Singer's Creations 4075 Linglestown Road PMB #333 Harrisburg, PA 17112 717-576-2707 mike@singerscreations.com 

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March 17, 2015

U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 NewJersey Avenue, SE

. I Washington, DC 20590
Re: Application forAmendmentto Exemption 11191, Singer's Creations Regulatory Docket No. FAA-2014-Q915

Dear Sir or Madam:

# Onr~ar~h 3.,.

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# th'~:·FAA**:i~s~~xe~pti6n':1~·19.1 :(~er~i-~a~~~-r!** **~~~e~~ti~n·~~;-.t~**'Singer's Creation's; allowing**comm~rciaJ:oper"ations** Of-it{StJA uiide'(Section'3'33 of-the'FA'A',, M'oClen1ization··aii"d Reform Act of.2012:Singer's·Creations:is re<fuesting·that'the exemption be amended since some ofthe requirements imposed by the FAA are (1) not required in orde·r to

### pr~vide**~** level ofs·afety that is equal to the safety provided by existing rules, (2) create a dangerous situation that greatly reduces the safety provided by existing rules, (3) create an unnecessary burden that is detrimental to Singer's Creations' operations, and/or (4) are not in the public interest. 

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__ S_ingeL._s_Cr.eati_o_l}_s**iss~qu_esting** th.at**th~.FAAji..!Jlend** the exe.mgtio.n...!;>_y_r:_emo_vLng_andLo.r__**--~~­** modifYfng·the following requirements: (1) the require'me.nt for the PIC to hoid a pri.vate pilot certificate, (2) the requirement for avisual observer (VO) to be used in all UAS operations, and (3) the requirement to obtain a Certificate ofWaiver orAuthorization (COA) priorto conducting any operations.
Private P_ilot Cert!ficate**Require~ent**

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- .. '• l I ' ' Siri'ger''s'Cre.atfo'ns requests thadhef'exemption be amended tora'llovit.operations without'a· phvate;pilot.certifi-·cafe. Per 49·lJSC §:447i'l,·Singe·r•s'

### Cre'a'tion·s~may ·not ser:'ve:in ariy capacity·as an ail:'ma·n:with'respecffo·a·Civil :aifcr:aft in"air·c·o·mmerce withoUt

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- :.-**certif~ca~e author~zing**  the airman to serve in the capacity for which the certificate wasissued. The FAA does not possess the authorityto exempt Singer's Creations from this statutory requirement. However, the FAA has been tasked with deciding which airman certificate authorizes the airman to serve in the capacity for which the certificate was issued. In the approved exemption, the FAA determined that a private pilot certificate is the airman certificate that was issued forthe intended operation-- using an unmanned aircraft system (UAS) to conduct aerial photography and videography for homeowners, realtors, home builders, home contractors, and/or home inspectorsfor real estate marketing and inspections of home exteriors.
On February 15, 2015 (16 days priorto when the exemption was approved}, the FAA announced new proposed rules for SUAS1

. In that document,the FAA stated the following:
--"In addition to obtainingan aii·worttliness certifiC-ate, an{person servingas-an

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airman in the operation of a small UAS must obtain an airman certificate. 49 U.S.C. 44711(a)(2)(A). The statute defines an "airman" to include an individual who is "in command, or as pilot, mechanic, or member ofthe crew, who navigates aircraft when underway." 49 U.S.C. 40102(a}(8)(A). Because the person operatingthe small UAS is in command and is a member ofthe crew who navigates the aircraft, that person is an airman and must obtain an airman certificate.
Under current pilot certification regulations, depending on the type ofoperation, the operator ofthe small UAS currently must obtain either a private pilot certificate or a commercial pilot certificate. A private pilot certificate cannot be used to operate a small UAS for compensation or hire unlessthe flight is only incidental to the operator's business or employment. Typically, to obtain a private pilot certificate, the small UAS operator currently has to: {1) Receive training in specific aeronautical knowledge areas; (2) receive trainingfrom an authorized instructoron specific areas ofaircraft operation; {3) obtain a minimum of40 hours offlight experience; and (4)

-**obtain~a-third-dass-airman-medic;al-c::ertific;ate:-Gonversely holding-at-least-a**  commercial pilot certificate allowsthe small UAS to generally be used for compensation or hire, but is more difficult to obtain. In addition to the requirements necessaryto obtain a private pilot certificate, applicants for a commercial pilot certificate currently need to also obtain 250 hours offlight time, satisfy extensive testing requirements, and obtain a second-class airman medical certificate.

