What is a "Section 333 Exemption"?

Short answer:  It is the paperwork you need to file with the FAA in order to operate a drone for any reason other than fun or recreation.

Long Answer:  As it stands today, UAVs (Unmanned Aerial Vehicles, or "drones") are currently categorized by U.S. law as "aircraft", and as such, are subject to the same flight rules that a Cessna or 747 would be.  The only problem is that UAVs have VERY little in common with Cessnas and 747s, except for the fact that they fly through the air.  Section 333 gets its name because it is the section of the FAA Modernization and Reform Act of 2012 (sometimes referred to as FMRA 2012) that established the official process of how people and companies send a request to the FAA to be exempt from selected airspace and flight regulations that currently exists.  

For instance, one of the current regulations says that a pilot cannot begin a flight unless he or she has enough fuel to fly at least 30 minutes beyond the first planned landing point.  Since most UAVs run on batteries and don't even carry fuel, and the fact that UAVs are being flown from a ground station in a specific area (not flying from point A to point B, like regular aircraft), it is impossible for UAVs to meet this regulation.  The section 333 exemption process is the way in which people or companies request that the FAA allow them to be exempt from a rule such as this.

There are many other regulations out there that a drone operator would need to be exempt from in order to operate their UAV within the confines of the law.  The above regulation is just one example.

 

Do I Need to Have a Pilot's License?

This is the most common question we get.

Short Answer:  Yes and No.  You DO NOT need a pilot's license to apply for and receive your 333 exemption.  However, you DO currently need a pilot's license to operate a UAV under your 333 exemption.  For instance, you could own a business, obtain your 333 exemption, and hire qualified pilots to fly the drones for your business, even though you as the business owner and exemption holder do not have a pilot's license yourself.

Long Answer:  The FAA originally stated that commercial drone operators must at least have their Private Pilot's License and an active third class medical license in order to operate a drone.  They have since changed their stance and now require only a Sport or Recreational Pilot's License and a valid US drivers license.

The next thing people usually want to know is: "What is the easiest, cheapest, and quickest way for me to get my Sport Pilot's License?"  The easiest ways we've heard of to date is to get your Powered Parachute license or Hot Air Balloon license (both are in the Sport Pilot category).

To get your Powered Parachute License requires a written test, about 12 hours of flight time in a powered parachute, and a few other requirements.  If you want to read more, EasyFlight.com has a good rundown of the requirements HERE.

If you don't feel comfortable jumping into a powered parachute, you can opt to get your Hot Air Balloon license.  Hot Air Balloon licenses also require a written exam and require about 10 hours of flight instruction in a ballon.  You can read more at HotAirFlight.com HERE.

 

Why are your prices so cheap?  Is this a scam?

Short Answer:  We only include in your exemption the information that is necessary, we have automated much of our processes, and we keep our overhead expenses low - all so we can offer you a low price.  And no, this is not a scam.

Long Answer:  We know that there are a number of providers out there offering 333 exemption preparation and filing services for thousands of dollars per filling.  Some may see those sites first, then land on our site and think, "Why is this one so cheap?  There must be something wrong here.  Either this is a scam or their exemption process is no good."

No scam here.  And our process is as painless and effective as you can get.  We have reviewed hundreds of successful and unsuccessful petitions filed with the FAA, so we know what works and what doesn't work.  During our review, we saw one exemption petition that was over 100 pages in length, then we saw one that was two pages in length.  Both were approved by the FAA to do the EXACT SAME THING (they literally both received the same approval letter with the same restrictions and guidelines).  

The first company likely paid thousands to a pricey law firm to have them write up a petition that included lots and lots of background information and went into lengthy unnecessary details.  The second company or person either hired someone like us or did a few hours of research on their own and put together a petition that included only the necessary details.

We are so cheap because we believe you shouldn't be paying for a bunch of stuff that isn't required.  Microsoft Corporation was approved for a section 333 exemption, and their main petition was only eight pages long.  If Microsoft doesn't need to pay for a lengthy exemption petition to get approved, then why should you?  

We have invested countless hours into studying successful exemption petitions and have formulated a concise template that gets the job done.  When you provide us your info we do a little customization, plug in your information, and submit.  Thats it.  Why should we charge you thousands of dollars?  We think $479 is more than fair.  If you don't, please let us know and we'll work out a price that's right for you.

 

How long does it take to get approved?  What's the process like?

Short Answer:  Current start to finish estimate is 4-6 months.  You (or a service like us) would submit your petition to Regulations.gov.  The folks at Regulations.gov give you a docket number.  Once you have a docket number, the FAA takes a look at your request and gives you a determination (approves or denies or wants more info).

Long Answer:  There are a few steps in the process of obtaining your 333 exemption approval from the FAA.  The first step is to submit your completed petition for exemption to Regulations.gov (or, if you are using Easy333Exemption.com, we would submit your petition to Regulations.gov within 24 hours of receiving your completed info).  Once you have submitted your petition, the folks over at Regulations.gov have to post your exemption petition to "the docket", at which time you will receive a docket number (think of it as a unique ID number for your request).  Getting a docket number can be as quick as a few days or as long as a month or two.  There seems to be no great rhyme or reason to the length of time for this step.  We have had customers file within a few days of each other - one took 3 days and the other took a month.

Once you have your docket number, the FAA can now see your request and will put you in the queue for getting a determination if you will be approved, denied, or if they need more information.  Currently (as of May 2016), the FAA is taking about 4 months to complete this step, but that could easily change depending on the request volume and FAA staffing.

You can budget around 4-6 months from start to finish for getting your exemption approval, depending on how quickly you get a docket number and how backed up the FAA is on approving requests.

 

Do I really need a 333 exemption, given that Part 107 might be approved soon?

Short Answer:  It depends on your situation and level of risk you want to take.  If you want to make sure you can start flying your drone commercially as quickly as possible, then get the 333 exemption.  If not spending the money (or the time) is more important than getting your business started, then feel free to wait it out.

Long Answer:  For some short background, Part 107 refers to the set of proposed rules that will govern small UAS operations in the US National Airspace in the future.  You can check them out HERE.

While Part 107 will greatly ease the process for allowing businesses and individuals to operate UASs commercially, no one knows exactly when the new process will be fully up and running.  The FAA gave a target date of June 2016, but from what we have seen and heard, it is unlikely that the stated timeline will be met.  An aviation attorney had this to say:

“No one knows for sure when the FAA will come out with its implementation plan for Part 107, what impact Part 107 will have on commercial operators already flying under Section 333 or whether 333 owners will be ‘grandfathered’ into Part 107 implementation. The FAA has said publicly that it will be done with its implementation plan by late June, 2016. Whether this means they will issue their implementation plan, and then take months or linger to execute those plans remains to be seen. Since the FAA has been unable to meet any of its imposed, and self-imposed deadlines in drone and UAV integration, many people in the industry think we will be lucky to see full implementation anytime in 2016. Until then, the only effective pathway to fly a drone for business legally, is the Section 333 process.”
- DroneLaw.Pro

In the end, it depends on what your timelines are and how much risk you want to take.  If you want to get flying as fast as possible, you should go ahead and file a 333 exemption petition.  If not spending money is important to you, then maybe wait it out.  But consider this, the longer you wait, the more market share is getting eaten up by competitors and the more revenue is left untapped.  So while it may seem like a short term cost savings, it could potentially be more costly in lost revenue.  But if the FAA somehow gets it together and tomorrow says that everyone and their brother can fly UASs commercially, then you win.  The decision is up to you.