1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 1 

### Law Office of Daryl Crouse 920 Orizaba Ave. Long Beach, CA 90804 (562) 342

- 4246 daryl@darylcrouse.com Before the

FEDERAL AVIATION ADM INISTRATION

Washington, DC

IN THE MATTER OF PRO AIR MEDIA PETITION FOR EXEMPTI ON TO OPERATE SMALL UNMANN ED AIRCRAFT SYSTEMS FAA Regulatory Docket No. __________

I. SUMMARY

Pro Air Media , an Australian company (" P ro Air "), opening operations in the United States

s eeks aut hority to commercially operate an unmanned aircraft system fleet pursuant to Federal Aviation Regulations (14 C.F.R. § 1.61) and Section 333 of the FAA Modernization and Reform Act of 2012, Special Rules for Certain Unmanned Aircraft Systems

. P ro Air also seeks exemption from the requir ements of certain provisions of 14 C.F.R. Parts 21, 36, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.109(a ), 91.119(c), 91 .121, 91.151, 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b)

. The proposed exemptions, if granted,

would allow Company Name to conduct commercial operations of small unmanned aircraft systems (“UA S”) weighing 55 pounds or less.

II. BACKGROUND

P ro Air is a filmmaking collective that creates full

- motion residential, commercial and corporate real estate videos that are crafted to clients’ specific wants and needs . Consistent with1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 2 

### Congressional intent in enacting Section 222, P ro Air seeks to utilize remote flying and viewing technology to achieve new heights of creativity and production cost savings. P ro Air seeks the requested exemptions and a Certificate of Authorization permitting P ro Air to offer a suite of services, such as: Advertising , Aerial Communications Services , Aerial Inspection , Aerial Pho tography , Emergency Management , Infrastructure Inspection , Ma pping and surveying , Maritime Operations , Market Research , News gathering , Research and Development , Search and Rescue , Security , Special events , Sports , Aerial data collection, Drone pilot and instructor training

III. STATUTORY AUTHORITY Section 333, Special Rules for Certain Unmanned Aircraft Systems , provides a procedure for seeking expedited FAA authorization for UAS operations in the NAS. Subpart A states the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by 332(b)(1)

of this a ct or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that section 333 provides a procedure for “expedited operational authorization.” Section 333(b) identifies factors that the FAA should consider in determi ning whether commercial US operations should be approved when, “as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within the visual line of sight do not create a hazard to users of th e [NAS] or the public or pose a threat to national security.” In addition, Section 44701(f) confers a general authority to grant exemptions from the FAA’s safety regulations and minimum standards when the administrator decides a requested exemption is in the public interest.1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 3 

### IV. P RO AIR MEDIA EXEMPTIONS REQUESTED

P ro Air requests relief from:

14 C.F.R. Part 21 prescribes, in pertinent part, procedural requirements for issuing and changing design approvals; production approvals; airworthiness certificat es; and airworthiness approvals.

14 C.F.R. Part 36 sets forth noise standards for aircraft type and airworthiness

certification. 14 C.F.R. Part 45.23(b) sets forth the requirement, if applicable, that the word “Restricted” be displayed on the unmanned airc raft near each entrance to the cabin, cockpit or pilot station. 14 C.F.R. Part 61.23(a) and (c) sets forth requirements for medical certificates. 14 C.F.R. Part 61.101(e)(4) and (5) prescribes recreational pilot privileges and

limitations.

14 C.F.R. Part 6 1.113(a) and (b) prescribes private pilot privileges and limitations. 14 C.F.R. Part 61.133(b) prescribes commercial pilot privileges and limitations. 14 C.F.R. Part 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition. 14 C.F.R. Part 91.9 (b)(2) prohibits operation of US registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and records, or any combination thereof. 14 C.F.R. Part 91.103(b)(1) prescribes, in pertinent part, that each pilot in command shell, before beginning a flight, become familiar with all available information concerning that flight, include, “for any flight, runway lengths at airports of intended use, and the following1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 4 

### takeoff and landing distance: For civil aircraft forwards and approved Airplane or Rotorcraft Flight Manual containin g takeoff and landing distance data is required, the takeoff and landing

distance data contained therein.” 14 C.F.R. Part 91.109(a) provides that “no person may operate a civil aircraft (except in manned free balloon) that is being used for flight instruc tion unless the aircraft has fully functioning dual controls.” 14 C.F.R. Part 91.119(c) prescribes that, except when necessary for takeoff or landing, no person may operate an aircraft below the certain altitudes under certain conditions.

14 C.F.R. Part 91 .121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an appropriate ultimate setting available before departure.”