Whilethese airman certification requirements are necessaryfor manned aircraft operations, they impose an unnecessary burden for many small UAS operations. This is because a person typically obtains a private or commercial pilot certificate by

1 http://www.gpo.gov/fdsys/pkg/FR-2015-02-23/pdf/2015-03544.pdf**--~--~---~--------------,-----------------~**

learning howto operate a manned aircraft. Much ofthat knowledge would not be applicable to small UAS operations because a small UAS is operated differentlythan
a manned aircraft. In addition,the knowledge currently necessary to obtain a private
or commercial pilot certificate would not equip the certificate holderwith the tools necessaryto safely operate a small UAS. Specifically, applicants for a private or commercial pilot certificate currently are nottrained in how to deal with the "seeand-avoid" and loss-of-positive-control safety issues that are unique to small unmanned aircraft. Thus, requiring persons wishingto operate a small UAS to obtain
a private or commercial pilot certificate imposes the cost ofcertification on those persons, but does not result in a significant safety benefit because the process of obtainingthe certificate does not equipthose persons with the tools necessaryto mitigate**the"public~r:isk-posed by-smaii-UAS-operations~!'**  ---**-~--** In addition to the FAA's recent findings, Singer's Creations believes requiring a private pilot certificate is not in the public interest because (1) the expenses incurred by obtaining a private pilot license and maintaining it will have to be passed on to Singer's Creations' customers, (2) flying manned aircraft is harmful tothe environment, (3) flying manned aircraft poses a higher risk to people, property, and other aircraft than flying UAS, and (4) since Singer's Creations has no interest in flying manned aircraft, the bare minimum will be done in orderto satisfy the requirement of obtaining and maintaining a private pilot certificate. Pilots whom are not deeply invested in flying manned aircraft pose a much greater risk to people, property, and other aircraft.
Since 49 USC§ 44711 requires an airman certificate authorizingthe airman to serve in the capacity for which it was issued, requiring a private pilot certificate does not satisfythis statutory requirement. This is evident since the FAA stated that obtaining a private pilot certificate forthe purpose ofoperating a UAS (1) does not result in a significant safety benefit, (2) does not equip those persons with the tools necessary to mitigatethe public risl<**posed~oysniaWO:L\S operati~anao-(3')**  mucnoftliafl<i1owleage woula noCoe applicable to small UAS operations because a small UAS is operated differentlythan a manned aircraft. Furthermore, Singer's Creations believes requiring a private pilot certificate will (1) create an unnecessary burden that is detrimentalto Singer's Creations' operations, (2) will not increase the level ofsafety, (3) will introduce dangerous situations that pose a much higher risk to people, property, and other aircraft, and (4) is not in the public interest. Furthermore, the FAA does not require a private pilot certificate for noncommercial operationsthat perform the same flights, so removingthis requirement will still allow Singer's Creations to operate within a level ofsafetythat is equal to the level ofsafety provided by existing rules. For those reasons, Singer's Creations would like this requirement to be removed from the exemption and forthe FAA to require a certificate that allowstheairman to serve in the capacity for which itwas issued so that Singer's Creations is able to satisfythe statutory requirement in 49 USC§ 44711.
Visual Observer Requirement Singer's Creations requests that the exemption be amended to allow Singer's Creationsto operate without aVO. Singer's Creations feels this requirement is not necessary for its proposed operations since (1) operations will always be conducted on private property, (2) operations will always be conducted in areas that are clear**of~** people not involved in the operations, (3) the PIC will maintain VLOS at all times, and (4) requiring an additional staff member will burden Singer's Creations and is not in the public interest since it will add additional costs to the operations. Furthermore, the FAA does not require a VO for non-

- commercial operations-thatperforni-tiiesame fiig-hts,-so removing

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allow Singer's Creations to operate within a level ofsafetythat is equal to the level ofsafety provided by existing**rul~s.** For those reasons, Singer's Creations would like this requirement l to be removed from the exemption.
Certificate ofWaiver or Authorization Requirement Lastly, Singer's Creations requests that the exemption be amended to allow Singer's Creations to operate without a COA in Class G airspace, at 400 feet AGL or below, and at least five nautical miles from the geographic center ofan airport unless a letter of agreement with the airport's management is obtained. The FAA does not require a COA for non-commercial operations in Class Gairspace that perform the same flights, so removing this requirement will still allow Singer's Creations to operate within a level ofsafetythat is equal to the level ofsafety provided by existing rules. Furthermore, this requirement creates an unnecessary burden that is detrimental to Singer's Creations' operations since most operations will take place in Class G airspace, at 400 feet AGL or below, and at least

_______ five nautical**mile~n:!_ th~** **_g~g@R~ic ce~_ter**  Qf-'m}irQort.**F_~pse reason~.** **Sing~e'-r'.;;:.s~~--.,.-..~** Creations would likethe exemption to be amended so aCOA is only required when not operating in Class G airspace.

Ifyou have any questions, please contact me atyour earliest convenience. Sincerely,

Mike Singer Founder, Singer's Creations