Exemptions Under 49 USC 44807, Special Authority for Certain Unmanned Systems

(a) Exemptions are granted to UAS operations which are permitted in accordance with Public Law 115-254, 49 USC 44807, Special Authority for Certain Unmanned Aircraft Systems. The Secretary of Transportation has determined that certain UAS are eligible to operate in the NAS without possessing the airworthiness certification normally required under 49 USC 44807. 49 USC 44807 permits the FAA to use a risk-based approach to determine whether an airworthiness certificate is required for a UAS to operate. Exemptions are generally requested by civil (non-public) UAS operators who fly UAS weighing 55 pounds or more, and thus cannot fly under 14 CFR part 107. For civil UAS operations conducted under 49 USC 44807 of PL 115-254, the Secretary has determined that specific requirements necessary for safe operation can often be addressed in the form of grants of exemption(s). Operators who desire this regulatory relief must petition the FAA for exemption in accordance with 14 CFR part 11 and the guidance provided on the FAA's Section 44807, Special Authority for Certain Unmanned Systems website. Examples of petitions that have been granted to conduct civil UAS operations include the following activities:

(1) Closed-set motion picture and television filming.

(2) Agricultural survey and spraying.

(3) Aerial photography.

(4) Land survey and inspection.

(5) Inspection of structures.

(6) Search and Rescue (SAR) operations. NOTE- Civil agricultural spraying operations will also require a 14 CFR part 137 certificate; see paragraph 11-4-5 , Airspace Access for 14 CFR part 135 and 14 CFR part 137.

(b) Exemption Application. Petitioners seeking a grant of exemption should fill out an online application on the public docket located on the FAA's regulations.gov website. REFERENCE- 49 USC 44807, Special Authority for Certain Unmanned Aircraft Systems. NOTE- The FAA's Section 44807: Special Authority for Certain Unmanned Systems website may be reviewed at: https://www.faa.gov/uas/advanced_operations/certification/section_44807/ . The FAA's Regulations.gov website may be reviewed at: https://www.faa.gov/regulations_policies/faa_regulations .