Copters 4 College 

David J. VanDenBerghe, PS, CfedS 

1160 Grovenburg Road 

Holt, Michigan 48842 

(517) 204-8755 

djv@geodeticdesigns.com 

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. 

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, Copters 4 College (an operator of Small Unmanned Aircraft 

Systems (“sUAs”) used for real estate photography and Land Surveying), files this petition for 

exemption. 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. Additionally, this petition should be eligible for the summary grant 

because of the voluntary altitude restriction to 200 feet above ground level (AGL). 

Approval of the exemption for petitioner will allow commercial operation of the DJI Phantom 3 

Advanced for real estate photography and Land Surveying in Class G airspace nationwide, or as 

otherwise prescribed by an Air Traffic Organization (ATO) issued COA. The UA covered by 

this petition is a small battery-powered craft, weighing approximately 2.87 lbs., inclusive of 

battery and payload. 

Operation of the UAs 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 take aerial 

photography of real estate and land surveying projects. The substantial increase of safety and 

decrease of risk to human life and to property weighs heavily in favor of granting the exemption. 
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 CFR 61.23(a) and (c); 14 CFR 61.101(e)(4) and (5) 14 CFR 

61.113(a); 14 CFR 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. 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 (a)(2); and 14 C.F.R. 91.417(a) and (b) to 

operate commercially a small unmanned aircraft system (UA) to operate 

commercially a small unmanned aircraft system (UA) (2.74 lbs. or less). 

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

Phantom 3 Advanced for real estate photography and land surveying in Class G airspace 

nationwide, or as otherwise prescribed by an Air Traffic Organization (ATO) issued COA. The 

requested exemption should be granted because operation of small UAs, weighing approximately 

and 2.87 lbs. 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, trees, infrastructure, 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 in order 

to more safely and efficiently conduct inspections that would otherwise involve a risk of death to 

the inspectors. 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. 

Proposed Operations 

A. The UA 

The requested exemption will permit petitioner to operate the DJI Phantom 3 Advanced. Please 

refer to the end of this letter for further information about this system. 

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 UA generally and received up-to-date information on the 

UA to be operated pursuant to this grant. The PIC will have completed, at a minimum, 20 hours 

of UA flight training with this specific UA prior to operations, and will be required to participate 

in annual training thereafter. 
The specific conditions of the proposed exemption that relate to the training and characteristics 

of the crew are numbers 6-10 in Section V below. Each has been adopted or imposed by the 

FAA in numerous previous grants of Section 333 exemption petitions. 

C. Flight Conditions 

The UA will be used to take real estate photography nationwide. It will be flown in Class 

G airspace under 200 feet above ground level (“AGL”) and under controlled conditions over 

property that is restricted. 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. 

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

which the UA will be operated are numbers 27, 28, 29, and 34 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 every UA flight will be to safely, accurately, and efficiently take aerial 

photography for real estate and land surveying. 

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

numbers 2, 3, 11-18, 22-24, 26, 32, 33, 35, and 36 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 an 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 will weigh 2.87 lbs. 

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

of commercial real estate photography and land surveying. 

3. Flights will be operated within line of sight of the 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 30 knots. 

6. Minimum flight crew for each operation will consist of the UA pilot in command (PIC) and a 

visual observer (VO). 

7. The PIC will have, at minimum, 20 hours of training on the UA to be operated under this 

grant before accepting 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, 

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 land 

the UA with 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 multi rotor 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. 

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 48 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 an 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 500 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 500 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). 

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 

UA 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 because all 

flights will occur over private property with the landowner’s/authorized agent’s permission. 

When the UA is being flown, the onboard cameras will be focused on the specific property and 

thus turned so as to be facing away from any occupied structures that may be in the area to 

minimize inadvertent video or still images of uninvolved persons. 

VII. Public Interest and Safety 

The planned UA use will increase ground safety for real estate photography. The 

enhanced safety and reduced environmental impact achieved using a 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 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 

purposes of commercial real estate photography and land surveying. The FAA has previously 

approved members of the DJI Phantom family for real estate photography in Exemption Nos. 

11191, 11195, 11271, 11295, 11300, and 11318. 

The small weight of the Phantom UA family, ranging from 2.2 lbs. to 2.74 lbs. (1 kg. to 

1.24 kg.), is less than the size envisioned in Section 334(c)(2)(C) of the FAA Modernization and 

Reform Act of 2012, which allows government agencies “to operate unmanned aircraft weighing 

4.4 pounds or less, if operated – 

 i. within the line of sight of the operator; 

 ii. less than 400 feet above the ground; 

 iii. during daylight conditions; 

 iv. within Class G airspace; and 

 v. outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or 

 other location with aviation activities.” 

Congress’s determination that government agencies should be allowed to operate such 

aircraft in these situations, with no further restrictions on location, population density, or pilot 

experience and training, indicates that Congress did not believe that aircraft of this size and 

weight warranted additional attention.

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

61.315(a). 

Copters 4 College 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. 
 Copters 4 College 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 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 TourFactory, 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 TourFactory’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. 
 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 

UA-specific 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. 

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/. 
 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 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). 

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 

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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.