identify hazards associated with your operation, assess their severity and likelihood, and define mitigations to reduce the risk to an acceptable level. Documenting this process is essential for gaining FAA approval.

Conclusion: Charting Your Course to Advanced Operations

Moving beyond Part 107 is a significant step, but it's the only path to unlocking the full potential of uncrewed aviation. By understanding the available options—from 44807 exemptions for initial market entry to building a Type Certificate foundation aligned with Part 108—you can develop a phased and strategic plan. Success hinges on your ability to build a data-driven, irrefutable safety case that demonstrates to the FAA you can safely share the airspace. This requires not just great engineering, but deep regulatory expertise.