Impact of Part 107 on 333 Exemption Applicants

As Part 107 nationwide testing began this week, UAVSA receives inquiries on 333 Exemptions and their status. With this in mind we decided to post a recap of the 333 Exemption and how it relates to Part 107.

Not surprisingly, there are many questions left unanswered such as what happens to the 333 Exemptions that have already been filed, but not yet decided upon.

If you are still wondering about a pending 333 Exemption, I have set out below a general framework of how the FAA is going to deal with the issue.  The filed Exemption falls under Part 107’s framework and you will be able to conduct aerial operations without an exemption under the recently-issued regulation. 

The exemption process was a bridge mechanism allowing legal operation until the implementation of Part 107.  Now that Part 107 is in place, testing commenced August 29, 2016, the FAA is reviewing pending Letters of Petition. I have listed three examples below.

Example #1

Your requested operation may be conducted entirely under Part 107 without a waiver or Exemption. The FAA will close your docket. For these groups, no further communication is necessary; however, it is incumbent upon you to carefully review Part 107 to ensure that you can safely operate without additional regulatory relief.

You should review the Part 107 regulation, and may begin operations in compliance with the new rule on the effective date.  However, if you believe your original request belongs in example #2 or #3 and you do not hear from the FAA within 60 days, contact them at 333exemotions@.faa.gov.

Example #2

Your requested operation must be conducted with a waiver under Part 107.

The FAA will contact you. They will close your docket, and consider your petition for exemption as a waiver application.

If you believe your original request requires a waiver and do not hear from the FAA, contact them at 9-AFS-800-Part107Waivers@.faa.gov.

Example #3

Your requested operation may not be conducted under Part 107 or waiver without further regulatory relief.

The FAA will contact you, and will continue working on your petition for exemption.

If you believe your original request requires an exemption (in other words, not in example #1 or #2) and do not hear from the FAA, contact them at 333exemotions(a).faa.gov.

 

Part 107 is a new pathway to UAS operations, and provides additional flexibility compared to the Conditions and Limitations of Section 333 exemptions that the FAA granted to date. For example, rather than obtaining a Part 61 airmen certificate, UAS operators may simply pass a knowledge test to obtain a Remote Pilot Certificate.

CERTIFICATE OF WAIVER.

Part 107 includes the option to apply for a Certificate of Waiver (CoW). This CoW will allow an UAS operation to deviate from certain provisions of Part 107 if the Administrator finds that the proposed operation can be safely conducted under the terms of that CoW. A list of the waiver sections of Part 107 can be found in §107.205 and are listed below:

• Section 107.25: Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.

• Section 107.29: Daylight operation.

• Section 107.31: Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.

• Section 107.33: Visual observer.

• Section 107.35: Operation of multiple small unmanned aircraft systems.

• Section 107.37(a): Yielding the right of way.

• Section 107.39: Operation over people.

• Section 107.41: Operation in certain airspace.

• Section 107.51: Operating limitations for small unmanned aircraft. 5.19.1 Applying for a CoW. To apply for a CoW under §107.200, an applicant must go to www.faa.gov/uas/ and follow the instructions.

Loren Stone

455 West Broad Street, Columbus, OH, 43215

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