Section 333 Exemption Removed With No Notice To Individual Operators

Movie makers and videographers who use drones on a closed set are very likely in violation of federal law, and they may not even know it.

A report appearing on the website Drone 360 indicates that the FAA amended Section 333 to revoke exemptions granted to drone operators to fly in a closed set, and the agency did not notify those exemptions holders that their exemptions were no longer valid.

“The Federal Aviation Administration (FAA) has determined that good cause exists for not publishing a summary of the petition in the Federal Register because this amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner,” the agency said in the publicly-posted notice.

The change to the Section 333 exemption is in a footnote. “For the purposes of this exemption, previously-issued exemptions for ‘closed-set filming and television production’ are considered ‘aerial data collection’ under this definition.”

There had been 590 closed set authorizations issued by the FAA, according to Drone 360. Among them are CNN, NFL Films, the University of Miami, and NBC Universal.

The drone industry sees the change as a major step backwards in the FAA's intent to allow the operation of drones over people to become more commonplace. The agency had planned to release an NPRM before the end of 2016, but it never materialized. FAA Administrator Michael Huerta was expected to give an update on the situation during his speech at CES, but he dodged the issue, saying only that the agency "will be looking to our industry partners to develop more ingenious ways to ensure drones can fly over people without sacrificing safety or security.”

(Image from file)

FMI: https://www.faa.gov/uas/beyond_the_basics/section_333