14 C.F.R. Part 91.151 prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, ( 1) during the day, to fly after that for at least 30 minutes; or (2) at night, to fly after that for at least 45 minutes. 14 C.F.R. Part 91.203(a) and (b) prohibits, in subpart (a), any person operating a civil aircraft unless it has within it (1) an appro priate concurrent airworthiness certificate; and (2) an effective US registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Registration Application as provided for in §43.3 7(c). Section

91 .203 prescribes, in subpart (b), that no person may operate a civil aircraft unless and airworthiness certificate or a special flight authorization issued under §91.715 legible to passengers or crew is displayed at the capital cockpit.1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 5



### 14 C.F.R. Part 91.40 7(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, inventive maintenance, rebuilding, or alteration unless it has been approved for return to service by a person authorized under §43.7 of the same

ch apter. 14 C.F.R. Part 91.409(a)(1) and (2) prescribes, in pertinent part, that no person may operate aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. 14 C.F.R. Part 91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of

the 10 0

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an

aircraft. The records must include

— (i) A description (or reference t o data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the fol lowing information: (i) the total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of a ll items installed on the aircraft which are required to be overhauled on a specified time basis, (iv) the current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft a nd its appliances are maintained, and (v) The current status of applicable airworthiness directives (AD) and safety directives including,1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 6 

### for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required, and (vi) copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliance s. The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. The records specified in paragraph (a)(2) of this section shall be retained an d transferred with

the aircraft at the time the aircraft is sold. A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to service

. V. P RO AIR MEDIA OPERATIONS SATISFY SECTION 333 REQUIREMENTS

a. PRO AIR MEDIA UAS Fleet

P ro Air proposes to operate three small UAS under this exemption.

Phantom 2

Pro Air seeks an exemption to operate a DJI Phantom 2 for compensation or hire. The DJI Phantom 2is comprised of a multi

- rotor unmanned aircraft and two handheld ground control stations. The DJI Phantom 2 has a maximum gross weight of approximately 2.86 pounds, diagonal wheelbase of 13.78 inches, and height of approximately 7.5 inche s. The DI Phantom 2 is equipped with four rotors driven by four lithium polymer battery powered electric motors. Design and operational characteristics are provided in DJI Phantom 2 Operating Manual (Page 35).1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 7



### Phantom 3

Pro Air seeks an exemption to operate a DJI Phantom 3 for compensation or hire. The DJI Phantom 3 is comprised of a multi

- rotor unmanned aircraft and two handheld ground control stations. The DJI Phantom 3 has a maximum gross weight of approximately 2.821

pou nds, diagonal wheelbase of 13.78 inches, and height of approximately 7.5 inches. The DI Phantom 3 is equipped with four rotors driven by four lithium polymer battery powered electric motors. Design and operational characteristics are provided in DJI Phantom 3 Operating Manual (Page 53). DJI Inspire

Pro Air seeks an exemption to operate a DJI Inspire for compensation or hire. The DJI Inspire is comprised of a multi

- rotor unmanned aircraft and two handheld ground control stations. The DJI Inspire has a maximum gross weight of a pproximately 6.5 pounds, diagonal

wheelbase of 22.88 inches, and height of approximately 11.85 inches. The DJI

- S1000 is equipped with four rotors driven by four lithium polymer battery powered electric motors. Design and operational characteristics are pr ovided in DJI Inspire Operating Manual (Page 57).

DJI

- S1000

Pro Air seeks an exemption to operate a DJI

- S1000 for compensation or hire. The DJI

S1000 is comprised of a multi

- rotor unmanned aircraft and two handheld ground control

stations. The DJI

- S 1000 has a maximum gross weight of approximately 24.25 pounds, diagonal wheelbase of 41.14 inches, and height of approximately 22 inches. The DJI

- S1000 is equipped with eight rotors driven by eight lithium polymer battery powered electric motors. Design a nd operational characteristics are provided in DJI S1000 Operating Manual (Page 22).1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 8 

### b. Pilot In Command (PIC) and Operations

All P ro Air Flight Crews, including PIC and Visual Observers (VO), will be qualified as directed by FAA and Pro Air Standard Operating Procedure (SOP). All flight crewmembers, including PIC and VO, will have an understanding of, and comply with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, applicable to the airspace where the UAS will operate. Specifically, all flight crew members will receive training on the rules and responsibilities described in 14 CFR Part 91 Sections 91.111, 91.113 and 91.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including standard ATC phraseology and communication. The PIC must possess at least a current private pilot certificate and third class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR Section 61.56 in an aircraft in which the PIC is rated on his/her pilot certifi cate. Prior to operations, the PIC must have accumulated and logged, in a manner consistent with 14 CFR Section 61.51(b), a minimum of 25 hours of total time as a UAS pilot and at least ten hours logged as a UAS pilot with similar UAS type (fixed wing or rotary). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience building flights are requested to be conducted under this grant of exception to acco mplish the required flight cycles and flight time. During training, proficiency, and experience building flights, all persons not essential for flight operations will be considered non

- participants and the PIC will operate the UAS with appropriate distance from non

- participants in accordance with 14 CFR Section 91.119. The UAS shall remain clear and yield the right of way to all other manned aviation operations and activities at all times.1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 9



### The UAS shall be operated at an altitude of no more than 400 feet ab ove ground level (AGL). All altitudes reported to ATC will be in feet.

