The United States Federal Aviation Administration (FAA) has granted regulatory exemptions to six aerial photo and video production companies, the first step to allowing the film and television industry the use of unmanned aircraft systems (UAS) in the National Airspace System.
U.S. Transportation Secretary Anthony Foxx made the announcement Thursday on a conference call with FAA Administrator Michael Huerta and Chris Dodd, chairman and chief executive officer of the Motion Picture Association of America, Inc. (MPAA).
“Today’s announcement is a significant milestone in broadening commercial UAS use while ensuring we maintain our world-class safety record in all forms of flight,” said Foxx. “These companies are blazing a trail that others are already following, offering the promise of new advances in agriculture and utility safety and maintenance.”
In conjunction with the exemptions, Foxx determined that the UAS to be used in the proposed operations do not need an FAA-issued certificate of airworthiness, based on a finding they do not pose a threat to national airspace users or national security. Those findings are permitted under Section 333 of the FAA Modernization and Reform Act of 2012.
The exemptions are not in lieu of the FAA’s larger rulemaking project on small UAS, but will enable commercial UAS operations while more comprehensive regulations are “worked out over the longer term,” Foxx said. The exemptions provide relief from regulations that address general flight rules, pilot certificate requirements, manuals, maintenance and equipment mandates. To receive the exemptions, the firms had to show their UAS operations would not adversely affect safety, or would provide at least an equal level of safety to the rules from which they seek the exemptions.
In their applications, the firms said the operators will hold private pilot certificates, keep the UAS within line of sight at all times and restrict flights to the “sterile area” on the set, within 400 feet above ground level. In granting the exemptions, FAA accepted these safety conditions, adding an inspection of the aircraft before each flight, and prohibiting operations at night (although FAA Administrator Huerta said the agency is “willing to revisit” this restriction if the firms provide additional information on the safety of night operations). The agency also will issue Certificates of Waiver or Authorization (COAs) that mandate flight rules and timely reports of any accident or incidents.
“The applicants submitted UAS flight manuals with detailed safety procedures that were a key factor in our approval of their requests,” said Huerta. “We are thoroughly satisfied these operations will not pose a hazard to other aircraft or to people and property on the ground.”
The MPAA facilitated the exemption requests on behalf of these six members: Astraeus Aerial, Aerial MOB, HeliVideo Productions, Pictorvision Inc, RC Pro Productions Consulting, dba Vortex Aerial, and Snaproll Media. The FAA has asked for additional information from Flying-Cam, Inc., a seventh aerial video company that filed for exemptions with this group in June. The agency is working closely with the company to obtain the required information.
Huerta said the MPAA’s involvement was instrumental in securing the approvals, and encouraged other industry associations to work with interested parties to develop safety manuals and standard operating procedures that will help facilitate similar petitions. As of today, the agency is considering 40 requests for exemptions from other commercial entities who want to use UAS, and would welcome additional applications.
“We encourage more people to continue to put petitions before us,” said Huerta. “Any commercial entity wanting to use an unmanned aircraft can apply.”
On the conference call, the MPAA’s Chris Dodd praised the FAA for granting the exemptions. In a prepared statement, he said, “Today’s announcement is a victory for audiences everywhere as it gives filmmakers yet another way to push creative boundaries and create the kinds of scenes and shots we could only imagine just a few years ago. Our industry has a history of successfully using this innovative technology overseas — making movies like Skyfall and Transformers: Age of Extinction, to name a couple — and we are proud to now be on the leading edge of its safe commercial use here at home. By creating a climate that further encourages more movie and TV production in the U.S., today’s decision also supports job creation and revenue growth around the country.”
Michael Toscano, president and CEO of the Association for Unmanned Vehicle Systems International (AUVSI), also applauded the FAA in granting the exemptions, but urged the agency to work swiftly to broaden UAS approvals.
“The FAA’s announcement represents another important milestone in unlocking the commercial potential of UAS technology,” he stated. “The film and television industry has safely used UAS technology abroad for years in the productions of movies such as Skyfall and The Hunger Games. With this decision, Hollywood will now be able to capture the unique perspectives of UAS closer to home.
“Still, the FAA can and must do more. Several other companies and industries have requested exemptions to fly for various low-risk, commercial purposes such as precision agriculture and mining surveys. The FAA should grant these exemptions to not only help businesses harness the tremendous potential of UAS, but also help unlock the economic impact and job creation potential of the technology.”
View the FAA’s exemption grants here.
For more information on the FAA and UAS, click here.
