____________________________________

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 Administration 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 anticipates 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 clarification for allowing licensed pilots or pilots 

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 clarify application of the rule to UAS and 

remove the burden of granting individual exemptions. 

Effect: Section 333 does not provide flexibility for requirements of title 49. The proposed change fulfills 

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 public interest because it presents no change of safety risk to the national 

airspace system since exemptions consistent 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: This 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 - Flying-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 - Woolpert, 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 paragraphs (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 for 
compensation or hire; nor may that person, for compensation or hire, act as pilot in command 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 pilot 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 directly 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 organization 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 requirements 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. 

-----------------------------------------------------------------------------------------------------------