# Richard	T.	Britt	Jr. 19231 Se 23rd Place Morriston , FL 32668 RTBrittJr@UAVideoCreations.com

352
- 615
- 0778 Hon. Michael Huerta Administrator Federal Avi ation Administration U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Re: Request for Exemption under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from certain parts of the FARs. To operate a DJI Phantom 2 Vision Plus, and/or DJI Inspire 1 or si milar sUASs aircraft. Dear Administrator Huerta: This letter herby requests an exemption from the listed Federal Aviation Regulations (“FARs”) to allow Mr. Ri chard T Britt Jr
. , t o operate, for commercial purposes, a small Unmanned Aircraft System (“sUASs”) under the conditions and limitations set forth in this Petition. This request for exemption is identical to others that have been granted by the FAA, to wit: Mr
. Brian Walk , Exemption No. 11445, Regulatory Docket No. FAA

–2015

–0143 and Ms. Dyan Gibbens Exemption No. 11446 Regulatory Docket No. FAA − 2014 − 0890, among others. The petitioner, Richard T Britt, is a Private Pilot in good standing for over 20 years, has owned and operated a Piper Warrior II under both FARs 91 and 135. Additionally, Mr
. Britt owned and operated an FAA approved repair station for over 10 years. Mr. Britt is thoroughly familiar wit h all applicable rules and regulations set forth by the FAA to own and operate aircraft in regulated airspace. Currently the petitioner is retired from the aircraft repair industry and currently owns a business in technology but also engages in professional photography. Therefore, pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Mr. Richard Britt , a professional businessman and photographer, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow him to operate a small Unmanned Aircraft System (“sUAS s”) under the conditions and limitations set forth in this Petition. The name and address of the applicant/petitioner is : Richard T. Britt Jr. Telephone: (352 ) 615
-0778 Email: RTBrittJr@

UAVideoCreations.com Address: 19231 SE 23rd Place Williston

, FL 32668

### 2

Regulations from which the exemption is requested: 14 CFR Part 21 14 C.F.R. § 45.23(b) 14 CFR § 61.3 14 CFR § 61.56(a)(2) 14 CFR § 61.56(c)(1) 14 C.F.R. § 91.7 (a) 14 CFR § 91.9 (b) (2) 14 C.F.R. § 91.103 14 C.F.R. § 91.109 14 C.F. R. § 91.119 14 C.F.R. § 91.121 14 CFR § 91.151 (a) 14 CFR § 91.203 (a) & (b) 14 CFR § 91.205(b) 14 CFR § 91.215 14 CFR § 91.405 (a) 14 CFR § 407 (a) (1) 14 CFR § 409 (a) (2) 14 CFR § 417 (a) & (b) The Appendix describes the FARs from which an exemption is requested as well as the subparagraph (B) of sUAS proposed rule making **[Docket No.: FAA -**  **2015 -**  **0150; Notice No. 15 -**  **01]** and summarizes the justification for each requested exemption. The Petition is submitted to fulfill Congress’ goal under Section 333(a) through (c) of the Reform Act, which directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In making this determination, the Administrator must determine which types of UASs do not create a hazard to users of the NAS or the public or pose a threat to national security in light of the following:



### • The UAS’s size, weight, speed, and operational capability;

### 3



### • Operation of the UAS in close proximity to ai rports and populated areas; and



### • Operation of the UAS wi thin visual line of si ght of the o perator. Reform Act § 333 (a). If the Administrator determines that such vehicles “may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such ai rcraft in the national airspace system.” Id. § 333(c) (emphasis added). The Secretary has delegated his aviation authority to the Administrator of the FAA. The Federal Aviation Act expressly grants the FAA the authority to grant exemptions from its regulatory requirements for civil aircraft, a term defined under §40101 of the Act, which includes sUASs. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702
-44716 of the Federal Avi ation Act if Administrator finds the exemption in the public interest. 49 U.S.C. § 44701(f) See also 49 USC § 44711(a); 49 USC § 44704; 14 CFR §91.203 (a) (1). The wide availability of small Unmanned Aircraft Systems, al so known as “microdrones,” capable of carrying high

