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FEDERAL AVIATION ADMINISTRATION

Public Guidance for Petitions for Exemption Filed under Section 333 

This document provides guidance to people who are interested in submitting a petition for 

exemption to the FAA to operate unmanned aircraft in the National Airspace System (NAS). 

Specifically, this document outlines the FAA’s exemption process and describes the information 

petitioners should submit to the FAA in a petition for exemption. This information will assist the 

FAA in determining whether to grant relief from its regulations and will assist the Secretary of 

Transportation with determining whether to grant relief from airworthiness certification 

requirements under the FAA Modernization and Reform Act of 2012, Public Law 112-95 FEB. 

14, 2012, Section 333.

BACKGROUND:

The FAA’s continuing mission is to provide the safest, most efficient aerospace system in the 

world. However, the National Airspace System (NAS) is not static and must constantly adapt to 

new technologies and applications, as evidenced by the proliferation of unmanned aircraft 

systems (UAS). Because UAS are inherently different from manned aircraft, introducing UAS 

into the nation’s airspace is challenging for both the FAA and aviation community. 

In the FAA Modernization and Reform Act of 2012, Public Law 112-95 (P.L. 112-95), Congress 

mandated the safe and expedient integration of UAS into the NAS.

For public operation – including national, state, and local government agencies, as well as public 

universities – the FAA issues a Certificate of Waiver or Authorization (COA) permitting public 

agencies and organizations to operate a particular UAS, for a specific purpose, in a designated

area. The objective is to issue a COA with terms that ensure an equivalent level of safety to 

manned aircraft operations. Usually, this entails several safety mitigations including, but not 

limited to, requiring that the UA not operate in a congested area and is observed either by 

someone in a manned aircraft or someone on the ground. Public operators self-certify the 

airworthiness of the UAS design.

Civil UAS operators have the option to obtain FAA airworthiness certification. They may apply 

for a special airworthiness certificate in the experimental category under Title 14 of the Code of 

Federal Regulations (14 CFR) § 21.191 for the purposes of research and development, crew 

training, or market survey. They may also apply for type certification under § 21.17(b) (for a 

standard airworthiness certificate in the special class category) or § 21.25 (for a special 

airworthiness certificate in the restricted category). 
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Recognizing the demand to expedite integration of UAS into the NAS, the FAA is developing a 

regulatory framework for safely integrating UAS into routine NAS operations. The first stage in 

this process will be accomplished by the small UAS rule. 

The FAA’s authority to issue exemptions from operating rules, and the Secretary’s authority 

granted by Section 333 of P.L. 112-95, Special Rules for Certain Unmanned Aircraft Systems, 

provide an opportunity to authorize certain UAS operations in the NAS prior to implementation 

of the small UAS rule. This incremental step provides a pathway for civil operators who desire 

safe and legal entry into the NAS.
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TERMS OF REFERENCE:

1. Aircraft: any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49, 

United States Code (49 USC) § 40102)

2. National Airspace System (NAS): the common network of U.S. airspace; air navigation 

facilities, equipment and services, airports or landing areas; aeronautical charts, information 

and services; rules, regulations and procedures, technical information, and manpower and 

material 

3. Operational Control: with respect to a flight, means the exercise of authority over 

initiating, conducting or terminating a flight (14 CFR § 1.1)

4. Pilot in Command (PIC): the person who has final authority and responsibility for the 

operation and safety of the flight; has been designated as PIC before or during the flight; and 

holds the appropriate category class and type-rating, if appropriate, for the conduct of the 

flight (14 CFR § 1.1)

5. Unmanned aircraft (UA): any aircraft that is operated without the possibility of direct 

human intervention from within or on the aircraft (P.L. 112-95, Section 331)

6. Unmanned Aircraft System (UAS): an unmanned aircraft and associated elements,

including communication links and the components that control the unmanned aircraft, that 

are required for the pilot in command to operate safely and efficiently in the national airspace 

system (P.L. 112-95, Section 331)

7. UAS Certificate of Waiver or Authorization (COA): an authorization issued by the Air 

Traffic Organization to an operator for a specific unmanned aircraft activity

8. Visual Line of Sight (VLOS): unaided (corrective lenses and/or sunglasses excepted) visual 

contact between a pilot in command and an unmanned aircraft sufficient to maintain safe 

operational control of the aircraft, know its location, and be able to scan the airspace in which 

it is operating to see and avoid other air traffic or objects aloft or on the ground
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INTRODUCTION:

Section 333 grants the Secretary of Transportation authority to determine:

1. If an unmanned aircraft system, as a result of its size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line 

of sight does not create a hazard to users of the national airspace system or the public 

or pose a threat to national security; and

2. Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under 49 USC § 44704, is required for the operation of unmanned aircraft 

systems identified under paragraph (1).