The multi

- rotor UAS shall not be flown at a ground speed exceeding 30 mph. Fixed wing and hybrid UAS shall be flown at a ground speed not to exceed the maximum design limitation air spe ed of 57 mph as stated in the operating manuals. UAS Operations will be conducted under visual meteorological conditions (VMC). The UAS will not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud or when visibility is les s than 3 statute miles from the PIC. If the UAS loses communications or loses its GPS signal, it must return to a pre

determined location within the planned operating area and land or be recovered in accordance

with Pro Air SOP.

The UAS PIC must abo rt the flight in the event of unpredicted obstacles or emergencies in accordance with operating documents. The UAS PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cr uising speed to the intended landing point and land the UAS with 25% battery power remaining.

c. PRO AIR MEDIA UAS Operating Parameters The UAS operated in accordance with this proposed exemption shall be identified by serial numbers, registered in accordance with 14 CFR part 47, and have identification (N

Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 10



### The UAS documents required under 14 CFR 91.9 and 91.203 shall be available to the

PIC at the Ground Control Station of the UAS anytime the aircraft is operating. Those documents shall be available to the Administrator or any law enforcement official upon request. Any UAS incidents, accidents or flight operations that transgress the lateral or ver tical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB) per instructions contai ned on the NTSB Web

site: www.ntsb.gov

. Unless otherwise specified in this petition, the UAS PIC, and the UAS operations shall comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61 an d

91. The UAS shall not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC ). Each work site will

also be evaluated based on local conditions. Operations of UAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or structures that perform an essential function in connection with

these s pecial purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons are permitted when operationally necessary; but never so close to present an undue hazard. This is consistent with Exemption No. 11138. Ope rations of UAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission, and the PIC makes a safety assessment of the risk from1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 11 

### operations and determines that it does not present an undue hazard to persons or property. This is consistent with Exemption No. 11138. Flight operations will be conducted at least 500 feet from all nonparticipating persons

unless barriers or structures a re present that sufficiently protect nonparticipating persons from

the UAS and/or debris in the event of an accident. Pro Air shall ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating perso ns leave such protection and are within 500 feet of the UAS, flight operations will cease immediately. This is consistent with Exemption No. 11138. All operations of UAS shall be conducted with the permission from the land

owner/controller or authorized r epresentative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted. The UAS will not operate within 5 nautical miles of an airport reference point as denoted

on a current FAA

- published aer onautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be

made available to the Administrator upon request. This is consistent with Exemption No 11159. The UAS must be operated within VLOS of the PIC and VO at all times. This requires the PIC to be able to use human vision to see the UAS unaided by any device other than

correc tive lenses, as specified on the PIC’s FAA issued medical certificate. All UAS operations must utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be

able to communicate verbally at all times. The PIC and VO must be designated before the flight1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 12 

### and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in Company Name SOP.

The UAS will n ot be operated by the PIC from any moving device or vehicle. Operations will not be conducted during night as defined in 14 CFR 1.1.

Pro Air will conduct preflight safety risk assessments to determine that the UAS is in a condition for safe flight ( 14 CFR Section 91.7(b)) and that the planned operation can be completed safely. Specific procedures are addressed in Pro Air SOP, and UAS Operation

Manuals.

Pro Air operations do not require a notification to Flight Standards District Offices (FSDOs).

Pro Air shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this requested grant of exemption. Additionally, Pro Air will request a Notice to Airmen (NOTAM) not more than 72 hours, but not less than 48 hours prior to the operation. Prior to operations conducted for the purpose of precision agriculture (or similar operations), the PIC must have accumulated and logged in a manner consistent with 14 CFR Section 61.51(b), a minimum of five hours as a UAS PIC operating the make and model of the UAS to be utilized for operations under this requested exemption, and three take

- offs and landings in the preceding 90 days. Training, proficiency, experience

- building, and take

- off and landing currency flights are requested to be conducted under this grant of exemption to accomplish the required flight time and 90

- day currency. During training, proficiency, experience building, and take

- off and landing currenc y flights all personnel not essential for1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 13 

### flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR Section 91.119. All operations must utilize a VO. The VO may be used to satisfy the Visual Line of Sight (VLOS) requirement as long as the PIC always maintain VLOS capability. The VO and PIC must be able to communicate verbally at all times. This condition and limitation is consistent with all FAA approved Exemp tions.

