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SHAK CINEMA . PETITION FOR EXEMP TION TO OPERATE SMAL L UAS

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

- 4246 daryl@darylcrouse.com Before the

FEDERAL AVIATION ADM INISTRATION

Washington, DC

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

I. SUMMARY

SHAK CINEMA ., a California company (" Shak Cinema "), located at 17 Le Mans, Newport Coast, CA 92657 seeks authority to commercially operate a unmanned aircraft system fleet pursuant to Federal Aviation Regulations (14 C.F.R. § 1.61) and Section 333 of the FAA Modernization and Reform Act of 2012, Special Rules for Certain Unmanned Aircraft Systems

. Shak Cinema also seeks exemption from the requirements of certain provisions of 14 C.F.R. Parts 21, 36, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 91.9 (b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). The proposed exemptions, if granted, would allow Shak Cinema to conduct commercial operations of small unmanned aircraft systems (“UAS”) weighing 55 pounds or less.

II. BACKGROUND1

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### Shak Cinema is dedicated to creating the h ighest quality cinematography and still

shots . Consistent with Congressional intent in enacting Section 222, Shak Cinema seeks to utilize remote flying and viewing technology to achieve new heights of creativity and production cost savings. Shak Cinema seeks the requested exemptions and a Certificate of Authorization permitting Shak Cinema to offer a suite of services, such as:

Aerial photography and a erial data collection

. III. STATUTORY AUTHORITY Section 333, Special Rules for Certain Unmanned Aircraft Systems , provides a procedure for seeking expedited FAA authorization for UAS operations in the NAS. Subpart A states the FAA “shall determine if certain unmanned aircraft systems may operate safely in the national airspace system before completion of the plan and rulemaking required by 332(b)(1) of this act or the guidance required by section 334 of this Act.” In Section 332(b)(1), Congress made it clear that section 333 provides a procedure for “exp edited operational authorization.” Section 333(b) identifies factors that the FAA should consider in determining whether commercial US operations should be approved when, “as a result of their size, weight, speed, operational capability, proximity to airpo rts and populated areas, and operation within the visual line of sight do not create a hazard to users of the [NAS] or the public or pose a threat to national security.” In addition, Section 44701(f) confers a general authority to grant exemptions from the FAA’s safety regulations and minimum standards when the administrator decides a requested exemption is in the public interest.

IV. SHAK CINEMA EXEMPTIONS REQUESTED1

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SHAK CINEMA . PETITION FOR EXEMP TION TO OPERATE SMAL L UAS

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### Shak Cinema requests relief from:

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

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

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

limitations. 14 C.F.R. Part 61.113(a) and (b) prescribes private pilot privileges and limitations. 14 C.F.R. Part 61.133(b) prescribes comme rcial pilot privileges and limitations. 14 C.F.R. Part 91.7(a) prescribes, in pertinent part, that no person may operate a civil aircraft unless it is in an airworthy condition. 14 C.F.R. Part 91.9 (b)(2) prohibits operation of US registered civil aircraft unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and records, or any combination thereof. 14 C.F.R. Part 91.103(b)(1) prescribes, in pertinent part, that each pilot in c ommand shell, before beginning a flight, become familiar with all available information concerning that flight, include, “for any flight, runway lengths at airports of intended use, and the following1

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### takeoff and landing distance:... For civil aircraft forwar ds and approved Airplane or Rotorcraft Flight Manual containing takeoff and landing distance data is required, the takeoff and landing

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

14 C.F.R. Part 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising altitude by reference to an altimeter that is set “to the elevation of the departure airport or an approp riate ultimate setting available before departure.”