Although Section 333 provides limited statutory flexibility relative to 49 USC § 44704 and §

44711 for the purposes of airworthiness certification, it does not provide flexibility relative to 

other sections of 49 USC or Federal Aviation Regulations.

For example, § 44711 requires that all aircraft, including UAS, be registered in accordance with 

part 47 of the regulations and must provide identification markings in accordance with part 45, 

Subpart C.

Because UAS are aircraft, they are subject to the noise certification and testing requirements of 

part 36. However, if a determination is made under Section 333 that an airworthiness certificate 

is not required, noise certification and testing will also not be required for the subject aircraft for 

the term of the exemption. When the finding required by Section 333 cannot be made, the 

requirements of part 36 continue to apply.

Section 333 does not provide flexibility for the statutory requirement to hold an airman

certificate under § 44711. Therefore the PIC, who has final authority and responsibility for the 

operation and safety of the UAS flight, must possess the appropriate airman certificate as 

prescribed by 14 CFR part 61 for the proposed operation and the appropriate medical certificate

as prescribed by 14 CFR part 67.

Furthermore, the Transportation Security Administration (TSA) conducts security screenings of 

certificated airmen. UAS operations authorized under Section 333 will only be conducted by 

airmen with valid airmen certificates, which have been screened by TSA, thereby meeting the 

statutory requirement in Section 333 for operations to not pose a threat to national security.

Because Section 333 provides limited relief from certain certifications or authorizations, UAS 

operators must comply with all other applicable regulations concerning the operation of aircraft 

unless otherwise exempted by the FAA. 

UAS operations conducted for purposes other than hobby or recreation are subject to the

regulations in 14 CFR. In addition to petitioning for the relief afforded under Section 333, UAS
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operators must petition for exemption from regulations applicable to the specific circumstances 

of their operations with which they believe they are unable to comply. If a petitioner has any 

questions with regard to the applicability of Federal Aviation Regulations, s/he is encouraged to 

discuss with FAA officials prior to submitting an exemption request. Prior to commencing 

operations, the operator will need to obtain an exemption and a COA from the FAA. More 

information about the exemption process is available here. Additional guidance for preparing

petitions for exemption under Section 333 authority and applying for COAs is provided below. 

The FAA will only grant exemptions for UAS under the operational control of the petitioner 

(person or organization). Exemptions will not be granted to a UAS manufacturer unless the 

manufacturer intends to maintain operational control of the UAS.

PREPARING A PETITION FOR EXEMPTION:

The FAA’s mission is to provide the safest, most efficient aerospace system in the world. The 

use of aircraft that have not been subject to an airworthiness certification process may introduce

unique safety risks with respect to the NAS that must be appropriately mitigated prior to 

authorizing operation. In order for the FAA to consider a petition for exemption, the petition 

must meet the requirements of 14 CFR § 11.81. In order to make an effective evaluation of the 

requested relief, the FAA will need to analyze the petitioner’s proposed UAS operation with 

regard to safety. The following information will be considered in making that evaluation:

Regarding the Unmanned Aircraft System

1. Petitioners should describe how the proposed UAS operation will be safely conducted to 

minimize risk to the NAS or to persons and property on the ground. Specifically, 

petitioners should describe the design and operational characteristics for the type(s) of 

UAS they intend to operate, e.g. aircraft performance and performance limitations, 

operating procedures, and aircraft loading information in as much detail as possible. This 

could be provided in the petition or in an Aircraft Flight Manual or similar document.

NOTE: The FAA will consider all information and data submitted by the 

petitioner that describes the UAS developmental and operational history. This 

could include statistical data or other documentation for the specific design and 

performance characteristics of the UAS, including the operational history and 

operational failure modes, obtained through previous Research & Development 

(R&D) and/or flight test activities, e.g. operations conducted under a COA, with a 

civil airworthiness certificate, or under other authorized operating conditions.

2. Petitioners should describe any procedures they would implement, such as pre-flight 

inspections, maintenance, and repair, to ensure that the UAS is in a condition for safe 

flight. This could be provided in the petition, an Aircraft Flight Manual, a Maintenance 

and Inspection Manual, or similar document.
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NOTE: The Aircraft Flight Manual and Maintenance and Inspection Manual may 

be separate documents or combined in a single document.

3. The petitioner should describe the Radio Frequency (RF) spectrum used for control of the 

UAS and associated equipment that is part of the UAS (i.e., sensors, cameras, etc.), and 

whether it complies with Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements.

NOTE: Petitioners should be able to provide the FCC approval letter or show 

compliance with FCC requirements upon request.

