August 11, 2015

Exemption No. 12422

Regulatory Docket No. FAA–2015–2266

Mr. Jeffrey J. Antonelli

Antonelli Law

Counsel for Richter Brothers Studios, Inc

dba Richter Studios

35 E Wacker Drive, Suite 1875

Chicago, IL 60601

Dear Mr. Antonelli:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 26, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Richter Brothers Studios, Inc. dba Richter Studios (hereinafter petitioner or 

operator) for an exemption. The petitioner requested to operate an unmanned aircraft system 

(UAS) to conduct aerial cinematography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Inspire 1.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Richter Brothers Studios, Inc. dba Richter Studios is 

granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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perform aerial data collection. This exemption is subject to the conditions and limitations 

listed below.

Conditions and Limitations

In this grant of exemption, Richter Brothers Studios, Inc. dba Richter Studios is hereafter 

referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. 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; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 
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documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
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government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
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reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

Drone/UAS Practice Group 35 E Wacker Drive

Suite 1875

Chicago, IL 60601

Tel. 312.201.8310

 Jeffrey@Antonelli-Law.com

U.S. Department of Transportation May 26, 2015

Docket Management System

1200 New Jersey Ave S.E. 

Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 

and Part 11 of the Federal Aviation Regulations from Certain Provisions of 14 C.F.R.

Richter Studios

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, Antonelli Law files this petition for exemption on behalf of Richter 

Studios (“Richter”), an operator of Small Unmanned Aircraft Systems (“UAs”) for aerial 

cinematography. Specifically, petitioner seeks an exemption from the Federal Aviation 

Regulations (“FARs”) listed in Appendices A and B to allow commercial operation of its UAs, so 

long as such operations are conducted within and under the conditions outlined herein or as may 

be established by the FAA in a grant of this petition. This request is substantially similar to other 

data collection petitions previously approved, and should be considered under the expedited 

summary grant procedure.

Approval of the exemption for petitioner will allow commercial operation of the DJI 

Inspire 1 in Class G airspace nationwide unless otherwise prescribed by an Air Traffic 

Organization (ATO) issued COA. This UA has been previously approved for commercial 

operations in Exemption Nos. 11204, 11224, 11254, 11279, 11280, 11288, 11295, 11301, 11303, 

11313, 11314, 11318, 11323, 11327, 11336, 11342, 11359, 11377, 11384, 11385, and 11394. The 

UA covered by this petition is a small battery-powered craft, weighing approximately 6.5 lbs., 

inclusive of battery and payload. Operation of the UA under the strict conditions proposed below 

will provide an equivalent level of safety, as Congress intended, while still allowing commercial 

operations. Operations using these UAs are far safer than conventional operations conducted with 

helicopters and fixed-wing aircraft that weigh thousands of pounds, carry highly flammable fuel, 

and operate in close proximity to the ground, trees, infrastructure, and people. 

Congress directed the FAA to consider seven factors in deciding whether to approve

Section 333 exemption petitions - size, weight, speed, operational capability, proximity to airports, 

proximity to populated areas, and operation within visual line of sight. In this case, each factor 

supports the exemption request. In particular, the UA is small, and will operate at slow speeds and 

close to the ground. It will be able to more safely and efficiently conduct operations that would 

3

Table of Contents

I. Publishable Summary...................................................................................................................... 5

II. Petitioner’s Contact Information.................................................................................................... 5

III. Proposed Operations........................................................................................................................ 6

A. The UAs ......................................................................................................................... 6

B. The Crew ........................................................................................................................ 6

C. Flight Conditions............................................................................................................ 7

D. Flight Operations............................................................................................................ 7

IV. Aircraft and Equivalent Level of Safety ....................................................................................... 8

VI. Proposed Conditions of the Exemption......................................................................................... 8

VI. Privacy ............................................................................................................................................. 12

VII. Public Interest and Safety................................................................................................................ 12

VIII. Regulations from Which Exemption is Requested.............................................................. 13

Appendix A: FARs as to which Richter wishes the same determination to be made as has 

been made previously............................................................................................................ 13

Appendix B: Richter’s argument for exemption from 14 CFR §§ 61.23(a) and (c), 

61.101(e)(4) and (5), 61.113(a), 61.315(a)............................................................................ 18

1. The FAA and foreign regulators recognize that obtaining a manned aircraft pilot 

license is unnecessary for safe operation of a UA ...................................................... 18

2. The FAA does have, and has already, exercised the authority to exempt petitioners 

from the airman certificate requirement ..................................................................... 20
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Exhibit List

Exhibit 1: Inspire 1 Quick Start Guide ...................Submitted seaparetly due to upload constraints

Exhibit 2: Inspire 1 User Manual............................Submitted separately due to upload constraints

Exhibit 3: Safety Guidelines......................................................................................................... 21

Exhibit 4: Disclaimer and Warning .............................................................................................. 31

Exhibit 5: Intelligent Flight Battery Safety Guidelines ................................................................ 50

Exhibit 6: Inspire 1 Maintenance Manual..................................................................................... 54

Exhibit 7: Inspire 1........................................................................................................................ 56

Exhibit 8: Inspire 1 Features......................................................................................................... 64

Exhibit 9: Inspire 1 Specifications................................................................................................ 78
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I. Publishable Summary

Pursuant to 14 C.F.R. §11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules: 

14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 

C.F.R. 45.29; 14 C.F.R. 61.23(a) and (c); 14 C.F.R. 61.101(e)(4) and (5); 14 C.F.R. 