14 C.F.R. Part 91.151 prescribes that no person may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first po int of intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at least 30 minutes; or (2) at night, to fly after that for at

least 45 minutes. 14 C.F.R. Part 91.203(a) and (b) prohibits, in subpart (a), any person o perating a civil aircraft unless it has within it (1) an appropriate concurrent airworthiness certificate; and (2) an effective US registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft Regi stration Application as provided for in §43.3 7(c). Section 91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless and1

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### airworthiness certificate or a special flight authorization issued under §91.715 legible to

passengers or crew is displayed at the capital cockpit. 14 C.F.R. Part 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone maintenance, inventive maintenance, rebuilding, or alteration unless it has been approved for retur n to service by a person authorized under §43.7 of the same chapter. 14 C.F.R. Part 91.409(a)(1) and (2) prescribes, in pertinent part, that no person may operate aircraft unless, within the preceding 12 calendar months, it has had an inspection for

the is suance of an airworthiness certificate in accordance with part 21 of this chapter. 14 C.F.R. Part 91.417(a) and (b) prescribes, in pertinent part, that each registered owner or operator shall keep the following records for the periods specified in paragrap h (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and

records of the 100

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

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

status of l ife

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be1

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### overhauled on a specified time basis, (iv) the current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained, and (v) The current status of applicable airworthiness directives (AD) and safety directives including, fo r each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required, and (vi) copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances. The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. The records specified in paragraph (a)(2) of this section shall be retained and transferred with

the aircraft at the time the aircraft is sold. A list of defects furnished to a registered owner or operator under §43. 11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to

service.

V. SHAK CINEMA ’S OPERATIONS SATISFY SECTION 333 REQUIREMENTS

a. Shak Cinema ’s UAS Fleet

Shak Cinema proposes to operate t hree small UAS under this exemption.

Phantom 3

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

- rotor unmanned aircraft and two handheld ground1

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### control stations. The DJI Phantom 3 ha s a maximum gross weight of approximately 2.821

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

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

- rotor unmanned aircraft and two handhel d ground control stations. The DJI Inspire has a maximum gross weight of approximately 6.5 pounds, diagonal wheelbase of 22.88 inches, and height of approximately 11.85 inches. The DJI

I nspire is equipped with four rotors driven by four lithium polymer batt ery powered electric motors. Design and operational characteristics are provided in DJI Inspire Operating Manual (Page 57). DJI S 1000

Shak Cinema seeks an exemption to operate a DJI S 10 00 for compensation or hire. The DJI S 10 00 is comprised of a multi

- rotor unmanned aircraft and a handhel d ground control stations. The DJI S 10 00 has a maximum gross weight of approximately 9.25 pounds, diagonal

wheelbase of 41.14 inches, and height of approximately 12 inches. The DJI

- S1000 is equipped

with e ight rotors driven by e ight lithium polymer batt ery powered electric motors. Design and operational characteristics are provided in DJI S 1000 Operating Manual (Page 3 ).

b. Pilot In Command (PIC) and Operations1

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### All Shak Cinema Flight Crews, including PIC and Visual Observers (VO), will be qualified as di rected by FAA and Shak Cinema Standard Operating Procedure (SOP). All flight crewmembers, including PIC and VO, will have an understanding of, and comply with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, applicable to th e airspace where the UAS will operate. Specifically all flight crew members will receive training on the rules and responsibilities described in 14 CFR Part 91 Sections 91.111, 91.113 and 91.115 regarding cloud clearance, flight visibility and the pilot co ntroller glossary, including standard ATC phraseology and communication. The PIC must possess at least a current private pilot certificate and third class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR

Secti on 61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. Prior to operations, the PIC must have accumulated and logged, in a manner consistent with 14 CFR Section 61.51(b), a minimum of 25 hours of total time as a UAS pilot and at l east ten hours logged as a UAS pilot with similar UAS type (fixed wing or rotary). Prior documented flight experience that was obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and experience building f lights are requested to be conducted under this grant of exception to accomplish the required flight cycles and flight time. During training, proficiency, and experience building flights, all persons not essential for flight operations will be considered n on - participants and the PIC will operate the UAS with appropriate distance from non

