A Path for Unmanned Aerial Systems (UAS) Through a

Section 333 Exemption

Gregory S. Winton, Esq. The Aviation Law Firm

Aviation Counsel to MAPPS

MAPPS Unmanned Aerial Systems – Section 333

UAS Background +  MAPPS membership began engagement on UAV/UAS in 2007

+  A MAPPS Aviation Bill Task Force recommended UAS provisions to Congress beginning in 2007

+  Randy Willis, the FAA official writing the commercial UAS plan, has been a speaker at several MAPPS conferences, and as recently as the Federal Programs Conference in Washington, DC on April 1, 2014

+  MAPPS created Aviation Legal Services Plan, 2013

MAPPS Unmanned Aerial Systems – Section 333

UAS Background +  Congress passed and President Obama signed the Federal Aviation

Administration Modernization and Reform Act, Public Law 112-95, February 14, 2012

+  Sec. 332 authorizes the FAA to implement a plan for integration of civil unmanned aircraft systems into national airspace system

+  Sec. 333 established and authorized special rules for certain unmanned aircraft systems

+  As a result of advocacy and engagement by MAPPS, aerial surveys were identified in the December, 2013 FAA “Roadmap”

+  A delegation from MAPPS met with Jim Williams, Manager of the FAA's Unmanned Aircraft Systems (UAS) Integration Office, April 3, 2014

MAPPS Unmanned Aerial Systems – Section 333

UAS Background +  Sec. 333 – (a) Secretary of Transportation shall determine if certain

unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rule-making required by section 332;

+  (b) In making the determination under subsection (a), the Secretary shall determine, at a minimum—

+  (1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and

MAPPS Unmanned Aerial Systems – Section 333

UAS Background +  (2) whether a certificate of waiver, certificate of authorization, or

airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1).

+  (c) If the Secretary determines under this section that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft systems in the national airspace system.

MAPPS Unmanned Aerial Systems – Section 333

MAPPS Background MPAA Statement, June 2, 2014

+  “Unmanned aircraft systems (UAS) offer the motion picture and television industry an innovative and safer option for filming. This new tool for storytellers will allow for creative and exciting Aerial shots, and is the latest in a myriad of new technologies being used by our industry to further enhance the viewer experience. We welcome the FAA’s leadership and support their guidance to safely authorize the use of UASs for the motion picture and television industry.”

MAPPS Unmanned Aerial Systems – Section 333

MAPPS Background

+  Sec. 332 plan will be implemented through a notice of proposed rulemaking (NPRM) to be released by FAA by December 31, 2014

+  Minimum 18 month period from NPRM to final rule (July 2016) +  In the meantime, Sec. 333 waiver applications can be filed to permit

commercial UAS operations prior to NPRM.

MAPPS Unmanned Aerial Systems – Section 333

14 C.F.R. Part 11, Subpart A, Rulemaking Procedures, Petitions For Rulemaking and Exemption

14 C.F.R. § 11.61, May I ask FAA to adopt, amend, or repeal a regulation, or grant relief from the requirements of a current regulation?

(a) Using a petition for rulemaking, you may ask FAA to add a new regulation to title 14 of the Code of Federal Regulations (14 C.F.R.) or ask FAA to amend or repeal a current regulation in 14 C.F.R.

(b) Using a petition for exemption, you may ask FAA to grant you relief from current regulations in 14 C.F.R.

MAPPS Unmanned Aerial Systems – Section 333

Petition For Exemption  14 C.F.R. § 11.81, What information must I include in my petition for an exemption? 

You must include the following information in your petition for an exemption and submit it to FAA as soon as you know

you need an exemption.

(a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone number, or e-mail address;

(b) The specific section or sections of 14 C.F.R. from which you seek an exemption;

(c) The extent of relief you seek, and the reason you seek the relief;

(d) The reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole;

(e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek the exemption;

(f) A summary we can publish in the Federal Register, stating:

(1) The rule from which you seek the exemption; and

(2) A brief description of the nature of the exemption you seek;

(g) Any additional information, views or arguments available to support your request; and

(h) If you want to exercise the privileges of your exemption outside the United States, the reason why you need to do so.

MAPPS Unmanned Aerial Systems – Section 333

Petition For Exemption 14 C.F.R. § 11.35, Does FAA include sensitive security information and proprietary information in the Federal Docket Management System (FDMS)? 

(a) Sensitive security information. You should not submit sensitive security information to the rulemaking docket, unless you are invited to do so in our request for comments. If we ask for this information, we will tell you in the specific document how to submit this information, and we will provide a separate non-public docket for it. For all proposed rule changes involving civil aviation security, we review comments as we receive them, before they are placed in the docket. If we find that a comment contains sensitive security information, we remove that information before placing the comment in the general docket.

(b) Proprietary information. When we are aware of proprietary information filed with a comment, we do not place it in the docket. We hold it in a separate file to which the public does not have access, and place a note in the docket that we have received it. If we receive a request to examine or copy this information, we treat it as any other request under the Freedom of Information Act (5 U.S.C. 552). We process such a request under the DOT procedures found in 49 C.F.R. part 7.

MAPPS Unmanned Aerial Systems – Section 333

Next Steps

+  What is the sec. 333 process?

+  How can aerial survey firms apply?

+  What do aerial survey firms need to do to apply for a sec. 333 exemption?

+  What role can MAPPS play?

+  What firms are interested in moving forward?

MAPPS Unmanned Aerial Systems – Section 333

MAPPS Aviation Legal Services Plan

+  MAPPS benefits from counsel to address aviation and aerial acquisition related legal issues raised by the membership.

+  In addition to the services provided to MAPPS, the agreement also extends Plan benefits firms in MAPPS to address a firm's own issues, at a discounted fee rate.

+  A minimum contribution in the amount of $250.00 per year is required to participate in the MAPPS Plan.

+  Addressing issues such as: -  FAA Ramp check uniformity -  Airspace access -  Uniform operations guidelines for aerial photography missions -  UAS certificates of authorization, section 333

Gregory S. Winton, Esq. The Aviation Law Firm Aviation Counsel to MAPPS 1-877-4-AIRLAW