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April 6, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave S.E.

Washington, D.C. 20590

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

Act of 2012 and Part 11 of the Federal Aviation Regulations from Certain Provisions of

14 C.F.R.

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, Charles Franklin, Inc. files this petition for exemption on behalf of

Charles Franklin, Inc. a Texas Corporation, dba/ Wild Horses A Film Company (“Wild Horses”),

an operator of Small Unmanned Aircraft (“UA”) used for closed-set filming for the motion

picture and television industries. Specifically, applicant seeks an exemption from the Federal

Aviation Regulations (“FARs”) listed in Appendices A and B to allow commercial operation of 

its UA, 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.

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

Insprire 1, for scripted closed-set filming for the motion picture and television industries in Class

G airspace nationwide, or as otherwise prescribed in an Air Traffic Organization (“ATO”) issued

COA. The UA operations contemplated by this petition are in the public interest because they

clearly satisfy the "Four D's" of exemplary uses of UAs: to replace work that is dangerous,

difficult, and at the same time provide an equivalent or greater level of safety than alternative

manned aircraft operations. The UA covered by this petition is a small battery-powered craft,

weighing approximately 15 lbs. (7 kg.), inclusive of battery and payload. Operation of the UA

under the strict conditions proposed below will provide an equivalent level of safety, as

Congress intended, while still allowing commercial operations. Operations using this UA 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
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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 film

over closed sets and inspect construction sites. The substantial increase of safety and

decrease of risk to human life and to property weighs heavily in favor of granting the

exemption.

Pursuant to 14 C.F.R. §11.35, petitioner requests confidential treatment for certain

information provided with this request for exemption. Specifically, petitioner is submitting its

proprietary description of the DJI Inspire 1 and inspection procedures under separate cover

as Exhibits 1-2. It requests that the information contained in those exhibits not be made

public because they are trade secrets whose disclosure would harm petitioner. They contain

valuable commercial data this is not publically available and are protected from release

under the Freedom of Information Act, 5 U.S.C. §552(b)(4).

For your ease in reviewing this petition, please refer to the table of contents which begins

on page 3. If we can provide any additional information to assist your understanding or

review of this document, please do not hesitate to contact us at 214-526-6700 or via email at

mark@wildhorsesfilm.com.

Mark Underkofler

President

Charles Franklin, Inc. dba/Wild Horses A Film Company

8424 Bernard Rd.

Sanger, Texas 76266

214-526-6700
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Table of Contents

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

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

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

A. The UA........................................................................................................................... 6

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

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

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

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

V. Proposed Conditions of the Exemption .........................................................................................9

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

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

VIII. Regulations from Which Exemption is Requested..................................................................... 14

A. Appendix A: FARs as to which Wild Horses wishes the same determination to be

made as has been made previously ............................................................................. 14

B. Appendix B: Wild Horses’s argument for exemption from 14 C.F.R. §61.113:

Private pilot privileges and limitations: Pilot in command. ......................................... 17

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

license is unnecessary for safe operation of a UA............................................... 17

2. The FAA has and has already exercised the authority to exempt applicants from

the airman certificate requirement ........................................................................ 19
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Exhibit List

Exhibit 1: DJI Insprire 1 User Manual..............Submitted separately due to upload constraints

Exhibit 2: Charles Franklin, Inc. Inspection Procedures and Logging Procedure.........Submitted 

confidentially to the FAA

Exhibits 1-2 have been submitted confidentially and are not available to the public.
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I. Publishable Summary

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

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

Applicant seeks an exemption from the following rules:

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

14 C.F.R. 45.29; 14 C.F.R. 61.113; 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. 91.113(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) (18 lbs. or less).

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

Wild Horses 960, a propriety design, for scripted closed-set filming for (1) the

motion picture and television industries and (2) the construction industry nationwide

in Class G airspace nationwide, or as otherwise prescribed in an ATO issued

COA. The requested exemption should be granted because operation of small

UA, weighing approximately 18 lbs. (8 kg.), inclusive of battery and payload,

conducted in the strict conditions outlined below, will provide an equivalent level

of safety, while still allowing commercial operations. The lightweight aircraft

covered by the exemption are far safer than conventional operations conducted with

helicopters and fixed-wing aircraft weighing thousands of pounds and carrying

highly flammable fuel, and operating in close proximity to the ground, power lines,

transmission towers, pipelines, 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.