61.113(a); 14 C.F.R. 61.315(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 

91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 14 C.F.R. 

91.113(b); 14 C.F.R. 91.119 (c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 

91.203(a) and (b); 14 C.F.R. 91.215; 14 C.F.R. 91.403; 14 C.F.R. 91.405(a); 14 C.F.R. 

91.407(a)(1); 14 C.F.R. 409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b) to operate 

commercially small unmanned aircraft systems (UAs) (6.5 lbs. or less).

Approval of the exemption requested by petitioner will allow commercial operation of 

the DJI Inspire 1 for the purpose of aerial cinematography in Class G airspace 

nationwide, unless otherwise prescribed by an ATO-issued COA. The requested 

exemption should be granted because operation of a small UA weighing approximately 

6.5 lbs. (2.9 kg.), inclusive of battery and payload, conducted in the strict conditions 

outlined below, will provide an equivalent level of safety, while still allowing 

commercial operations. The lightweight aircraft covered by the exemption are far safer 

than conventional operations conducted with helicopters and fixed-wing aircraft 

weighing thousands of pounds and carrying highly flammable fuel, and operating in 

close proximity to the ground and people. The seven factors Congress directed the FAA 

to consider when approving Section 333 exemption petitions - size, weight, speed, 

operational capability, proximity to airports, proximity to populated areas, and 

operation within visual line of sight – each support the request. In particular, the aircraft 

are small, and will operate at slow speeds, and close to the ground. The substantial 

increase of safety and decrease of risk to human life, coupled with the low risk use of 

UAs to conduct these operations, weigh heavily in favor of granting the exemption.

II. Petitioner’s Contact Information

Jeremy Richter

CEO

Richter Studios

1143 W Rundell Place

Chicago, IL 60607

Counsel for Petitioner:

Antonelli Law

35 E Wacker Drive

Suite 1875

Chicago, IL 60601

Tel: 312-201-8310

Email: jeffrey@antonelli-law.com
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III. Proposed Operations

A. The UAs

The requested exemption will permit petitioner to operate the DJI Inspire 1. The Inspire 1 

has been previously approved for commercial operation in Exemption Nos. 11204, 11224, 11254,

11279, 11280, 11288, 11295, 11301, 11303, 11313, 11314, 11318, 11323, 11327, 11336, 11342, 

11359, 11377, 11384, 11385, and 11394.

This petition, along with Exhibits 1-9 which include the supporting documentation of the 

UA, are hereinafter referred to as the “operating documents.” The specific conditions of the 

proposed exemption that relate to the characteristics of the UAs are numbers 1, 5, and 16-20 in 

Section VI below. Each has been adopted or imposed by the FAA in numerous previous grants of 

Section 333 exemption petitions. The Inspire 1 has the ability to hover and move in the vertical 

and horizontal planes simultaneously.

The Inspire 1 has the following specifications or equivalent:

Airframe: DJI Inspire 1

Control system: internal to the Inspire 1. This includes the main controller (MC), which receives 

the battery voltage, capacity, and current, the internal measurement unit (IMU), which receives 

telemetry data, compass, and GPS.

Maximum speed: 43 knots

Weight, inclusive of battery and technical payload: 6.5 lbs. (2.9 kg.)

Transmitter (Tx): DJI Inspire Remote Control

Receiver (Rx): internal to the control system

Motors: DJI 3510

Propellers: 13” x 4

Combined data and video link: HD Lightbridge

Gimbal: Zenmuse X3

Batteries: Lithium Polymer 6S High voltage battery with 4500-5700 mAh capacity

Telemetry display: DJI Pilot App

Automatic return to home procedure: If Tx signal is lost for more than three seconds and the UA 

is under 65 ft. (20 m.) AGL, the UA will rise to 65 ft. AGL, travel horizontally to the predesignated home spot, hover for 15 seconds, then land. If the UA is above 65 ft. AGL, travel 

horizontally to the pre-designated home spot, hover for 15 seconds, then land.

B. The Crew

The crew will consist of a pilot in command (PIC) and a visual observer (VO). The PIC 

and VO will have been trained in operation of UAs generally and received up-to-date information 

on the UA to be operated pursuant to this grant. The PIC will receive Inspire-specific training to 

ensure proficiency on the platform.