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

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

The multi

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

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

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

c. Shak Cinema ’s UAS Operating Parameters The UAS operated in accordance with this proposed e xemption shall be identified by serial numbers, registered in accordance with 14 CFR part 47, and have identification (N

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

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### The UAS documents required und er 14 CFR 91.9 and 91.203 shall be available to the PIC at the Ground Control Station of the UAS anytime the aircraft is operating. Those documents shall be available to the Administrator or any law enforcement official upon

request. Any UAS incidents, acc idents or flight operations that transgress the lateral or vertical boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents shall be reported to the

Natio nal Transportation Safety Board (NTSB) per instructions contained on the NTSB Web

site: www.ntsb.gov

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

91. The UAS shall not be operated over congested or densely populated areas. These areas include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC),

Sectio nal Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). Each work site

will also be evaluated based on local conditions. Operations of UAS may be conducted at distances less than 500 feet from participating persons, vessels, vehicles or struct ures that perform an essential function in connection with these special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees and essential persons are permitted when operationally necessary; but never so close

to present an undue hazard. This is consistent with Exemption No. 11138.1

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### Operations of UAS may be conducted at distances less than 500 feet from unoccupied vessels, vehicles or structures owned by the land owner/controller when the land owner/controller grants such permission, and the PIC makes a safety assessment of the risk from operations and determines that it does not present an undue hazard to persons or property. This is consistent with Exemption No. 11138. Flight operations will be conducted at least 500 feet from all nonparticipating persons unless barriers or structures are present that sufficiently protect nonparticipating persons from the UAS and/or debris in the event of an accident. Shak Cinema shall 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 UAS, flight operations will cease immediately. This is consistent with Exemption No. 11138. All operations of UAS shall be conducted wit h the permission from the land owner/controller or authorized representative. Permission from the land owner/controller or authorized representative will be obtained for each flight to be conducted. The UAS will not operate within 5 nautical miles of an ai rport reference point as

denoted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement with the airport management will be made available to the Administrator upon request. This is consistent with Exemption No 11159.1

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### The UAS must be operated within VLOS of the PIC and VO at all times. This requires

the PIC to be able to use huma n vision to see the UAS unaided by any device other than corrective lenses, as specified on the PIC’s FAA issued medical certificate. All UAS operations must utilize a VO. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintai ns VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC and VO 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 functions prescribed in Shak Cinema ’s SOP. The UAS will not be operated by the PIC from any moving device or vehicle. Operations will not be conducted during night as defined in 14 CFR 1.1.

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

Shak Cinema ’s operations do not re quire a notification to Flight Standards District Offices (FSDOs).

Shak Cinema shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this requested grant of exemption. Ad ditionally, Shak Cinema will request a Notice to Airmen (NOTAM) not more than 72 hours, but not less than 48 hours prior to the operation. Prior to operations conducted for the purpose of precision agriculture (or similar operations), the PIC must have ac cumulated and logged in a manner consistent with 14 CFR1

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### Section 61.51(b), a minimum of five hours as a UAS PIC operating the make and model of the UAS to be utilized for operations under this requested exemption, and three take

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

- building, and take

- off and landing currency flights are requested to be conducted under this grant of exemption to accomplish the required flight time and 90 day currency. During training, proficiency,

expe rience building, and take

- off and landing currency flights all personnel not essential for flight operations are considered nonparticipants, and the PIC must operate the UAS with appropriate distance from nonparticipants in accordance with 14 CFR Section 9 1.119. All operations must utilize a VO. The VO may be used to satisfy the Visual Line of Sight (VLOS) requirement as long as the PIC always maintain VLOS capability. The VO and PIC must be able to communicate verbally at all times. This condition and lim itation is consistent with all FAA approved Exemptions.