II. Petitioner’s Contact Information

Mark Underkofler

Charles Franklin, Inc dba/Wild Horses A Film Company

8424 Bernard Rd.

Sanger, Texas 76266

mark@wildhorsesfilm.com

214-526-6700
III. Proposed Operations

A. The UA

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

commercially produced design, with a maximum weight of approximately 15 lbs. (7 kg.),

inclusive of batteries and technical payload. This rotorcraft operates at a speed of no more

than 35 knots and has the capability to hover and move in the vertical and horizontal planes

simultaneously.

The UA will use the following:

• GPS/Autopilot System: DJI Inspire 1, with its accompanying Main Controller (MC),

Internal Measurement Unit (IMU), and GPS.

• DJI Inspire 1 software, which displays power voltage, flight velocity, height, distance from

the home point, horizontal attitude and GPS satellite number acquired to make the location

calculation.

• Transmitter 1 (Tx1): DJI Inspire 1, used by the UA operator to control the UA

Please refer to Exhibits 1-2 for further information regarding the UA. Details regarding

the design and assembly of the UA are being submitted confidentially, due to the proprietary

nature of the UA. The petition and the supporting documentation in the Exhibits are hereinafter

referred to as the “operating documents.”

The specific conditions of the proposed exemption that relate to the characteristics of the

UA are numbers 1, 5, and 16-20 in Section V below. Each has been adopted or imposed by the

FAA in numerous previous grants of Section 333 exemption petitions.

B. The Crew

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

operator (CO).

The PIC, VO, and CO will have been trained in operation of UAs generally. The PIC is a

lifelong model aircraft hobbyist, with years of general UA experience. Additionally, the PIC will

have completed, at a minimum, 40 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 3 and 6-9 in Section V below. Each has been adopted or

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

C. Flight Conditions

The UA will be used for scripted closed-set filming for the motion picture and television

industries and the construction industry. It will be flown in Class G airspace nationwide under

200 feet above ground level (“AGL”) and under controlled conditions over property that is

restricted as stated below under D. Flight Operations. 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 2, 4, 16, and 28-29 in Section V below. Each has

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

petitions.

D. Flight Operations

The purpose of every UA flight will be to conduct safe, accurate, and efficient (i) closedset filming for the motion picture and television industries or (ii) site inspections for the

construction industry in Class G airspace nationwide.

The PIC will be responsible for flying the UA and will use a DJI Inspire 1 transmitter.

The PIC will have visual contact with the UA at all times and will have available on screen

display to observe telemetry data, including battery power and flight altitude. The on screen

display/telemetry information will also be available on an iPad. The main purpose of the iPad

with the telemetry information is to set an audio signal for when the voltage on the battery is

running low.

The VO will be responsible for the overall safety of the operation. The VO will observe

the UA and flight operational area without any display monitors.

The CO may alternatively use a second DJI Inspire 1 transmitter to control the gimbal and 

the camera. The CO will use an on screen display monitor to observe the camera data and

change what is being viewed.

Prior to the day of an operation, the flight crew will conduct a site inspection. The flight

crew will look for obstructions in the filming or construction area, and determine a safe flight

plan. The flight crew will also make a note of any public access points in the general area, where

nonparticipating individuals could access the operational area. The flight crew will adapt their

flight plan to avoid these areas.

On the day of an operation, the flight crew will cone off the flight operational area (if not

already roped off), up to 1⁄2 square miles. The only individuals allowed within the flight

operational area will be participants – actors, crew members, or maintainence workers. All

other

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non-participating individuals and vehicles will be outside the sectioned-off area. Prior to

each operation, the flight crew will conduct a safety briefing with all individuals who will be

in the flight operational area.