- quality video cameras and priced at affordable levels intrigue s the petitioner. Mr. Britt's entire professional career has involved the aeronautics industry and the exploration/adaptation of new technologies for business use. In March of 2015 the petitioner acquired a DJI Phantom 2 Vision Plus and has flown it for total of 20 hours over remote areas of the North Central Florida, and on his own private 20 acre ranch. Currently, a number of local residents and professional colleagues have seen the petitioners video imagery taken for his personal use and remarked on the high quality and artistic merit of his work. Additionally they have requested he undertake the additional mi crodrone photography for compensation. The petitioner has researched current and purposed regulations governing the use of sUASs for compensation and found that this work is not permissible without special permission from the FAA. The petitioner al so notes and has read the congressional mandate in sections 332 and 333 of the FAA Revitalization and Reform Act of 2012 that the FAA move quickly to accommodate the economic and societal benefits that can result from widespread deployment of sUAS s technology. He has also read Docket No.: FAA

-2015
-0150 Operation and Certification of Small Unmanned Aircraft Systems, notice of Proposed Rulemaking (NPRM). Accordingly, Petitioner applies for authorization under the Federal Aviation Act, and the FARs rules to undertake the following activities for commercial purposes. Unless the Petition is granted, Petitioner will be at a significant competitive dis advantage if he, as he prefers, complies wi th FAA policy. **Vehicle** The Petitioner will fly a DJI Phantom 2 Vision Plus equipped wi th a three

- axis gi mbal and camera as supplied the from the OEM
. However the Petitioner request the addition for future use the DJI Aspire 1 equipped wi th a three

- axis gi mbal and camera as supplied the from the OEM
. The DJI Phantom 2 Vision Plus and the DJI Aspire 1 (The Aircraft(s)) have built in capability to limit the

### 4

height it flies above the ground, to limit the radius of the distance it flies from the operator, and to exclude it from class B, C, and D airspace. The Aircraft(s) al so has the built

-in capability to return to the launching point if the wi reless control link is interrupted or if the operator commands it to do so through software or mechanical fail safe switch found on the control
. The DJI Phantom 2 Vision Plus weighs 2.74 lbs including propellers, battery and camera as delivered from the manufacturer and has a maximum payload weight of 2.6lbs
. It has a top speed of about 30 miles per hour
. It has four fixed

-pitch rotors, thrust from which is varied by changing rotor RPM s . It is powered by interchangeable 5200 to 6000 mAh lithium polymer battery(s) with an estimated flight time of 10 to 20 minutes with a 30% of battery charge remaining The DJI Aspire 1 weighs 6.47lbs including propellers, battery and camera as delivered from the manufacturer and has a maximum payload weight of 3 lbs. It has a top speed of about 30 miles per hour. It has four fixed

- pitch rotors, thrust from which is varied by changing rotor RPMs. It is powered by interchangeable 4500 to 5700 mAh lithium polymer battery(s) with an estimated flight time of 10 to 20 minutes with a 30% of battery charge remaining **Flight profiles**  The petitioner will program the Phantom so that it will not fly above 400 feet AGL, or more than 1500 feet radial distant from operator . He will preflight the vehicle before each mission to the OEMs recommendations and any additional procedure s deemed necessary for safe flight as experience dictates
. His aerial photography missions will include but not be limited to; 1. real estate; 2. a gricultural crop monitoring; 3. construction; 4. weddings and other private social events; 5. m arket research; 6. aerial surveys; 7. damage assessment; 8. property survey; 9. mapping and inspections. 10. to enhance public awareness of UASs; 11. and training; The requested exemption would permit the operation of sUAS with a gross takeoff weight of not more that 55lb to be operated in airspace that is; 1) outside of controlled airspace when; a) the aircraft is register and displays the registration's N numbers on aircraft in a size and manner appropriate to the size of the aircraft. b) operator will hold at least a Private Pilots rating and; (1) have in his possession or able to product in a reasonable period of time; (a) a signed entry in his/her operator log book from a Certified Flight Instructor that he/she as passed the ground portion of bi