VI. Shak Cinema ’s Requested Exemption Promotes the Public Interest Granting Shak Cinema ’s petition for exemption will further the public interest because

Shak Cinema seeks to perform necessary and vital services for public and private organizations. Such services include research, education, agricultural, search and rescue. The

Shak Cinema unmanned aircraft fleet are battery

- powered UAS that serve as a safe, efficient , and economical alternative to the demand aircraft traditionally utilized in obtaining aerial imagery within these industries. An exemption allowing Shak Cinema ’s UAS fleet to operate would reduce the amount of manned aircraft operating in the NAS, reduce noise and air pollution. In addition, the safety of life and property both in the air and on the ground would be improved.1

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### By reducing the number of manned aircraft operating in the NAS airport congestion caused by arriving and departing aircraft will be reduced. The Shak Cinema UIS fleet does not require an airport to take off or land. A reduction of manned aircraft conducting aerial imagery flights would mean air traffic control handling less traffic during the ground, takeoff, departure, arrival and la nding phases of flight operations. Aerial imagery missions using the Shak Cinema UAS fleet, instead of manned aircraft, benefits the public by drastically reducing air and noise pollution generated during manned aircraft operations. The Shak Cinema UAS fl eet, a battery powered electric motor, is the most viable environmentally conscious alternative to internal combustion aircraft. The maximum gross weight of 5 pounds per UAS has less physical mass for collateral damage to life and property whether on the g round or in the air.

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

because Shak Cinema will keep the approved Airplane Flight Manual at the ground control station where the pilot in command will have immediate access to the document. Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely af

fected when the approved Aircraft Flight Manual is kept at the ground control station of a UAS, where it can be immediately accessed by the pilot in command. Section 91.9(b) “requires aircraft to carry the flight manual so the pilot would have ready

access to the aircraft limitations while in flight.” Exemption No. 8607. However, the FAA has1

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### also found that UAS will always be operated without any passengers or crew onboard, and that “requiring these special

- use aircraft [UAS] to carry superfluous paper docu ments may present a safety hazard to the integrity of the [UAS].” Id. The FAA has previously granted exemptions in circumstances similar, in all material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 9564, 95 65, 10167, 10602, 10673, 10835, 10869, 10968).

b. Exemption From The Requirements Of Section 91.203(a) and (b) Would Not Adversely Affect Safety This exemption would maintain the level of safety established by Sections 91.203(a) and (b) because Shak Cinema wi ll keep the required documents at the ground control station where the pilot in command will have immediate access. Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish that safety is not adversely affected when the Airwor thiness Certificate and U.S. registration certificate are kept at the ground control station of the UAS, where it can be immediately accessed by the pilot in command. Specifically, the FAA has held that the intent of Sections 91.203(a) and (b) is better se rved by having the required documents in the control of the UAS operator (pilot in command), reasoning as follows: “The original intent of the subject regulation was to display the airworthiness and registration documents so they would be easily available to FAA inspectors and passengers for inspection and verification of the airworthiness and registration of the aircraft . . . In this case, the aircraft will always be operated without any passengers or crew.”1

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### The missions for which UASs are intended will prevent the need for aircraft normally prescribed for civil aircraft. Further, it will be operated on strictly confined missions from a known departure and arrival point, under the constant control of a pilot

- in

- command. Requiring these special

- use aircraf t to carry superfluous paper documents may present a safety hazard to the integrity of the [UAS]. FAA operating limitations and special arrangements with Air Traffic Control (ATC) for surveillance of [UAS] flights adequately compensate for the requirement s for carrying airworthiness and registration documents. The intent of the regulation is better served by having the required documents in the control of the aircraft operator and available for inspection under the special conditions prescribed in this

exe mption. The FAA has previously granted exemptions in circumstances similar, in all material respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

VII. CONCLUSION

As set forth ab ove, Shak Cinema seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of the Shak Cinema UAS fleet commercially, without an airworthiness certificate, for the pur poses described above. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, and the public, by allowing Shak Cinema to safely, efficiently, and economically operate t he UAS fleet commercially within the NAS.1

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

Dated this 23 August 2015

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Daryl G. Crouse, Esq.