The specific conditions of the proposed exemption that relate to the training and 

characteristics of the crew are numbers 3 and 6-9 in Section V below. Each has been adopted or 

imposed by the FAA in numerous previous grants of Section 333 exemption petitions. 
7

C. Flight Conditions

The UA will be used for aerial cinematography in Class G airspace (unless otherwise

prescribed by an ATO-issued COA) under 200 feet above ground level (“AGL”) and under 

controlled conditions over restricted property. Petitioner will work with the local FSDO when 

planning operations. Petitioner will only operate its UA in visual meteorological conditions 

(VMC). The UA will at all times be no less than 500 feet below and no less than 2,000 feet 

horizontally from a cloud, and petitioner will not conduct operations unless visibility is at least 3 

statute miles from the PIC. The flight crew will always make a safety assessment of the risk of 

every operation, and will only operate when it is determined that no hazards are present.

Additionally, petitioner will follow DJI’s guidelines for flight conditions. These are found 

in Exhibit 2, beginning on page 45 of that document.

The specific conditions of the proposed exemption that relate to the flight conditions in 

which the UA will be operated are numbers 2, 4, 16, and 28-29 in Section V below. Each has been 

adopted or imposed by the FAA in numerous previous grants of Section 333 exemption petitions.

D. Flight Operations

The purpose of the UA flights for which exemption is requested will be for aerial 

cinematography. Every UA flight will use at minimum a two person flight crew: a PIC and a VO.

Petitioner will limit flights to 200 ft. AGL, and requests the FAA to allow it to operate no 

closer than 175 ft. from nonparticipating individuals when operating at or below 65 ft. AGL.

Petitioner will be able to maintain the safety of nonparticipants while decreasing the nonparticipant 

parameter, by applying the same ratio the FAA has previously determined to be safe.

Petitioner anticipates that every flight, even one that is planned to be at 30 ft. AGL, may 

rise to 65 ft. AGL if the automatic return-to-home program is activated. 

Petitioner has selected the 175 ft. “nonparticipant parameter” by looking at the FAA’s 

“safety ratio” for previous Section 333 approvals. Under the new “blanket 200 ft. COA” procedure, 

an approved operator may operate their UA up to 200 ft. AGL while keeping nonparticipants 500 

ft. away from operations, giving the following ratio:

Nonparticipant parameter

Maximum height AGL = Safety Ratio

500 ft.

200 ft. = 2.5

By multiplying the maximum height AGL of an operation by 2.5, petitioner will maintain 

this same “safety ratio” previously approved by the FAA. For example, if an operation will have 

a maximum AGL of 100 ft., petitioner will require nonparticipants to remain at least 250 ft. from 

the operational area.

For operations that will take place at or below 65 ft. AGL, application of the “safety ratio” 
8

would require nonparticipants to remain at least 162.5 ft. from the operational area. In an 

abundance of caution, petitioner will increase this distance an additional 12.5 ft. to maintain a 175 

ft. perimeter from the operational area. Regardless of this minimum, petitioner will require a 

greater perimeter should it determine one is necessary for a given operation.

Before conducting an operation, the flight crew will examine the operational area to 

identify at least two potential safe emergency landing areas, should nonparticipating individuals 

enter into the flight area.

Additionally, petitioner will follow DJI’s guidelines for flight operations, including DJI’s 

preflight checklist. Please refer to the following exhibits:

Exhibit 2 beginning on page 49 of that document

Exhibit 3

Petitioner will follow DJI’s maintenance guidelines found in Exhibit 6. Only individuals 

who have experience and training on the Inspire 1 system will be approved to conduct inspection 

and maintenance. If it is determined that the UA requires more specific maintenance than can be 

conducted in-house, petitioner will send the UA to the manufacturer or manufacturer-certified 

repair center to be repaired.

The specific conditions of the proposed exemption that relate to flight operations are 

numbers 11-12, 17-25, and 32-35 in Section V below. Each has been accepted or imposed by the 

FAA in numerous previous grants of Section 333 exemption petitions.

IV. Aircraft and Equivalent Level of Safety

Petitioner proposes that the exemption apply to UAs that have the characteristics and that 

operate with the limitations proposed herein. These limitations provide for a level of safety at least 

equivalent to or higher than manned aircraft operations under the current regulatory structure. 

Section V below identifies the limitations and conditions to which petitioner agrees to be bound 

when conducting commercial operations under a grant of this petition. Appendix A contains a 

matrix connecting (i) the specific proposed condition with (ii) the FAR provision for which it 

provides equivalent level of safety and (iii) one or more recent Section 333 exemption grants in 

which the FAA recognized this equivalent level of safety.

Approval of the commercial operations outlined in this petition presents no national security 

issue. Petitioner is willing to require its PICs to undergo a background check, including the 

proposed Transportation Security Administration Vetting process, to ensure that no national 

security threat is present. Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 

9543 at 9572 (proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 21, 43, 45, et al.).

