Some Rules Loosened  … To A Degree … For Commercial Users

The FAA has made some adjustments to its Section 333 exemption policy for commercial use of UAVs.

Writing on the Frost Brown Todd blog 'Lexology', contributor James Mackler says offers an analysis of the changes that could make it easier for some commercial UAV operators.

One change allows operators to operate any aircraft under 55 pounds, where previously the exemption holder could only operate the aircraft listed on the exemption. Language included in more recent exemptions says: "The petitioner proposed to use UAS that have previously been approved by the Secretary of Transportation under Section 333 of the FAA Modernization and Reform Act of 2012. UAS that have been previously approved by the Secretary, including the aircraft proposed by the petitioner, are found on the List of Approved Unmanned Aerial Systems (UAS) under Section 333. The list, which is updated monthly, is posted at www.regulations.gov under docket number FAA–2007–3330.

“The petitioner is also authorized to operate any UAS on that list, when weighing less than 55 pounds including payload while this exemption is valid," the new language says.

It also allows more leeway when operating near crowds. Recent exemptions granted by the FAA say: "All flight operations must be conducted at least 500 feet from all persons, vessels, vehicles, and structures unless when operating:

• Over or near people directly participating in the operation of the UAS. People directly participating in the operation of the UAS include the PIC, VO, and other consenting personnel that are directly participating in the safe operation of the UA.
• Near but not over people directly participating in the intended purpose of the UAS operation. People directly participating in the intended purpose of the UAS must be briefed on the potential risks and acknowledge and consent to those risks. Operators must notify the local Flight Standards District Office (FSDO) with a plan of activities at least 72 hours prior to flight operations.
• Near nonparticipating persons. Except as provided in subsections (a) and (b) of this section, a UA may only be operated closer than 500 feet to a person when barriers or structures are present that sufficiently protect that person from the UA and/or debris or hazardous materials such as fuel or chemicals in the event of an accident. Under these conditions, the operator must ensure that the person remains under such protection for the duration of the operation. If a situation arises where the person leaves such protection and is within 500 feet of the UA, flight operations must cease immediately in a manner that does not cause undue hazard to persons.
• Near vessels, vehicles and structures. Prior to conducting operations the operator must obtain permission from a person with the legal authority over any vessels, vehicles, or structures that will be within 500 feet of the UA during operations. The PIC must make a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.
• For operations conducted closer than 500 feet to people directly participating in the intended purpose of the operation, not protected by barriers, the following additional conditions and limitations apply. [This is followed by 10 items, including a plan of activities.]"

Mackler says that people who hold exemptions that do not include the updated language may file a request for an amendment with the FAA either individually or through legal counsel.

(Image from file)

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