- annual fight review within the

### 5 subsequent 24 month period and; (b) a valid Florida drivers license and; (c) will abide by visual restriction or other restriction as may be appropriate and found on Florida drivers license; c) the operator in command has logged no less than 20 hours of flight experience in model and type of sUAS to be flown. d) the operator has performed a preflight inspection of the aircraft as defined by the OEM manuals supplied with the aircraft; e) operator has determined through log book entries or other records or methods that; i) the aircraft and battery(s) have been maintained as defined by the OEM manuals supplied with the aircraft. ii) that the aircraft, it's controls or software as applicable, have the latest updates, a flight test has been performed subsequent to said update (s) and aircraft has been returned to service. If the latest update (s) is/are found not to function correctly in the aircraft, its controls or software as applicable, said update can be reverted to their previous functioning ve rsion, with the aircraft then test and return to service until discrepancies can be resolved with the latest update (s)
. f) operations are performed at or below the altitude of 400 feet AGL; g) Weather minimums are at or above VFR minimum s; h) at a minimum of 200 ft of separation from non

-participating persons; i) will yield right of way to all other aircraft; j) will land aircraft at or before batteries in controls required for flight or in ai rcraft re aches 30% of full charge; k) aircraft will be limit to flight within the visual flight range of the operator and/or one or more spotter (s). However spotters may not be "stacked" or perform relay to extend the distance of the flight , i.e. each spotter responsible for monitoring current portion of flight must be visible to the operator . l) the spotter responsible for the current portion of the flight and the operator must stay in communication at all times, thi s can be via phone, radio, voice, signal flags or other gestures . If communication with spotter responsible for monitoring the current portion of the flight islost the operator will return ai rcraft to i) point of fight origin or; ii) point where a spotter or operator can take responsibility for the see and avoid requirements or; iii) another appropriate location where the flight can be terminated as soon as is practicable. 2) within 4 nautical miles from the airport(s) without a control tower; a) while meeting all requirement of section 1 above and; b) permission has been given in advance by the authority responsible for airport operations; c) a radio capable of receiving at frequencies of 118.000

- 136.975MHz and channel spacing 25 kHz

### 6 will be in the possession of the operator and monitoring the Unicom or common traffic frequencies as applicable by reference to current VFR Low Altitude Airway Charts and/or FAA's Airport/Facility Directory; d) if an aircraft enters the airport pattern, the operator will land the sUAS at the first practicable location until airport airspace is clear of traffic; e) will prior to flight file a notice to airman of intended flight The petitioner specially requests a waiver to rules 14 CFR § 61.56 subsection (a)(2) and (c)(1) that requires
" a minimum of one hour of flight" in addition to applicable ground school certification. The petitioner believes this element of the rule as applied to the operation of sUMV is unnecessary and does not fall within the spirit of the guidelines put forth by the FAA in NPRM**, Operation and Certification of Sm** **all Unmanned Aircraft Systems**  **[Docket No.: FAA -**  **2015 -**  **0150; Notice No. 15 -**  **01] .**  Exemption 14 CFR § 61.56 (a)(2), "Except as provided in paragraphs (b) and (f) of this section, a flight **review consists of a minimum of 1 hour of flight training** and 1 hour of ground training. and 14 CFR § 61.56 (c)(1) " Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor " The requirement to "Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor" and to "review of those maneuvers and procedures that are necessary for the pilot to demonstrate the safe exercise of the privileges of the pilot certificate" would not enhance the safe operation of an sUAS as stated in FAA finding of NPRM subparagraph B. Current Statutory and Regulatory Structure Governing Small UAS. "...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 operation because a small UAS is operated differently than a manned aircraft." Approval of this exemption would provide safety enhancements to the already safe Photographic and Video gathering operations presently using manned helicopters and airplanes in Florida and other states in the USA and would thereby fulfill the FAA Administrator’s responsibilities to “...establish requirements for the safe operation of such aircraft systems in the national ai rspace system.” Section 333(c) of the Reform Act. The Petitioner's proposed operations satisfy the criteria provided in Section 333 of the Reform Act relating to size, weight, speed, operating capabilities, proximity to airports and populated areas and operation within vi sual line of si ght and national security. The requested exemptions would allow the Petitioner to perform aerial photography and other functions as described above with his sUAS
. Respectfully submitted,