The flight crew will set a “home area” that the UA will launch from and return to. The

area will have a ten-foot radius and be marked off with traffic cones. The flight crew will stand

outside this area. During operations, the flight crew will wear high visibility safety vests and

helmets. The three members of the flight crew will stand next to each other and be able to

communicate orally.

The flight crew will conduct a pre- and post-flight inspection, as laid out in Wild 

Horses’s Inspection Procedures, Exhibit 2. The flight crew will also conduct an inspection

flight each week, going through both the pre- and post-flight procedures to ensure that the DJI 

Inspire 1 is in a safe condition.

In the unlikely event of emergency or a lost link, the UA will be equipped with an

emergency “return to home” feature as part of the DJI Inspire 1 flight control. If there is a lost

link, the DJI Inspire 1 will be programmed to rise 65.6 feet (20 meters) instantaneously (not to

exceed a maximum altitude of 200 AGL), travel horizontally to the home area, and land. For

more information regarding the emergency fail safe methods, please refer to the DJI Inspire 1

User Manual (Exhibit 1) to this petition. The failsafe section begins on page 17 of that document.

Flights will be terminated at 20% of battery life. Currently, the DJI Inspire 1’s battery

is limited to approximately 15 minutes of flight time. Wild Horses will use an iPad to monitor

telemetry data, including battery life. The iPad will send an audio signal when the battery

depletes to 20% of remaining power.

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

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

FAA in numerous previous grants of Section 333 exemption petitions.

IV. Aircraft and Equivalent Level of Safety

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

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

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

structure. Section V below identifies the limitations and conditions to which petitioner agrees to

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

contains a matrix connecting: (i) the specific proposed condition with (ii) the FAR provision for

which it provides 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. Appendix B

requests relief from additional FARs that are not identified in Appendix A.

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

security issue. The PIC is willing 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.)).
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V. Proposed Conditions of the Exemption

1. The UA will weigh approximately 15lbs. (7 kg.), inclusive of battery and technical payload.

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

of closed-set filming for the motion picture and television in Class G airspace 

nationwide.

3. Flights will be operated within line of sight of a pilot and visual observer.

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 35 knots.

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

visual observer (VO), and a camera operator (CO).

7. The PIC will have, at minimum, 40 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,

at the direction and under the supervision of the UA manufacturer. 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 manufacturer, authorizing the return of the UA to service. The manufacturer will make

an entry in the aircraft record of the corrective action taken against discrepancies discovered

between inspections.

15. When conducting operations for the motion picture and television industry, petitioner will

submit a written Plan of Activities, and any additional necessary paperwork, to the FSDO at

least one day before the proposed operations begin.

16. 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.

17. 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 20% battery power remaining.

18. Actual total flight time for each operational flight will result in no less than a 20% battery

reserve.

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

emergencies.

20. The UA will be programmed so that if it loses communication with the ground station 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

21. 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.

22. 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

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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.

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

of the landowners over which flights will be conducted.

24. 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.

25. 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).

26. 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, altitude level

and potential transponder requirements.

27. 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.

28. 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.

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

issued COA.

30. 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.

31. 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.

32. The UA will remain clear and yield the right of way to all manned aviation operations and
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activities at all times.

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

34. The UA will not be operated over congested or densely populated areas.

35. 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).

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

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

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

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

site: www.ntsb.gov.

VI. Privacy

There is little concern that the proposed flights will cause invasions of privacy because all

flights will occur (i) over public spaces, where there is no expectation of privacy, and around

participating individuals or (ii) over private, restricted property where applicant has permission

from the landowner/authorized agent to film. When the UA is being flown, the onboard cameras

will be focused on the film or inspection area, not on nonparticipating individuals who may be

present during filming.

VII. Public Interest and Safety

The planned UA use will increase ground safety in both the television and movie

industry, and the construction industry. 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,
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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 applicant’s UA for filming

the television and movie industry and the construction industry, pursuant to petitioner’s rules of

operation.

A. Motion Picture and Television Industry Filming

As the FAA has repeatedly recognized in granting other exemptions under Section 333,

the use of a UA to take videos and photography over closed, scripted, motion picture and

television sets significantly increases the level of safety for both the actors and crew. Currently,

filmmakers use manned aircraft, which can weigh 6,000 lbs. or more. Manned aircraft also, by

definition, carry a pilot and other crew. They carry flammable fluids, and require large areas to

take off, operate over, and land.

