By law, any aircraft operation in the national airspace requires a certificated and registered aircraft, a licensed pilot, and operational approval. Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) (PDF) 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).(1)
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.
There are presently two methods of gaining FAA authorization to fly civil (non-governmental) Unmanned Aircraft Systems (UAS):
Section 333 Exemption – a grant of exemption in accordance with Section 333 AND a civil Certificate of Waiver or Authorization (COA); this process may be used to perform commercial operations in low-risk, controlled environments.
Special Airworthiness Certificate (SAC) – applicants must be able to describe how their system is designed, constructed, and manufactured, including engineering processes, software development and control, configuration management, and quality assurance procedures used, along with how and where they intend to fly.
SAC in the experimental category – may be used for civil aircraft to perform research and development, crew training, and market surveys; however, carrying persons or property for compensation or hire is prohibited. FAA Order 8130.34 is used by FAA inspectors to issue experimental airworthiness certificates and special flight permits to UAS.
If the FAA determines the project does not present an unreasonable safety risk, the local FAA Manufacturing Inspection District Office will issue a Special Airworthiness Certificate in the Experimental Category with operating limitations applicable to the particular UAS.
Barnett Law Offices are experienced in assisting clients with applications for exemptions and will tailor each application to fit the particular needs of each individual client. Please feel free to contact us today.
(1. From the FAA Website)