Richard T Britt, Jr. Petitioner

### 7 Appendix **FAR section**  **Subject Justification**  14 CFR § 45.23(b) Requirement to display registration number on vehicle As appropriate to the size of the aircraft
14 CFR Part 21 Aircraft certification requirements and procedures Designed for manned aircraft; not suitable for off

the

- shelf sUAS 14 CFR § 61.3 Requirement for pilot certificate For operations as stated above
14 CFR § 61.56 (a ) (2) Requirement for pilot certificate Except as provided in paragraphs (b) and (f) of this section, a flight review consists of a minimum of 1 hour of flight training and 1 hour of ground training.

14 CFR § 61.56( c )( 1 ) Requirement for pilot certificate Accomplished a flight review given in an aircraft for which that pilot is rated by an authorized instructor
14 CFR § 91.7 (a) Airworthiness requirement As no airworthiness standard has been given, this section is not applicable for sUAS

14 CFR § 91.9 (b) (2) Requirement for manual to be available in the cockpit No cockpit, however a manual and checklist will be in the possession or in near proximity of the operator for review as needed.
14 CFR § 91.103(b) Requirement for crew members to be onboard Unmanned vehicle

### 8

14 CFR § 91.109 Requirement for dual controls during flight instruction sUAS are not capable of supporting dual controls
14 CFR § 91.119 Minimum altitudes for safe flight Safety requires operation below these al titudes
14 CFR § 91.121 Altimeter settings The sUAS altimeter cannot be adjust 14 CFR § 91.151(a) Fuel requirements Fuel for this purpose will be defined as percentage of full battery

14 CFR § 91.203 (a) & (b) Requirement for registration and airworthiness certificates to be onboard No one aboard to read certificates

14 CFR § 91.205(b) Cockpit instruments requirement No one aboard to read instruments
14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful load; will be operated below ATC radar coverage 14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft; not suitable for off

the

- shelf sUAS 14 CFR § 91.407(a) (1) Inspection approval requirements Designed for manned aircraft; not suitable for off

the

- shelf sUAS 14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft; not suitable for off

the

- shelf sUAS

### 9

14 CFR § 91.417 (a) & (b) Maintenance records requirements Designed for manned aircraft; not suitable for off

the

- shelf sUAS **Billing Code 4910 -**  **13 -**  **P DEPARTMENT OF TRANSPORTATION**  **Federal Aviation Adm inistration**  **14 CFR Parts 21, 43, 45, 47, 61, 91, 101, 107, and 183 [Docket No.: FAA** **- 2015**  **- 0150; Notice No. 15**  **- 01]**  **RIN 2120**

**– AJ60**  **Operation and Certification of Sm all Unm** **anned Aircraft Systems Subparagraph**  B. Current Statutory and Regulatory Structure Governing Small UAS Due to the lack of an onboard pilot, small unmanned aircraft are unable to see and avoid other aircraft in the NAS. Therefore, small UAS operations conflict with the FAA’s current operating regulations codified in 14 CFR part 91 that apply to general aviation. Specifically, at the heart of the part 91 operating regulations is § 91.113(b), which requires each person operating an aircraft to maintain vigilance “so as to see and avoid other aircraft.” The FAA created this requirement in a 1968 ru lemaking that combined two previous aviation regulatory provisions, Civil Air Regulations (CAR) §§ 60.13(c) and 60.30.6 Both of the provisions that were combined to create the “see and avoid” requirement of § 91.113(b) were intended to address aircraft collision

- awareness problems by requiring that a pilot on board the aircraft look out of the aircraft during flight to observe whether other aircraft are on a collision path with his or her aircraft. Those provisions did not contemplate the use of technology to substitute for the human vision of a pilot on board the aircraft. Similarly, there is no evidence that those provisions contemplated a pilot fulfilling his or her “see and avoid” responsibilities from outside the aircraft. To the contrary, CAR § 60.13(c ) stated that one of the problems it intended to address was “preoccupation by the pilot with cockpit duties,” which indicates that the regulation contemplated the presence of a pilot on board the aircraft. Because the regulations that resulted in the see