V. Proposed Conditions of the Exemption

1. The UAs, including battery and technical payload will weigh no more than approximately 6.5 

lbs. (2.9 kg.).

2. UA operations under this exemption will be limited to conducting operations for the purpose 

of utility and infrastructure inspections in Class G airspace nationwide, unless otherwise 

prescribed by an ATO issued COA.
9

3. Flights will be operated within line of sight of a PIC and VO.

4. Flights will be operated at an altitude of no more than 200 feet AGL, as indicated by the 

procedures specified in the operating documents. All altitudes reported to ATC must be in feet 

AGL.

5. The UA will not be flown at an indicated airspeed exceeding 43 knots. 

6. Minimum flight crew for each operation will consist of the UA PIC and a VO.

7. The PIC will have completed UA-specific training provided by the manufacturer prior to 

commercial operations.

8. The petitioner will not permit any PIC to operate unless the PIC meets its qualification criteria 

and demonstrates the ability to safely operate the UA in a manner consistent with how the UA 

will be operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency will be logged in a manner consistent with 14 CFR 

§61.51(b). A record of the PIC training will be documented and made available upon request 

by the Administrator. Training operations will only be conducted during dedicated training 

sessions. During training, proficiency, and experience-building flights, all persons not essential 

for flight operations will be considered nonparticipants, and the PIC will operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

9. The VO will not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions, and will not be permitted to 

operate the camera or other instruments.

10. The PIC will be designated before the flight and will not be allowed to transfer his or her 

designation for the duration of the flight. The PIC will ensure that the VO can perform the 

functions prescribed in these conditions and the operating documents.

11. A briefing will be conducted in regard to the planned UA operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in connection 

with the operations be present for this briefing. 

12. Prior to each flight, the PIC will inspect the UA, including the Ground Control Station, to 

ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the 

safe operation of the UA, the PIC will not operate the UA until the necessary maintenance has 

been performed and the UA is found to be in a condition for safe flight. All maintenance and 

alterations will be properly documented in the aircraft records.

13. Petitioner will conduct a functional flight test on any UA that has undergone maintenance or 

alterations that affect the UA operation or flight characteristics, e.g. replacement of a flight 

critical component. The PIC who conducts the functional test flight will make an entry in the 

aircraft records. 

14. The petitioner will carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the UA manufacturer’s aircraft/component, maintenance, overhaul, 
10

replacement, inspection, and life limit requirements set forth in the operating documents. 

Maintenance, inspection, alterations, and status of replacement/overhaul component parts will 

be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UA to service. The 

authorized person will make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections.

15. The UA will be operated within visual line of sight (VLOS) of the PIC and VO at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses. PIC and VO will at all times be able to communicate verbally. They will not 

be permitted to use electronic messaging or texting to communicate during flight operations. 

16. The PIC will not begin a flight unless (considering wind and forecast weather conditions) there 

is enough power to fly at normal cruising speed to the intended landing point and prepare to 

land with at least 25% battery power remaining.

17. Actual total flight time for each operational flight will result in no less than a 25% battery 

reserve.

18. The UA will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. 

19. The UA will be programmed so that if it loses communications or loses its GPS signal, it will 

return to a pre-determined location within the planned operating area and land or be recovered 

in accordance with the operating documents

20. If the UA and its radio control link disconnect during flight, the system’s failsafe protection 

will be triggered and the multirotor will return to home and land automatically, rather than 

flying off uncontrollably or landing at an unknown location.

21. The operating documents required under 14 CFR §§ 91.9 and 91.203 will be maintained and 

available to the PIC at the Ground Control Station of the UA any time the UA is operating. 

These documents will be made available to the Administrator or any law enforcement official 

upon request. If a discrepancy exists between the conditions and limitations in the exemption 

grant and the procedures outlined in the operating documents, the grant conditions and 

limitations will take precedence and will be followed. Otherwise, the petitioner will follow the 

procedures outlined in its operating documents. If it updates or revises its operating documents, 

it will present updated and revised documents to the Administrator upon request. If the 

petitioner determines that any update or revision would affect the basis upon which the FAA 

granted the exemption, then the Petitioner will petition for an amendment to the grant of 

exemption. 

22. Petitioner will obtain written and/or oral permission from the landowners/authorized agents of 

the landowners over which flights will be conducted.

23. Petitioner will obtain all required permissions and permits from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental 

agencies. 
11

24. UA operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations 

will be conducted under visual meteorological conditions (VMC). Flights will not be 

conducted under special visual flight rules (SVFR). 

25. The petitioner will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. 

Petitioner will request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 24 hours prior to the operation. All operations will be conducted in accordance 

with airspace requirements in the ATO issued COA, including class of airspace, and altitude 

level. 

