U.S. Deportment 

or Transportation 

Federal Aviation 

Administration 

OCT Z 1 2015 

Mr. Paul G. Applewhite 

Applewhite Aero 

P.O. Box 46955 

Seattle, W A 98146 

Dear Mr. Applewhite: 

800 Independence Ave . S w 

Washington. DC 20591 

This is in response to your docket submission letter dated September 17, 2015 (public docket 

No. FAA-2013-0654) petitioning the Federal Aviation Administration on behalf of 

Applewhite Aero for an extension to its current exemption (Exemption No.1 0869) from 

§§ 91.9(b), and 91.203(a) and (b) of Title 14, Code of Federal Regulations (CFR), allowing 

Applewhite Aero to operate its unmanned aircraft systems (UAS) that do not carry and display 

the aircraft's airworthiness, certification, and registration documents required under pati 91. 

On August 8, 2014, the FAA Office of Chief Counsel issued a legal interpretation relating to 

the requirements under§§ 91.9 and 91.203 to keep the aircraft's airworthiness, certification, 

and registration documents on board the aircraft. The FAA determined that maintaining these 

documents at the pilot's control station would meet the intent of the rule as the pilot would be 

able to produce the documents for his or her own information or to an FAA inspector. A copy 

of this interpretation is enclosed for your information. It can also be found at 

http://www.faa.gov/about/ollice erg/headquarters offices/age/pol adjudication/agc200 

under "Legal Interpretations & Chief Counsel's Opinions." 

Because the relief you seek is now covered under this interpretation, we will take no further 

action on your petition. 

Sincerely, 

~~e-z - William Crozie-;;;-

Assistant Manager 

UAS Integration Office 

AFS-15-4023-E 
ProjectNo.: AFS-15-4023-E 

Project Officer: 

_ ____ _ 

ARM-101 :KJones:

1

0

/

6/2015:Doc# 49495 

ARM

-1/l 00

/ 1 05:Program Office AFS-80 

MR. J> AUL G. APPLEWHITE 

APPLEWHITE AERO 

P.O. BOX 46955 

SEATTLE, WA 98146 

2 
Federal Aviation 

Administration 

Memorandum 

Dale: 

To: 

From: 

Prepared by: 

Subject: 

AUG -8 20t4 

John Dnnean, Director, Flight StandaMs Service, AFS-1 ~ •. ,/ 

Mark W. Bury, Asststant ClucfCounsel for lnternatiOna·t /{1':-f::Cg,~arot and 

Regulations, AGC-200 

Dean E. Griffith, Attorney, AGC-220 

interpretation regarding whether certain required documents may be kept at an 

unmnnncd airc;·aft's control station. 

This memorandum addresses whether the pilot of an unmanned aircraft may keep airworthiness 

certificates, aircraft manuals, and aircraft registration certificates nt the munanncd aircraft's 

ground control station and satisfy the regulatory requirements of secti ons 91.9(b), 91.203(a) and 

(b), 47 .3(b)(2), and 47.31 (c) of Title 14, Code of Federal Regulations. This question has been 

brought to our attention because of the impracticality of placing these documents on a small 

aircraft with no pilot on board. As discussed below, we find that the intent of these regulations is 

met if the pilot of the unmanned aircraft has access to these documents at the control station from 

which he or she is operating the nircraft. 

Section 91.9(b) prohibits operation of U.S.-rcgistered civil aircrnfl unless "there is available in 

the aircraft" an Airplane or Roton:raft Flight Manual or oth~::r lllntcrial, markings and placnrds. 

The FAA stated that the purpose of this rule is to "insure that the information is readily available 

to the pilot" for usc during operations. See 40 feel. Reg. 24665 (June 9, 1975), 37 Fed. Reg. 

20022 (Sept. 23, 1972). The text o[ the rule and preamble to subsequent revisions of the rule 

confirm the intent that the pilot is to have access to the material during flight. Accordingly, we 

find that the intent of the rule is met if the information is maintained at the pilot's control station 

such that it is available to the pilot. 

Section 9 1.203(a) prohibits operation of n civil aircraft "unless it has within it" an appropriate 

and current airworthiness certificate and the aircraft's registration certilication. Section 

91.203(b) requires that the airworthiness ccrti ficate be "displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew." Simil:lrly, sections 47.3(b)(2) and 47.31(e) allow an 

applicant for aircraft registration to carry "in the aircraft" the second copy oft he registration 

application as temporary authority to operate without registration. These documents demonstrate 

that the aircraft is appropriately certificated and registered, or is in the process of being 

registered. Additionally, the FAA has previously addressed the requirement to display the 
2 

airworthiness certificate nnd found that the n:gulation permits displaying the certificate so that it 

is only legible to the flight crew even if not legible to passengers. See Legal Interpretation to 

Leonard A. Ceruzzi, fi·orn Donald P. Bymc, Acting Assistant Chief Counsel, Regulations and 

Enforcement Division (Aug. 7, 1990). ;\ccordingly, we find that maintaining these documents at 

the pilot's control station would meet the intl!nt of the rule as the pilot would be able to product: 

the documents for his or her own information or to an FAA inspector. 

We note that this memorandum is to be narrowly construed to tHmHmned aircraft systcms and is 

not intended to apply to operation of manned aircraft or optionally piloted aircraft with a pilot on 

board.