Regarding the Unmanned Aircraft PIC

4. Petitioners should describe the qualifications required of any PIC(s) who will be directly 

responsible for the operation of the UAS, including information such as: the level of 

airman certificate held; any applicable training related to the operation; and any minimum 

hours of flight experience required by the PIC(s), both total flight time and the time with 

the particular UAS. If the operation would use visual observers, petitioners should 

describe their roles and qualifications.

5. Petitioners should describe the medical standards and certification of the PIC(s) directly 

responsible for the operation of the UAS. 

Regarding the Operation of the Unmanned Aircraft

6. Petitioners should fully describe their intended UAS operation(s). Petitioners should 

describe how the proposed operation(s) would not adversely affect safety, or how they 

would provide a level of safety at least equivalent to that provided by the rule from which 

exemption is sought. Petitioners should address any plans to implement clearly defined 

operational borders and procedures to ensure public safety, which includes persons and 

property both in the air and on the ground. This can be described in the petition, in an 

Operations Manual, or similar document. 

NOTE: The FAA will closely examine the proposed operation(s) with respect to 

safety of flight, NAS safety considerations, and the safety of the non-participating 

persons and property during the operational period and within the operational 

area.

7. Petitioners should specify the proposed maximum operating speed and altitude, and 

describe minimum flight visibility and distance from clouds for their intended 

operation(s). Petitioners should describe potential hazards and safety mitigations 

associated with these proposed conditions. These issues can be addressed in the petition, 

an Operations Manual, or similar document.

8. Petitioners should describe the characteristics of the area of intended operation(s) and the 

associated potential hazards, in accordance with the statutory mandate under Section 333 
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regarding proximity to populated areas. These issues can be addressed in the petition, an 

Operations Manual, or similar document.

9. Petitioners should describe if they intend to operate in the proximity of any airports, in 

accordance with the statutory mandate under Section 333 regarding proximity to airports.

10. The UAS must be operated within visual line-of-sight (VLOS), in accordance with the 

statutory mandate under Section 333(b)(1). Petitioners should describe how they intend to 

comply with his mandate.

11. Petitioners should describe any procedures they would implement for conducting a 

preflight safety risk assessment to determine that the UAS is in a condition for safe flight 

(14 CFR § 91.7(b)) and that the planned operation can be completed safely. These 

procedures can be addressed in the petition, an Aircraft Flight Manual, Operations 

Manual, or similar document.

12. If petitioners intend to conduct operations which have existing requirements to notify 

Flight Standards District Offices (FSDOs) prior to operations – such as motion picture 

and television filming, or pipeline and powerline patrol – petitioners should describe their 

intended coordination in this regard for their proposed operation(s).

13. The FAA intends to require entities who obtain an exemption under this process to also

obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization prior to conducting operation(s) in the NAS. The COA application is 

available here.

In seeking authorization, petitioners will require exemptions from regulations with which they 

cannot fully comply. The table below provides guidance regarding regulations from which a 

petitioner may require exemption. However, some proposed operations may require exemption 

from regulations not listed here, while others may not require exemption from all regulations 

listed here.

14 CFR 

PART

SUMMARY OF REGULATION

Part 21 Airworthiness Certification

21, Subpart H Certification procedures for products and parts, Airworthiness Certificates

Part 61 Certification: Pilots, Light Instructors, and Ground Instructors

Part 91 General Operating and Flight Rules

91.103(b)(2) Preflight action

91.105 Flight crewmembers at stations

91.109 Flight instruction

91.119 Minimum safe altitudes

91.121 Altimeter settings

91.151 Fuel requirements for flights in VFR conditions

91.405 Maintenance required

91.407 Operation after maintenance

91.409 Inspections

91.417 Maintenance records
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FILING A PETITION FOR EXEMPTION:

A petition for exemption is prepared and filed in accordance with 14 CFR § 11.81. The 

regulations in 14 CFR establish appropriate safety standards for aircraft, operators, and 

crewmembers. If a proposed operation can be performed in full compliance with aviation safety 

regulations, an exemption is not routinely granted. 

To allow the FAA to thoroughly evaluate each request, petitioners should allow at least 120 days 

for processing and review of any exemption requests. 

Petitions for Exemption and any supporting materials should be submitted using any of the 

following methods:

(1) Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online 

instructions for sending your comments electronically (a petition is submitted as a comment); or

(2) Mail: Send your petition to Docket Operations, M-30; U.S. Department of Transportation 

(DOT), 1200 New Jersey Avenue, SE., Room W12-140, West Building Ground Floor, 

Washington, DC 20590-0001; or 

(3) Hand Delivery or Courier: Take your petition to Docket Operations in Room W12-140 of the 

West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. 

and 5 p.m., Monday through Friday, except Federal holidays; or 

(4) Fax: Fax your petition to Docket Operations at 202-493-2251. 

If you already have received a docket number, you must reference that docket number in your 

request.