26. The UA will not be operated within 5 nautical miles of tower-controlled airport reference point 

as denoted on a current FAA-published aeronautical chart unless a letter of agreement with 

that airport’s management has been obtained, and the operation is conducted in accordance 

with a NOTAM as required by the operator’s COA. Any letter of agreement with the airport 

management will be made available to the Administrator upon request. 

27. The UA will not be operated less than 500 feet below, or less than 2,000 feet horizontally from, 

a cloud or when visibility is less than 3 statute miles from the PIC. 

28. All operations shall be conducted in Class G airspace or as otherwise prescribed in an ATO 

issued COA. 

29. All aircraft operated in accordance with this exemption will be identified by serial number, 

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. 

30. Before conducting operations, petitioner will ensure that the radio frequency spectrum used 

for operation and control of the UA complies with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

31. The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times. 

32. The UA will not be operated by the PIC from any moving device or vehicle. 

33. Petitioner will conduct all flight operations at least 175 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless one of the following three conditions is met:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the 

UA and/or debris in the event of an accident. The petitioner will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 175 feet of the UA, the PIC 

will ensure that flight operations cease immediately.

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission and the PIC has made a safety 

assessment of the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a).
12

34. Petitioner will report any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Petitioner will report accidents to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

VI. Privacy

There is little concern that the proposed flights will cause invasions of privacy. All flights 

will occur over either (a) public rights of way where there is no expectation of privacy; or (b) over 

private property with permission of the landowner/authorized agent and consent of participating 

individuals.

If data collected is made available for public view, all images containing uninvolved 

persons will be blurred or blacked-out. No attempt will be made to identify any individuals filmed 

during the flights except in cases where they are trespassing upon or damaging customer property, 

or interfering with the petitioner’s or its customers’ operations.

VII. Public Interest and Safety

The planned UA use will increase ground safety for aerial cinematography operations. This 

type of data collection has previously been done by manned aircraft or by individuals on the 

ground. Both are more time consuming and are more expensive than using a UA. Use of manned 

aircraft poses enhanced risk to the pilot and onboard crew, who would be several hundred feet in 

the air. Additionally, manned aircraft carry highly flammable fuel. 

The enhanced safety and reduced environmental impact achieved using a UA and carrying 

no passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying 

crew in addition to flammable fuel, gives the FAA good cause to find that the UA operation 

enabled by this exemption is in the public interest.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security – provide more than adequate justification for the 

grant of the requested exemption allowing commercial operation of petitioner’s UA in the utility 

and infrastructure inspection industries, pursuant to Richter’s rules of operation.

The FAA has previously approved the Inspire 1 for similar commercial operations in the 

following Exemptions:

11279 (aerial photography);

11288 (aerial photography);

11313 (aerial cinematography and photography);

11359 (photography);

11336 (aerial photography);

11377 (aerial videography and cinematography); and

11385 (aerial videography and cinematography).
13

VIII. Regulations from Which Exemption is Requested

Appendix A: FARs as to which Richter wishes the same determination to be made as has 

been made previously.

FAR 

Provision

Applicable condition(s) in 

Section 5 of petition

FAA Exemption Decision

21(h) 1, 2, 3, 4, 5, 16, 25, 28, 29 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11111, 11110, 11114, 11136, 11138, 

11150, 11153, 11156, 11157, 11166, 11167, 11170, 

11171, 11172, 11174, 11176, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195

43.7 13, 14 No. 11208

43.11 12 No. 11208

45.11 29 No. 11208

45.27 29 No. 11188

45.29 29 Nos. 11136, 11157, 11170, 11185, 11193

61.23(a) and 

(c), 

61.101(e)(4) 

and (5), 

61.113(a), 

61.315(a),

7 See Appendix B for argument regarding why 

petitioner should be exempted from the sport pilot 

license requirement

91.7(a) 12 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 

11156, 11157, 11158, 11160, 11161, 11166, 11167, 

11170, 11171, 11172, 11174, 11177, 11178, 11184, 

11185, 11188, 11189, 11191, 11192, 11193, 11195, 

11204

91.9(b)(2) 22 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11111, 11112, 11114, 11136, 

11138, 11150, 11153, 11156, 11157, 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11111, 11112, 11114, 11136, 11138, 11150, 11153, 

11156, 11157, 11174, 11177, 11178, 11184, 11185,

11189, 11192, 11193, 11195

91.9(c) 30 Nos. 11136, 11170, 11171, 11174, 11185

91.103(b)(2) 3, 9, 15, 16, 17, 18, 19, 20 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11138, 11150, 11153, 11156, 11158, 

11160, 11161, 11166, 11167, 11171, 11172, 11176, 

11177, 11178, 11184, 11185, 11188, 11188, 11189, 

11191, 11192, 11193, 11195, 11204

91.105 6 No. 11185 

91.109 7, 8 Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11166, 11167, 11170, 11171, 

