GPS World

Tag: Section 333

  • FAA clarifies changes before small drone rule takes effect

    The Federal Aviation Administration’s (FAA) new small drone rule — formally known as Part 107 — is effective on Monday, Aug. 29. The FAA has released information to help drone users understand the new requirements.

    Below is information on Part 107’s effect on Section 333 waivers, along with how to obtain a Part 107 waiver.

    Section 333 vs. Part 107: What works for you?

    The biggest question is whether you are better off flying under the provisions of Part 107, or should continue using your existing exemption? The video below explains what happens to your Section 333 exemption grant or petition for exemption.

    Your exemption is valid until it expires — usually two years after it was issued. Even after Part 107 becomes effective, you may choose to fly following the conditions and limitations in your exemption.

    However, if you want to operate under the new Part 107 regulations, you’ll have to obtain a remote pilot certificate and follow all of the rule’s operating provisions. You must apply for a waiver if some parts of your operation don’t meet the rule’s requirements.

    If you already have a Certificate of Waiver or Authorization (COA) under your Section 333 exemption, you can continue to fly under the COA limitations until it expires. If you don’t already have a COA, you probably won’t need one when the new drone rules go into effect.

    However, if you want to fly in controlled airspace, you will need permission from FAA air traffic control. Details about obtaining that permission will be online at www.faa.gov/uas when the small drone rule is effective on Aug. 29.

    If you applied for a Section 333 exemption but haven’t received it yet, you should have received a letter from the FAA with specific information about the status of your petition. Generally, if your petition is pending and falls within the provisions of the rule, you should follow the steps outlined in the rule.

    Whether you choose to fly under your exemption or under the new small drone rule is your choice, depending on how you want to operate your aircraft. You’ll have to compare the conditions and limitations in your exemption to the operating requirements in the rule to determine which one best addresses your needs.

    Applying for a waiver under the new drone rules

    Part 107 allows for some expanded operations based on technology mitigations if you can make the safety case for a waiver of some provisions. Operators can apply for waivers to operate at night, beyond line of sight, above 400 feet and other specific types of operation.

    Here’s what you need to know about the waiver process:

    • Under Part 107, you may request a waiver of certain provisions starting Aug. 29 if your operations don’t quite fit under the rule’s provisions. On Aug. 29, the FAA will have an online portal you can use to request waivers of applicable Part 107 regulations at www.faa.gov/uas.
    • The FAA won’t grant waivers automatically, and processing your waiver request may take time. The exact length of time will depend on the volume of requests the agency receives and the complexity of the waiver application. You should submit your waiver requests to the FAA as early as possible, at least 90 days before you plan to fly.
    • If you have a Section 333 exemption grant, and we previously said you could operate under Part 107 with a waiver, you will receive a letter notifying you that we have granted you a 0waiver or that we need additional information for you to make your safety case. (See above section.)

    Information on the regulations potentially eligible for a waiver is here. Below is a short video on the waiver process.

     

  • Insurance and law firms start drone services

    Insurance companies in the U.S. and Canada have jumped on the UAV bandwagon, with many now offering coverage for commercial drone users. The insurance usually covers liability for any damage caused by the drone, with comprehensive options covering damage to the drone itself.

    Unmanned Risk Management, which also insures helicopters and other aircraft, has insured drones in all 50 U.S. states and in other countries, and has insured the seven film operators that received Section 333 exemptions.

    ProSight Specialty Insurance, which operates in the U.S. and UK, was given a Best in Biz Award partly for creating insurance for drone operators. ”It’s so prescient and forward-thinking given the burgeoning use of drones in today’s business world,” said a Best in Biz judge.

    AIG has developed commercial UAV coverage designed for the exposure faced by remotely piloted, semi-autonomous and fully autonomous aircraft.

    In Canada, Intact Insurance’s UAV coverage caters to small and medium-sized businesses that use or plan to use drones in their business operations.

    Meanwhile, a Chicago law firm is now specializing in federal commercial drone law. Antonelli Law became the first law firm in the U.S. to be invited by drone maker DJI to participate in the company’s referral program for commercial drone users to help them receive Section 333 exemptions from the Federal Aviation Administration (FAA). In 2015, Antonelli Law filed more than 50 petitions with the FAA.

    The firm also launched a specialized drone law service for police and fire departments, community colleges, universities and municipalities obtain FAA exemptions.

  • FAA Streamlines Waivers for UAS Exemption Holders

    The Federal Aviation Administration has established an interim policy to speed up airspace authorizations for certain commercial unmanned aircraft operators who obtain Section 333 exemptions. The new policy helps bridge the gap between the past process, which evaluated every UAS operation individually, and future operations after the FAA publishes a final version of the proposed small UAS rule.

    Under the new policy, the FAA will grant a Certificate of Waiver or Authorization (COA) for flights at or below 200 feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or heliports:

    • 5 nautical miles (NM) from an airport having an operational control tower; or
    • 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or
    • 2 NM from an airport without a published instrument flight procedure or an operational tower; or
    • 2  NM from a heliport with a published instrument flight procedure

    The blanket 200-foot COA allows flights anywhere in the country except restricted airspace and other areas, such as major cities, where the FAA prohibits UAS operations. Previously, an operator had to apply for and receive a COA for a particular block of airspace, a process that can take 60 days. The agency expects the new policy will allow companies and individuals who want to use UAS within these limitations to start flying much more quickly than before.

    Section 333 exemption holders will automatically receive a blanket 200-foot COA. For new exemption holders, the FAA will issue a COA at the time the exemption is approved. Anyone who wants to fly outside the blanket parameters must obtain a separate COA specific to the airspace required for that operation.

    More information on the UAS exemption process is available on the FAA’s UAS page.