- and

- avoid requirement of § 91.113(b) did not contemplate that this requirement could be complied with by a pilot who is outside the aircraft, § 91.113(b) currently requires an aircraft pilot to have the perspective of being inside the aircraft as that air craft is moving in order to see and avoid other aircraft. Since the operator of a small UAS does not have this perspective, operation of a small UAS could not meet the see and avoid requirement of § 91.113(b) at this time. In addition to currently being p rohibited by § 91.113(b), there are also statutory considerations that apply to small UAS operations. Specifically, even though a small UAS is different from a manned aircraft, the operation of a small UAS still involves the operation of an aircraft. This is because the FAA’s statute defines an “aircraft” as “any contrivance invented, used, or designed to navigate or fly in the air.” 49 U.S.C. 40102(a)(6). Since a small unmanned aircraft is a contrivance that is invented, used, and designed to fly in the ai r, a small unmanned aircraft is an aircraft for purposes of the FAA’s statutes.7 Because a small UAS involves the operation of an “aircraft,” this triggers the FAA’s registration and certification statutory requirements. Specifically, subject to certain e xceptions, a person may not operate a civil aircraft that is not registered. 49 U.S.C. 44101(a). In addition, a person may not operate a civil aircraft in air commerce without an airworthiness certificate. 49 U.S.C. 44711(a)(1). Finally, a person may not s erve in any capacity as an airman on a civil aircraft being operated in air commerce without an airman certificate. 49 U.S.C. 44711(a)(2)(A).8 The term “air commerce,” as used in the FAA’s statutes, is defined broadly to include “the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in foreign or interstate air commerce.” 49 U.S.C. 40102(a)(3). Because of this broad

### 1 0 definition, the National Transportation Safety Board (NTSB) has held that “any use of an aircraft, for purpose of flight, constitutes air commerce.”9 Courts that have considered this issue have reache d similar conclusions that “air commerce,” as defined in the FAA’s statute, encompasses a broad range of commercial and non

- commercial aircraft operations. Accordingly, because “air commerce” encompasses such a broad range of aircraft operations, a civil small unmanned aircraft cannot currently be operated, for purposes of flight, if: (1) it is not registered (49 U.S.C. 44101(a)); (2) it does not possess an airworthiness certificate (49 U.S.C. 44711(a)(1)); and (3) the airman operating the aircraft does not possess an airman certificate (49 U.S.C. 44711(a)(2)(A)). However, the FAA’s current processes for issuing airworthiness and airman certificates were designed to be used for manned aircraft and do not take into account the considerations associated with civil small UAS. Specifically, obtaining a type certificate and a standard airworthiness certificate, which permits the widest range of aircraft operation, currently takes about 3 to 5 years. Because the pertinent existing regulations do not differentiate between manned and unmanned aircraft, a small UAS is currently subject to the same airworthiness certification process as a manned aircraft. However, it is not practically feasible for many small UAS manufacturers to go through the certification process re quired of manned aircraft. This is because small UAS technology is rapidly evolving at this time, and consequently, if a small UAS manufacturer goes through a 3

- to -5
-year s process to obtain a type certificate, which enables the issuance of a standard airwo rthiness certificate, the small UAS would be technologically outdated by the time it completed the certification process. For example, advances in lightweight battery technology may allow new lightweight transponders and power sources within the next 3 to 5 years that are currently unavailable for small UAS operations. The FAA notes that there are several other certification options available to small UAS manufacturers and operators who do not wish to go through the process of obtaining a type certificate and standard airworthiness certificate. However, because each of these options has significant limitations, these options do not provide flexibility for most routine small UAS operations. These certification options are as follows: A sp e ci al ai rw o rthine ss certificate in the experimental category may be issued to UAS pursuant to 14 CFR 21.191
-21.195. This certificate is time