11174, 11177, 11184, 11185, 11189, 11191, 11192, 

11193, 11194, 11195, 11206, 11208
14

FAR 

Provision

Applicable condition(s) in 

Section 5 of petition

FAA Exemption Decision

91.113(b) 3, 31 No. 11238

91.119(c ) 4, 33 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11110, 11111, 11112, 11114, 11136, 

11138, 11150, 11153, 11156, 11160 11161, 11166, 

11167, 11170, 11171, 11172, 11174, 11176, 11178, 

11185, 11188, 11189, 11190, 11193

91.121 4 Nos. 11162, 11163, 11164, 11165, 11166, 111080, 

111109, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11174, 11176, 

11178, 11185, 11188, 11189, 11190, 11193

91.151(a) 16, 17 Nos. 11110, 11153, 11156, 11161; 111109, 11110, 

11112, 11136, 11138, 11150, 11153, 11156, 11160 

11161, 11166, 11167, 11170, 11171, 11172, 11174, 

11176, 11178, 11185, 11188, 11189, 11190, 11193

91.203 (a) 

and (b)

22 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11170, 11171, 11172, 11174, 11176,

11177, 11178, 11184, 11185, 11188, 11188,

11189, 11191, 11192, 11193, 11195

91.215 25, 26 No. 11185, 11195

91.403 12, 13, 14 No. 11185

91.405(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.407(a)(1) 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.409(a)(1) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204
15

FAR 

Provision

Applicable condition(s) in 

Section 5 of petition

FAA Exemption Decision

91.409(a)(2) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(a) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204

91.417(b) 12, 13, 14 Nos. 11062, 11063, 11064, 11065, 11066,

11067, 11080, 11109, 11110, 11111, 11112,

11114, 11136, 11138, 11150, 11153, 11156,

11157, 11158, 11160, 11161, 11166, 11167,

11170, 11171, 11172, 11174, 11176, 11177,

11178, 11184, 11185, 11188, 11188, 11189,

11191, 11192, 11193, 11195, 11204
16

Appendix B: Richter’s argument for exemption from 14 CFR §§ 61.23(a) and (c), 

61.101(e)(4) and (5), 61.113(a), 61.315(a).

Richter requests an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 

61.113(a), 61.315(a), so that the PIC of the UA will not be required to possess any pilot license 

(sports, recreational, private or commercial). As the FAA and numerous other national airspace 

regulators have recognized, UA operations conducted by persons who do not hold a pilot’s license 

can still achieve the equivalent level of safety of current operations by manned aircraft with pilots 

holding any level of pilot’s license. 

Although it recognizes that a pilot’s license is unnecessary for safe UA operation, the FAA 

has to date declined to allow grant exemptions under Section 333 that would permit individuals 

who possess any pilot license (sports, recreational, private or commercial) to conduct commercial 

UA operations. It has specified two reasons for declining to do so. First, it has stated that it does 

not possess the authority under Section 333 to exempt individuals from the requirement under 49 

U.S.C. §44711 to hold an airman certificate authorizing the airman to serve in the capacity for 

which the certificate was issued. Exemption No. 11110 at 14. Second, the FAA has concluded that 

the Department of Homeland Security (DHS) security screening required of all certified airmen 

meets the statutory requirement in Section 333 that operations not pose a threat to national security. 

Exemption No. 11110 at 15.

Richter respectfully requests that the FAA reconsider its position. There is no dispute that 

it is unnecessary for an operator of a UA to go through the rigorous process of becoming a certified 

pilot in order to safely operate a UA. In addition, the FAA does have the authority to exempt UA 

operators from the requirement in 49 U.S.C. §44711to hold an airman certificate for “serv[ing] in 

the capacity for which the certificate was issued.” Indeed, it has exercised that authority repeatedly 

in the Section 333 process. Finally, the FAA’s security concerns can be addressed by a variety of 

methods involving operator background checks to be conducted by government agencies. 

1. The FAA and foreign regulators recognize that obtaining a manned aircraft 

pilot license is unnecessary for safe operation of a UA.

The FAA, like the other national airspace regulators that have considered the issue, has 

concluded that UA operations conducted by persons who do not hold a pilot’s license can still 

achieve the equivalent level of safety of current operations by manned aircraft with pilots holding

any level of pilot’s license. In its recent UAS NPRM, the FAA stated:

“While these airman certification requirements are necessary for 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 learning how to operate a manned aircraft. Much of that knowledge would not 

be applicable to small UAS operations because a small UAS is operated differently 

than manned aircraft. In addition, the knowledge currently necessary to obtain a 

private or commercial pilot certificate would not equip the certificate holder with 

the tools necessary to safely operate a small UAS... Thus, requiring persons 

wishing to operate a small UAS to obtain a private or commercial pilot certificate 

imposes the cost of certification on those persons, but does not result in a significant 

safety benefit because the process of obtaining the certificate does not equip those 

persons with the tools necessary to mitigate the public risk posed by small UAS 
17

operations.” Operation and Certification of Small Unmanned Aircraft, 80 Fed. Reg. 