By using the DJI Inspire 1, many of these dangerous conditions will be alleviated.

The DJI Inspire 1 weighs under 15 lbs. The pilot and flight crew will be safely on the ground

rather than several hundred feet in the air. The UA is powered by a battery, and requires a small

area to operate in. The FAA has previously determined that using a UA such as the DJI 

Inspire 1 will provide a greater level of safety when filming for the motion picture and

television industry. Exemption No. 11062.
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VIII. Regulations from Which Exemption is Requested

A. Appendix A: FARs as to which Wild Horses wishes the same determination to be

made as has been made previously.

FAR

Provision

Applicable condition(s) in

Section 5 of petition

FAA Exemption Decision

21(h) 1, 2, 3, 4, 5, 16, 25, 28, 29,

34, 35

Nos. 11062, 11063, 11064, 11065, 11066, 11067,

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

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

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

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

43.7 13, 14 No. 11208

43.11 12 No. 11208

45.11 30 No. 11208

45.27 39 No. 11188

45.29 30 Nos. 11136, 11157, 11170, 11185, 11193

61.113 7 See Appendix B for argument regarding why

petitioner should be exempted from the private pilot

license requirement

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

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

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

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

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

11204

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

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

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

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

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

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

11189, 11192, 11193, 11195

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

91.103(b)(2) 3, 9, 16, 17, 18, 19, 20, 28 No. 11062, 11063, 11064, 11065, 11066, 11067,

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

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

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

11191, 11192, 11193, 11195, 11204

91.105 6 No. 11185

91.113(b) 3, 32 No. 11238

91.119(c ) 4, 34 Nos. 11162, 11163, 11164, 11165, 11166, 111080,

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

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

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

11185, 11188, 11189, 11190, 11193
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FAR

Provision

Applicable condition(s) in

Section 5 of petition

FAA Exemption Decision

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

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

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

11178, 11185, 11188, 11189, 11190, 11193

91.151(a) 17, 18 Nos. 11110, 11153, 11156, 11161; 111109, 11110,

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

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

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

91.203 (a)

and (b)

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

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

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

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

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

11189, 11191, 11192, 11193, 11195

91.215 26, 27 No. 11185, 11195

91.403 12, 13, 14 No. 11185

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

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

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

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

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

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

11191, 11192, 11193, 11195, 11204

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

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

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

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

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

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

11191, 11192, 11193, 11195, 11204

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

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

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

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

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

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

11191, 11192, 11193, 11195, 11204

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

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

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

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

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

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

11191, 11192, 11193, 11195, 11204
16

FAR

Provision

Applicable condition(s) in

Section 5 of petition

FAA Exemption Decision

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

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

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

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

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

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

11191, 11192, 11193, 11195, 11204

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

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

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

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

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

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

11191, 11192, 11193, 11195, 11204
17

B. Appendix B: Wild Horses’s argument for exemption from 14 C.F.R. §61.113:

Private pilot privileges and limitations: Pilot in command.

Wild Horses requests an exemption from 14 C.F.R. §61.113 so that the PIC of the UA

will not be required to possess a private or commercial pilot’s license. 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 a private or commercial 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 neither a private nor a commercial pilot’s certificate 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.

Wild Horses 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 a private or commercial 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
19

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 sUAS proposed by Wild Horses,

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 UAS use in

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

this concern, this concern is inapplicable as Wild Horses’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.
20

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 private pilot license.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 UAS per the UAS 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 PIC has had

decades of UA experience. He has focused his training and education 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 has and has already exercised the authority to exempt applicants 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.

4 Id. at 14.

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/.
21

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 a 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 applicants 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 the statute. 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.
22

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

For all of the reasons set forth above, the FAA should reconsider its position and exercise

its full authority to grant an exemption from all the requirements of 49 USC §44711, so that a

person serving as a commercial UA operator need not have a pilot’s license.

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.