Difference between FAA Wavers and FAA Section 333 Exemption
FAA Part 107 Waver
Certain FAR specifically dictate what FAR sections are subject to Wavers. For these "Pre-Determined sections, Typically the FAA will establish a set of parameters that must be met for an operator to be issued a Waver. In order to receive the Waver, the applicant must apply for the waver and prove they meet the established parameters (Typically by documented Operational Procedures & Manuals).
The Waver System has been part of FAA rulemaking for many years. While no one can be sure until the FAA begins to issue Wavers, It is likely that the Waver program will be similar to Wavers issued for manned aircraft Operations.
While Wavers are considered Mainstream with the FAA, it does not mean they are Automatic. In order to receive the Waver, the applicant must apply for the waver and prove they meet the established parameters (Typically by documented Operational Procedures & Manuals).
A certificate of waiver may authorize a deviation from the following regulations of this part:
107.25 – Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.
107.29 – Daylight operation.
107.31 – Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.
107.33 – Visual observer.
107.35 – Operation of multiple small unmanned aircraft systems.
107.37(a) – Yielding the right of way.
107.39 – Operation over people.
107.41 – Operation in certain airspace.
107.51 – Operating limitations for small unmanned aircraft.
Section 333 Exemption & COA
For Operations that cannot be conducted under Part 107 or a Waver, Each request is evaluated individually. An example of a UAS Operation requiring an Exemption is a UAS weighing more than 55 lbs.
Typically Exemptions will require extensive documentation & Tracking. In order to receive the Exemption, the applicant must apply for the Exemption and prove that their operation can be conducted safely and have little to no impact on the Public or National Airspace system. (Typically by extensive documented Operational Procedures & Manuals).
For These unique requests, the agency will still publish the petition in the Federal Register for public comment and will conduct a detailed analysis.