9543 at 9550 (proposed Feb. 23, 2015 (to be codified at 14 C.F.R. Parts 21, 43, 45, 

et al.).

The FAA’s conclusion that manned aircraft flying experience is unnecessary for the 

operation of a UA is supported by research by the FAA and the Army Research Laboratory. They 

demonstrate that UAs, even those much larger than the UAs proposed by petitioner, can be safely 

flown by non-certificated pilots with a small amount of training. For example, one Army Research 

Laboratory study concluded: 

"[T]he specific motor skills needed to control the radio-controlled UAV would have 

to be learned by aviators independently of the motor skills learned in flying an 

aircraft. In particular, the somatic and visual cues that pilots use during aircraft 

landings would not be useful (and perhaps even counter-productive) for the 

different skill sets and perceptual viewpoint necessary for radio-controlled 

landings.”1

Additional research reports lend further support for the exclusion requested. For example, 

a report sponsored by the FAA concluded that "We know that certain systems, like the U.S. Army 

Hunter and Shadow systems, are successfully flown by pilots with no manned aircraft 

experience."2

In addition, foreign government airspace regulators that have examined the issue have 

consistently recognized that the skills required to fly a manned aircraft are irrelevant to operating 

a UA. For that reason, they have concluded that UA operators do not need to have a private or 

commercial pilot’s license. Canada, for example, does not require a pilot’s license to operate a 

UA. Transport Canada requires training of UA operators, but that training is limited to pilot ground 

school and flight operation training on UAs, not manned aircraft.3 Moreover, Canada allows this 

training to be “provided by other pilots, manufacturers, [UA] flight training organizations or . . . 

self taught.” 4

 1 Michael J. Barnes, Beverly G. Knapp, Barry W. Tillman, Brett A. Walters & Darlene Veliki, 

Crew systems analysis of unmanned aerial vehicle (UAV) future job and tasking environments,

Technical Report ARL-TR-2081, Aberdeen Proving Ground, MD: Army Research Laboratory, 

page 12 (2000), available at http://www.dtic.mil/dtic/tr/fulltext/u2/a374230.pdf. 2 Kevin W. Williams, Unmanned Aircraft Pilot Medical Certification Requirements, Report 

DOT/FAA/AM-07/3, FAA Civil Aerospace Medical Institute, page 2, (2007), available at 

http://fas.org/irp/program/collect/ua-pilot.pdf. While the authors speculated that UA use in 

populated areas may change this assessment, indicating further research was needed to address 

this concern, this concern is inapplicable as petitioner’s flights will not be in congested areas. See 

also Jason S. McCarley & Christopher D. Wickens, Human Factors Implications of UAVs in the 

National Airspace, Institute of Aviation, Aviation Human Factors Division, University of Illinois 

at Urbana-Champaign, 13 (2004), available at

http://www.tc.faa.gov/logistics/grants/pdf/2004/04-G-032.pdf. 3 See Civil Aviation, Standards, Transport Canada, Advisory Circular: Guidance Material for 

Operating Unmanned Air Vehicle Systems under an Exemption at 14 and 18-22, (Nov. 27, 2014) 

available at http://www.tc.gc.ca/media/documents/ca-opssvs/ac-600-004.pdf. 4 Id. at 14.
18

Similarly, the United Kingdom’s Civil Aviation Authority (CAA) recognized that 

determining “Remote Pilot qualification requirements on the same basis as manned aircraft may 

yield requirements that are too inflexible, too onerous and inappropriate for UAS operations.”5

 As 

a result, the CAA only requires UA operators to demonstrate UA operator competence.6 While 

there are a variety of ways to demonstrate competence, the most common is to complete a course 

that will lead to a ground exam and flight test. Australia, too, requires only passage of a UAspecific ground school program in lieu of a manned airman certificate.7 Finally, more than a dozen 

countries, including Germany, Italy, France, Spain and the Netherlands, have adopted the National 

UAS Certificate for Small Unmanned Aircraft (BNUC-S) Standard for UA pilot certification.8

This standard results in a type-specific UA certificate and does not require the operator to have a 

pilot’s license. The process involves taking a short ground school course, passing a ground school 

test and then passing a practical test on commercial operation of the specific UA per the UA 

manufacturer’s operations manual. 

All of this experience and evidence indicates that the proposed exemption will provide a 

greater level of safety than operations under 14 C.F.R. §61.113. In this instance, the PICs will have 

gone through training as described above in Section III B. This training and education is focused 

on UAs generally, and in particular on the aircraft to be operated, rather than taking additional 

time and risk to train on a manned aircraft, weighing several thousand pounds and carrying highly 

flammable fuel.