-limited, and cannot be used for any activities other than research and development, market surveys, and crew training. A sp e ci al flight permit may be issued pursuant to 14 CFR 21.197. At this time, however, a special flight permit for a UAS is limited to production flight testing of new production aircraft.11 A sp e ci al ai rw o rthine s s ce rti fi c ate in the re s tri cte d c ate go ry i s i s su e d pursuant to 14 CFR 21.25(a). There are two options for obtaining this certificate. First, pursuant to § 21.25(a)(2), a certificate may be issued for aircraft accepted by an Armed Force of the United States and later modified for a special purpose. Second, pursuant to § 21.25(a)(1), a certificate may be issued for aircraft used in special purpose operations, which consist of: (1) agricultural operations; (2) forest and wildlife conservation; (3) aerial surveying; (4) patrolling (pipelines, power line s, and canals); (5) weather control; (6) aerial advertising; and (7) any other operation specified by the FAA. As can be seen from the above list, the current certification options are limited to very specific purposes. Accordingly, they do not provid e sufficient flexibility for most routine civil small UAS operations within the NAS.

### 1 1 In addition to obtaining an airworthiness certificate, any person serving as an airman in the operation of a small UAS must obtain an airman certificate. 49 U.S.C. 44711( a)(2)(A). The statute defines an “airman” to include an individual who is “in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way.” 49 U.S.C. 40102(a)(8)(A). Because the person operating the small UAS is in command and is a member of the crew who navigates the aircraft, that person is an airman and must obtain an airman certificate. Under current pilot certification regulations, depending on the type of operation, the operator of the small UAS currently must obtain either a private pilot certificate or a commercial pilot certificate. A private pilot certificate cannot be used to operate a small UAS for compensation or hire unless the flight is only incidental to the operator’s business or employment. Typically, to ob tain a private pilot certificate, the small UAS operator currently has to: (1) receive training in specific aeronautical knowledge areas; (2) receive training from an authorized instructor on specific areas of aircraft operation; (3) obtain a minimum of 40 hours of flight experience; and (4) obtain a third

- class airman medical certificate. Conversely, holding at least a commercial pilot certificate allows the small UAS to generally be used for compensation or hire, but is more difficult to obtain. In additi on to the requirements necessary to obtain a private pilot certificate, applicants for a commercial pilot certificate currently need to also obtain 250 hours of flight time, satisfy extensive testing requirements, and obtain a second

- class airman medical certificate. 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 a 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. Specifically, applicants for a private or commercial pilot certificate currently are not trained in how to deal with the “see

- and

- avoid ” and loss

- of

- positive
- control safety issues that are unique to small unmanned aircraft. 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. Recognizing the problem of applying the operating rules of part 91 to small UAS operations and the cost imposed on small UAS operations by existing certification processes, the FAA fashioned a temporary solution. Specifically, the FAA issued an advisory circular (AC) 91

-57 and a policy statement elaborating on AC 91

-57, which provide guidance for the safe operation of “model aircraft.” The policy statement defines a “model aircraft” as a UAS that is used for hobby or recreational purposes. The policy statement explains that AC 91

-57: [E]ncourages good ju dgment on the part of operators so that persons on the ground or other aircraft in flight will not be endangered. The AC contains among other things, guidance for site selection. Users are advised to avoid noise sensitive areas such as parks, schools, hospitals, and churches. Hobbyists are advised not to fly in the vicinity of spectators until they are confident that the model aircraft has been flight tested and proven airworthy. Model aircraft should be flown below 400 feet above the surface to avoid other aircraft in flight. The FAA expects that hobbyists will operate these recreational model aircraft within visual line

- of

- sight. Neither AC 91

-57 nor the associated policy statement contains any registration or certification requirements. To date, the FAA has used its discretion to not bring enforcement action against model

aircraft operations that comply with AC 91

-57. However, the use of discretion to permit continuing violation of FAA statutes and regulations is not a viable long

- term solution for incorporating UAS operations into the NAS. Additionally, because AC 91

-57 and the associated policy statement are limited

### 1 2 to model aircraft, they do not apply to non

- recreational UAS operations. Thus, even with the use of enforcement discretion, because of the difficulty of obtaining the requisite certification for a small UAS and because operation of a small UAS would violate the see

- and

- avoid requirement of § 91.113(b), non

recreational civil small UAS operations are effectively prohibited at this time.