By law, any aircraft operation in the national airspace requires a certificated and registered aircraft, a licensed pilot, and operational approval. Section 333 of theFAA Modernization and Reform Act of 2012 (FMRA) grants the Secretary of Transportation the authority to determine whether an airworthiness certificate is required for a UAS to operate safely in the National Airspace System (NAS).
This authority is being leveraged to grant case-by-case authorization for certain unmanned aircraft to perform commercial operations prior to the finalization of the Small UAS Rule, which will be the primary method for authorizing small UAS operations once it is complete.
The Section 333 Exemption process provides operators who wish to pursue safe and legal entry into the NAS a competitive advantage in the UAS marketplace, thus discouraging illegal operations and improving safety. It is anticipated that this activity will result in significant economic benefits, and the FAA Administrator has identified this as a high priority project to address demand for civil operation of UAS for commercial purposes.
Learn more here
Frequently asked questions
What is an unmanned aircraft system (UAS)?
A UAS is the unmanned aircraft (UA) and all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the unmanned aircraft.
The UA is the flying portion of the system, flown by a pilot via a ground control system, or autonomously through use of an on-board computer, communication links and any additional equipment that is necessary for the UA to operate safely. The FAA issues an experimental airworthiness certificate for the entire system, not just the flying portion of the system.
I want to fly a UAS for business purposes…do I need approval from the FAA?
Yes. There are presently three methods of gaining FAA approval for flying civil (non-governmental) UAS:
Why do commercial operations require a different process? What are the obstacles to standards, certification, and operating procedures?
All operations conducted in civil airspace must meet minimum levels of safety. Public UAS operators have the ability to self-certify their equipment and personnel, but civil operators are certified by the FAA. We believe civil operators will benefit from the collaboration between the FAA and the public operators. Presently, the FAA is drafting a rule to address small UAS (less than 55 lbs.). Until that rule is promulgated, anyone wishing to operate a UAS for purposes other than hobby/recreational must obtain a grant of exemption issued under Section 333 or type and airworthiness certificate.
Can news media fly a UAS to shoot stories or cover breaking news?
News media use of a UAS is not for hobby or recreational purposes, so FAA authorization is necessary. Media organizations may hire a company that already has a Section 333 exemption; that company would have to apply for and obtain a Certificate of Waiver or Authorization (COA) to fly in a particular block of airspace. Media organizations also may apply for their own Section 333 exemptions. Seehttp://www.faa.gov/uas/legislative_programs/section_333/
Which governs the airspace over my property – FAA regulations or local/state laws about unmanned aircraft systems (UAS)?
Under 49 United States Code 40103, the United States Government has exclusive sovereignty of airspace of the United States and the FAA has the authority to prescribe air traffic regulations on the flight of aircraft, including UAS. Whether Federal law preempts state or local requirements for UAS depends on the precise nature of those requirements. The Department of Transportation evaluates these laws or requirements on a case-by-case basis to make sure they don't conflict with FAA's authority to provide safe and efficient use of U.S. airspace.
This authority is being leveraged to grant case-by-case authorization for certain unmanned aircraft to perform commercial operations prior to the finalization of the Small UAS Rule, which will be the primary method for authorizing small UAS operations once it is complete.
The Section 333 Exemption process provides operators who wish to pursue safe and legal entry into the NAS a competitive advantage in the UAS marketplace, thus discouraging illegal operations and improving safety. It is anticipated that this activity will result in significant economic benefits, and the FAA Administrator has identified this as a high priority project to address demand for civil operation of UAS for commercial purposes.
Learn more here
Frequently asked questions
What is an unmanned aircraft system (UAS)?
A UAS is the unmanned aircraft (UA) and all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the unmanned aircraft.
The UA is the flying portion of the system, flown by a pilot via a ground control system, or autonomously through use of an on-board computer, communication links and any additional equipment that is necessary for the UA to operate safely. The FAA issues an experimental airworthiness certificate for the entire system, not just the flying portion of the system.
I want to fly a UAS for business purposes…do I need approval from the FAA?
Yes. There are presently three methods of gaining FAA approval for flying civil (non-governmental) UAS:
- Special Airworthiness Certificates – Experimental Category (SAC-EC) for civil aircraft to perform research and development, crew training, and market surveys. However, carrying persons or property for compensation or hire is prohibited. For more information, please contact the Airworthiness Certification Service, AIR-113, at 202-267-1575. 1,3
- Obtain a UAS type and airworthiness certificate in the Restricted Category (14 CFR § 21.25(a)(2) and § 21.185) for a special purpose or a type certificate for production of the UAS under 14 CFR § 21.25(a)(1) or § 21.17. 7,8
- Petition for Exemption with a civil Certificate of Waiver or Authorization (COA) for civil aircraft to perform commercial operations in low-risk, controlled environments. For more information, please visit our Section 333 page. Instructions for petitioning for exemption are available here.
Why do commercial operations require a different process? What are the obstacles to standards, certification, and operating procedures?
All operations conducted in civil airspace must meet minimum levels of safety. Public UAS operators have the ability to self-certify their equipment and personnel, but civil operators are certified by the FAA. We believe civil operators will benefit from the collaboration between the FAA and the public operators. Presently, the FAA is drafting a rule to address small UAS (less than 55 lbs.). Until that rule is promulgated, anyone wishing to operate a UAS for purposes other than hobby/recreational must obtain a grant of exemption issued under Section 333 or type and airworthiness certificate.
Can news media fly a UAS to shoot stories or cover breaking news?
News media use of a UAS is not for hobby or recreational purposes, so FAA authorization is necessary. Media organizations may hire a company that already has a Section 333 exemption; that company would have to apply for and obtain a Certificate of Waiver or Authorization (COA) to fly in a particular block of airspace. Media organizations also may apply for their own Section 333 exemptions. Seehttp://www.faa.gov/uas/legislative_programs/section_333/
Which governs the airspace over my property – FAA regulations or local/state laws about unmanned aircraft systems (UAS)?
Under 49 United States Code 40103, the United States Government has exclusive sovereignty of airspace of the United States and the FAA has the authority to prescribe air traffic regulations on the flight of aircraft, including UAS. Whether Federal law preempts state or local requirements for UAS depends on the precise nature of those requirements. The Department of Transportation evaluates these laws or requirements on a case-by-case basis to make sure they don't conflict with FAA's authority to provide safe and efficient use of U.S. airspace.