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Petition for Rulemaking ) to Implement Changes to ) 14 C.F.R. §61.113 ) to allow commercial operation of UAS ) by licensed or certified pilots )

____________________________________ **Summary: Purpose, necessity, effect, merits of proposed rule (or modification). Authority:**  (14 CFR Part 11 ) Under the authority of the Admin i stration Procedure Act Cite: 5 U.S.C. 551 et seq.(APA), whereas "The public has the right to petition and agency to issue, modify or rescind a rule..." **Standing:** "Petitions for Rulemaking and informal requests from affected parties" - Petitioner an ticipates requesting Exemption under Section 333 and/or applying for licensing at such time as the Agency completes rulemaking for UAS operation in the NAS. **Purpose:** For the purpose of satisfying a need for cl a rification for allowing licensed pilots or pil ots certified by passing the Private Pilot Ground School (PAR) Written Test to operate and/or train in the operation of Unmanned Aerial Systems and Vehicles (UAS) in the National Air Space (NAS) for hire (pay). **Necessity:** The Agency has granted a number of individual exemptions to 14 C.F.R. §61.113(a) and (b) for commercial operation of UAS. Making this change would cl a rify application of the rule to UAS and remove the burd e n of granting individual exemptions. **Effect:** Section 333 does not provide flexibili ty for requirements of ti tle 49. The proposed change ful fil l s the requirements of Title 49 while simplifying exemptions under Section 333 and is consistent with all recent actions granting exemptions under Section 333. **Merits:** The Petition is in the publ ic interest because it presents no change of safety risk to the national airspace system since exemptions consist e nt with the requested change are being granted with the requirement for a licensed or certified pilot (or passing the PAR written exam) to act as PIC for UAS. **Cost: T** his change would provide a cost (time) reduction and simplification relieving one part of the exemption process. The FAA is already granting exemptions that effectively make this change to part §61.113(b). **Background:** In each of the actions below, Section 333 Exemptions, relief for 61/113(a)&(b) was granted:• FAA- 2014=0352 = Astraeis Aeroa - §61.113 exemption granted

• FAA- 2014 - 0353 - Aerial MOB, LLC - §61.113 exemption granted
• FAA- 2014 - 0357 - Pictorvision, Inc. - §61.113 exemption granted
• FAA- 2014 - 0354 - HeliVideo Productions, LLC - §61.113 exemption granted
• FAA- 2014 - 0358 - Snaproll Media, LLC. - §61.113 exemption granted
• FAA- 2014 - 0356 - RC Pro Producitns Consulting LLC/dba Vortex Aerial - §61.113 exemption granted
• FAA- 2014 - 0355 - F lying - Cam, Inc. - §61.113 exemption granted
• FAA- 2014 - 0507 - Clayco, Inc. - §61.113 exemption granted
• FAA- 2014 - 0367 - Trimble Navigation, Ltd. - §61.113 exemption granted
• FAA- 2015 - 0382 VDOS - Global, LLC. - §61.113 exemption granted
• FAA- 2014 - 0398, 0506 - Wo olpert, Inc. - §61.113 exemption granted
• FAA- 2014 - 0481 - 0013 - Douglas Trudeau, Realtor® - §61.113 exemption granted
• FAA- 2014 - 05 - 8 - Advanced Aviation Solutions, LLC - §61.113 exemption granted
• FAA- 2014 - 0400 - Aerocine, LLC - §61.113 exemption granted
• FAA– 2014–0519 - Burnz Eye View, Inc. - §61.113 exemption granted **Also:** ID: FAA - 2007 - 29015 - 0159 (April 15, 2008) Certification of Aircraft and Airmen for the Operation of Light - Sport Aircraft; Modifications to Rules for Sport Pilots and Flight Instructors With a Sport Pilot Rating: 10. Permit private pilots to **receive compensation** for production flight testing powered parachutes and weight - shift - control aircraft intended for certification in the light - sport category under § 21.190.

**----------------------- ---------------**  **PROPOSED RULE CHANGE -----------------------------------**  **Private pilot privileges and limitations: Pilot in command. 14 C.F.R. § 61.113(a) and (b)**  - (Private pilot operating UAS for pay **- adding 3 and 4)**  **(**a) Except as provided in paragraph s (b) through (h) of this section, no person who holds a private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property forcompensation or hire; nor may that person, for compensation or hire, act as pilot in c ommand of an

aircraft. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Proposed Addition/Modification: **{Adding} (3) The aircraft is an Unmanned Aerial Vehicle (UAV) marked with the U.S. registration number.**  **{Adding} (4) For the purpose of instructing in the safe operation for Unmanned Aerial**  **Systems.** (c) A private pilot may not pay less than the pro rata share of the operating expenses of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees. (d) A private pil ot may act as pilot in command of a charitable, nonprofit, or community event flight described in § 91.146, if the sponsor and pilot comply with the requirements of § 91.146. (e) A private pilot may be reimbursed for aircraft operating expenses that are di rectly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned and under the direction and control of: (1) A local, State, or Federal agency; or (2) An o rganization that conducts search and location operations. (f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time may demonstrate an aircraft in flight to a prospective buyer. (g) A private pilot who meets the r equirements of § 61.69 may act as a pilot in command of an aircraft towing a glider or unpowered ultralight vehicle. (h) A private pilot may act as pilot in command for the purpose of conducting a production flight test in a light - sport aircraft intended for certification in the light - sport category under § 21.190 of this chapter, provided that — (1) The aircraft is a powered parachute or a weight - shift - control aircraft; (2) The person has at least 100 hours of pilot - in - command time in the category and class of aircraft flown; and(3) The person is familiar with the processes and procedures applicable to the conduct of

production flight testing, to include operations conducted under a special flight permit and any associated operating limitations.

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