The FAA has concluded in the NPRM that such UA-specific training is more than 

sufficient to provide an equivalent level of safety for UA operations. Sometime in the next 18-24 

months, that position will be enshrined in a valid regulation. However, in the meantime, the FAA 

claims it lacks the authority to relax the requirement to possess a pilot certificate. As we show in 

the next section, that position is both incorrect and contradicted by the FAA’s recent decisions.

2. The FAA does have, and has already, exercised the authority to exempt petitioners 

from the airman certificate requirement.

The FAA claims that it lacks authority to exempt UA operators from the requirement of 49 

U.S. §44711 to hold an airman certificate authorizing the airman “to serve in the capacity for which 

the certificate was issued.” See, e.g., Exemption No. 11110 at 14. This claim is inconsistent with 

both (i) the statutory language of that section and Section 333, and (ii) numerous recent FAA 

decisions.

The operative part of 49 USC §44711 provides that a “person may not . . . serve in any 

capacity as an airman with respect to a civil aircraft, . . . used, or intended for use, in air commerce 

— (A) without an airman certificate authorizing the airman to serve in the capacity for which the 

 5 Civil Aviation Authority, Safety Regulation Group, Unmanned Aircraft System Operations in 

UK Airspace – Guidance, Section 2, Chapter 5, Page 2 (Aug. 10, 2012), available at

https://www.caa.co.uk/docs/33/CAP722.pdf. 6 Civil Aviation Authority, Unmanned Aircraft and Aircraft Systems, available at

http://www.caa.co.uk/default.aspx?catid=1995&pagetype=90. 7 Australian Government Civil Aviation Safety Authority, available at

http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_100374. 8 See EuroUSC International, “Pilot Qualification,” available at

http://eurousc.com/services/pilot-qualifications/.
19

certificate was issued . . . “ If the FAA’s interpretation were correct, this language would require 

that any person wishing to operate a UA for commercial operations have an airman certificate 

authorizing the person to serve as an airman in commercial operations. 

However, in all of its recent grants of Section 333 petitions, the FAA has – without 

explicitly acknowledging the fact - exempted commercial UA operators from the §44711(A) 

requirement that they hold an airman certificate authorizing them “to serve in the capacity for 

which the certificate was issued.” It has done so by allowing them to operate UA so long as they 

hold a private pilot’s or sport pilot’s authorization, even though such a certificate does not permit 

commercial operations. Exemption No. 11062 at 15-18; Exemption No. 11110 at 14-16; 

Exemption No. 11191 at 3-5; and Exemption No. 11229 at 3 and 8.

The FAA argues that it cannot exempt petitioners from the requirements of §44711 

because, while the specific language of Section 333 grants it limited statutory flexibility relative 

to 49 U.S.C. §44704 for the purposes of airworthiness certification, Section 333 does not provide 

flexibility relative to §44711 and other sections of Title 49. Exemption No. 11110 at 14. This 

argument ignores the plain language of Section 333. The relevant language of Section 333 is:

(a) IN GENERAL.—Notwithstanding any other requirement of this subtitle, and 

not later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation shall determine if certain unmanned aircraft systems may operate 

safely in the national airspace system before completion of the plan and rulemaking 

required by section 332 of this Act or the guidance required by section 334 of this 

Act.

(b) ASSESSMENT OF UNMANNED AIRCRAFT SYSTEMS.—In making the 

determination under subsection (a), the Secretary shall determine, at a minimum—

(1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, and 

operation within visual line of sight do not create a hazard to users of the national 

airspace system or the public or pose a threat to national security; and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1).

(c) REQUIREMENTS FOR SAFE OPERATION.—If the Secretary determines 

under this section that certain unmanned aircraft systems may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft systems in the national airspace system.

The language of Section 333(b) is permissive: it requires that the Secretary “determine, at 

a minimum . . . whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the operation of 

unmanned aircraft systems identified under paragraph (1).” Nothing in (b) precludes the Secretary 

from determining whether or not a pilot’s license is required for operation of a UA identified under 

paragraph (b)(1).
20

Indeed, the FAA has implicitly conceded the point by granting exemptions from the 

requirement that commercial UA operators hold a commercial pilot certificate. From an analytical 

standpoint, there is no difference between granting an exemption from the commercial pilot’s 

license requirement and granting an exemption from the private or sport pilot’s license 

requirement. Both are clearly exemptions from a specific statutory requirement in 49 U.S.C. 

§44711. If the FAA has the statutory authority under Section 333(b) to do the former, it has the 

same authority to do the latter.9

 9 The FAA has not specifically identified the statutory provision that underpins its authority to 

grant the exemptions from the commercial pilot’s license requirement. Whether the statutory basis 

is Section 333 or some other provision makes no difference. If there is a basis for a partial 

exemption from in 49 U.S.C. § 44711, that basis also justifies an exemption from the entire 

provision.