VI. Pro Air ’s Requested Exemption Promotes the Public Interest Granting Pro Air ’s petition for exemption will further the public interest because P ro

Air seeks to perform necessary and vital services for public and private organizat ions. Such services include research, education, agricultural, search and rescue. The P ro Air unmanned aircraft fleet are battery

- powered UAS that serve as a safe, efficient, and economical alternative to the demand aircraft traditionally utilized i n obtaining aerial imagery within these industries. An exemption allowing P ro Air ’s UAS fleet to operate would reduce the amount of manned aircraft operating in the NAS, reduce noise and air pollution. In addition, the safety of life and property bo th in the air and on the ground would be improved. By reducing the number of manned aircraft operating in the NAS airport congestion caused by arriving and departing aircraft will be reduced. The P ro Air UA S fleet does not require an airport to tak e off or land. A reduction of manned aircraft conducting aerial imagery flights would mean air traffic control handling less traffic during the ground, takeoff, departure, arrival and landing phases of flight operations. Aerial imagery missions using the P ro Air UAS fleet, instead of manned aircraft, benefits the public by drastically reducing air and noise pollution generated during manned aircraft operations. The P ro Air UAS fleet, a battery powered electric motor, is the most viable1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 14 

### environmentally conscious alternative to internal combustion aircraft. The maximum gross weight of 5 pounds per UAS has less physical mass for collateral damage to life and property whether on the ground or in the air.

a. Exemption from The Requirements of Se ction 91.9(b) Would Not Adversely Affect Safety This exemption would maintain the level of safety established by Section 91.9(b)

because P ro Air will keep the approved Airplane Flight Manual at the ground control station where the pilot in command w ill have immediate access to the document. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight Manual is kept at the ground control station of a UAS, where it can be immediately accessed by the pilot in command. Section 91.9(b) “requires aircraft to carry the flight manual so the pilot would have ready access to the aircraft limitations while in flight.” Exemption No. 8607. However, the FAA has also

found that U AS will always be operated without any passengers or crew onboard, and that “requiring these special

- use aircraft [UAS] to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS].” Id. The FAA has previously granted exem ptions in circumstances similar, in all material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

b. Exemption from The Requirements of Section 91.203(a) and ( b) Would Not Adversely Affect Safety1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 15



### This exemption would maintain the level of safety established by Sections 91.203(a) and (b) because P ro Air will keep the required documents at the ground control station where the pilot in command will have imme diate access.

P revious exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish that safety is not adversely affected when the Airworthiness Certificate and U.S. registration certificate are kept at the ground control station of the UA S, where it can be immediately accessed by the pilot in command. Specifically, the FAA has held that the intent of Sections 91.203(a) and (b) is better served by having the required documents in the control of the UAS operator (pilot in command), reasoning as follows: “The original intent of the subject regulation was to display the airworthiness and registration documents so they would be easily available to FAA inspectors and passengers for inspection and verification of the airworthiness and registration of the aircraft . . . In this case, the aircraft will always be operated without any passengers or crew.” The missions for which UASs are intended will prevent the need for aircraft normally prescribed for civil aircraft. Further, it will be operated on strictly confined missions from a known departure and arrival point, under the constant control of a pilot

- in

- command. Requiring these special

- use aircraft to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS]. FAA operating limitations and special arrangements with Air Traffic Control (ATC) for surveillance of [UAS] flights adequately compensate for the requirements for carrying airworthiness and registration documents. The intent of the regulation is better

served by having the required documents in the control of the aircraft operator and available for inspection under the special conditions prescribed in this exemption.1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

P RO AIR MEDIA PETITION FOR EXEMPT ION TO OPERATE SMALL UAS

- 16



### The FAA has previously granted exemptions in circumstances similar, in all material

respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

VII. CONCLUSION As set forth above, P ro Air Media seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the P ro Air UAS fleet commercially, without an airworthiness certificate, for the purposes describe d above. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, and the public, by allowing P ro Air to safely, efficiently, and economically operate the UAS flee t commercially

within the NAS.

WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, P ro Air respectfully requests that the Administrator grant this Petition for an exemption fr om the requirements of which parts 14 C.F.R. Parts 21, 36, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b).

Dated this 5 January 2016 5

.

Daryl G. Crouse, Esq.