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in May, and the FAA granted the studios is of paramount concern to the agency.) the resort plans to post on its website and an exemption in September. While there If a resort seeks to use drones when the in other locations to educate and inform are no defined guidelines for the applica- mountain is open to the public, one con- guests of any drone operations. Also, tion process, ski areas have some built-in sideration would be to limit the area on the resorts should include any rules and pol- advantages that would make them strong mountain where the drones may be used icies regarding whether and how individ- candidates for obtaining a Section 333 (a couple of far runs on the edges of the ual guests can use drones at resorts. Some exemption from the FAA for commercial resort, for example), or only in the context resorts are currently allowing guests to drone operation. of races, competitions, or special events, use drones for wedding parties and other By sheer dint of their location— which may be closed to the general public. small gatherings held at the area. In debat- remote rural areas, typically—ski areas Also, if a resort were to seek a Section ing the use of drones during the NSAA tend to be farther from airports and pop- 333 exemption from the FAA, its appli- fall workshops, most ski areas indicated ulation centers, where the FAA’s safety cation should note that it will inform that they are, or will be, banning guest use concerns are the highest. The FAA has guests of the location and time of drone of drones without prior approval by the legitimate reservations about the use of operation, especially if the resort will be resort, which is a smart policy. aerial drones near airports, so the farther filming. With the rapid advent of this In addition to public safety, pub- away from an airport or flight paths, the technology, many guests will be unfamil- lic privacy is also a concern for the FAA more likely the FAA will be open to pro- iar with drones, their sounds and shad- if a resort plans to use drones when the viding a resort a Section 333 exemption. ows, or even the purpose of some strange mountain is open to the public—yet The application process involves a aerial aircraft. If resorts want to seek another important factor to address in an lengthy, detailed narrative letter to the an exemption from the FAA for use of application for a Section 333 exemption. FAA detailing the company’s plans and drones when the resort is open to the Many resort releases or waivers of liabil- safety protocols for the operation of public, it will need to reassure the FAA ity may already include provisions about drones. Most Section 333 applications are that their use will be limited, and that authorizing the resort to use images of between 5 and 15 pages long. There are guests are both informed and safe. guests for marketing or other purposes. If more than 60 pending applications, and Therefore, an FAA application a resort captures detailed, identifiable foot- you can review applications submitted should include the fact that drones used age of a family or guests, any Section 333 by numerous businesses, including pipe- at a resort will be operated under strictly application should reassure the FAA that line and electrical transmission compa- controlled circumstances, and only by the resort will obtain explicit permission nies, agriculture and ranching businesses, trained and certified operators. The resort before using such footage commercially. construction companies, and marketing should state that it will strictly limit the groups. To review other pending applica- operation of drones and aerial filming to enSuring inSurAnce tions, go to www.dronelawsblog.com/tag/ narrow windows of time—no more than Importantly, it should also be noted that section-333. is necessary to capture marketing footage, most existing general liability insurance for example, or perhaps only on a Tuesday policies do not extend coverage to the use Section 333 or Wednesday when resort volume is near of drones by ski areas. Resorts seeking ApplicAtion tipS its lowest (and an unstated advantage of an exemption under Section 333 should There are a number of important fac- this is that capturing aerial footage mid- include information about insurance cov- tors resorts should consider when seek- week reinforces the lack of crowding at erage in their application, especially if ing a Section 333 exemption from the your resort). Consider, moreover, the use drones will be operated when guests are FAA. Perhaps the biggest consideration is of 4-foot-tall sandwich boards or other on the mountain. whether a resort plans to operate drone(s) signage with drone iconography or graph- Currently, insurers lump unmanned while the resort is open to the public. ics placed near the top of runs notify- aerial drones within the common pol- Aviation law experts interviewed for ing guests when drone filming may occur icy exclusion for aircraft, and this this article indicated that ski areas may in the area. There are plenty of miscon- includes ski industry insurers like Alpine be able to increase their chances for FAA ceptions about drone use by the general Shield, Safehold/Wells Fargo, and Willis clearance to use drones by clarifying their public (recall the ridiculous myths about MountainGuard. Given the rapid advent intention to operate drones either within black helicopters from the U.N.). of drone technology, insurers are scram- resort boundaries or at times when the Along these lines, any FAA applica- bling to assess the claim potential and risk public is not present. (Again, public safety tion should include detailed information exposure of drones—indeed, there have w w w. n s a a . o rg EARLY WINTER 2014 | NSAA Journal | 13 NSAA Early Winter 2014 prepressed v5b.indd 13 10/29/14 6:06 PM