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Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal

Aviation Regulations from certain parts of the FARs.

Scott David Pitta, President

Professional Drone Pilots of America

November 12, 2015

Name / Address of Petitioner:

Scott David Pitta, President

Professional Drone Pilots of America

118 Pine St.

Raynham, MA 02767

Telephone Number of Petitioner: 508-468-6180

Email: ScottPitta@yahoo.com

Regulations from which the exemption is requested:

14 CFR Part 21 14 C.F.R. § 43.3 14 C.F.R. § 45.23(b)

14 CFR § 61 14 CFR § 91.9 (b) (2) 14 C.F.R. § 91.103 

14 C.F.R. § 91.105 14 C.F.R. § 91.109 14 C.F. R. § 91.119 

14 C.F.R. § 91.121 14 CFR § 91.151 14 CFR § 91.203 (a) & (b)

14 CFR § 91.205 14 C.F.R. § 91.207 14 CFR § 91.215 

14 CFR § 91.405 14 CFR § 407 (a) (1) 14 CFR § 409 (a) (2) 

14 CFR § 417 

Appendix A describes the FARs from which an exemption is requested and summarizes the justification 

for each requested exemption.
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This 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;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

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 aircraft in the national airspace 

system.” Id. § 333(c).

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 Aviation 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).

Regarding Unmanned Aircraft Systems (UAS):

The Petitioner will fly one or more of the following UAS: DJI Phantom and DJI S1000s equipped with a 

three-axis camera gimbal. OE / IR / Thermal imagers. Other imaging devices may be utilized for better 

data acquisition as needed. 

These vehicles have the built in capability to limit the height they fly above the ground, to limit the 

radius of the distance they fly from the operator, and to exclude them from class B, C, and D airspace as 

well any TFR’s (Temporary Flight Restricted) areas. The vehicles also have the built-in capability to return 

to the launching point if the wireless control link is interrupted or if the operator attempts to exceed any 

of the height, radius, or airspace limitations programmed into them. The DJI Phantom weighs about five 
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pounds and has a maximum gross weight of approximately twenty pounds. It has a top speed of 

approximately 30 knots. It has four fixed-pitch rotors, thrust from which is varied by changing RPM. It is 

powered by a lithium polymer smart battery. The S1000 weighs about four kilograms with a maximum 

gross weight of 11 kilograms. It has a top speed of approximately 40 knots. It has eight fixed-pitch 

rotors, thrust from which is varied by changing RPM. It is powered by a lithium polymer smart battery.

The listed UAS are commercially available “off the shelf” and utilize only FCC approved frequencies and 

equipment. FCC Approval information is provided by the manufacturer at www. Dji.com

The Pilot in Command (PIC) shall conduct preflight, post flight, maintenance inspections and repairs in 

accordance with the manufacturer’s recommendations. During preflight operations, the PIC will 

program the Phantoms or S1000 sUAS so that they will not fly more than 400 feet above ground level, or 

more than 1500 feet away from its operator. Before each mission, the PIC will preflight the UAS to 

assure that its compass and GPS system are properly calibrated and that the return-to-home feature, 

altitude, and radius limitations work.

Unmanned Aircraft PIC: 

The Petitioner has served proudly as a professional helicopter pilot for more than 20 years, including 7 

years as a US Army Blackhawk helicopter pilot and US Army Instructor Pilot. The petitioner is also an 

Adjunct Professor of Aviation Science at Bridgewater State University. 

The petitioner possesses the following FAA Pilot Certificates: Airline Transport Pilot, Certified Flight 

Instructor (renewal required), Advanced Ground Instructor, and Instrument Ground Instructor. 

The petitioner has earned a Master of Aeronautical Science Degree with concentrations in Aviation 

Safety and Aviation Management from Embry Riddle Aeronautical University as well as a Bachelor’s 

Degree in Aviation Science with a concentration in Flight Training from Bridgewater State University. 

The Petitioner has also been a model helicopter, fixed wing and multirotor hobbyist for five years and 

has been a member of the American Aeromodellers Association (AMA). With an extensive aviation 

career and advanced education in the Aeronautics & Safety, the Petitioner is in a unique position to not 

only safely utilize sUAS technology in the NAS, but to serve as a leader to other sUAS operators. 

If permission is granted, the Petitioner will serve numerous Local, State and Federal entities. The 

professional relationships he’s cultivated with Federal, State and Local authorities in and around 

Massachusetts, as well as countless Fire, Police, and Inspectional departments would serve as a conduit 
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to safe sUAS implementation into the local airspace. His significant aeronautical safety management 

experience with full scale helicopters will serve as the backbone for safe, efficient sUAS operations in 

numerous roles. His business model includes but is not limited to UAS operations training; 

Infrastructure, building, and land inspections; Law Enforcement operations support; and Emergency 

Operations / Storm response support.

Petitioner also 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 technology. Accordingly, 

Petitioner applies for authorization under the Federal Aviation Act and the FARs to undertake the 

aforementioned activities for commercial purposes. 

Operation of Unmanned Aircraft:

If this petition is approved, the petitioner intends to conduct the following operations:

Training: The petitioner has developed a comprehensive and robust UAS training syllabus modeled after 

FAR §61 and FAR §141 flight training regulations. This syllabus includes both academic and flight 

training lessons. The petitioner will train aspiring UAS operators to operate them in a safe, consistent, 

and legal manner. The petitioner’s unique mix of experience as a profession pilot, flight instructor, and 

professor of aviation will insure future UAS pilots will receive the highest quality training to insure the 

future safety of UAS operations in the National Airspace System. 

Aerial Imagery: The petitioner will conduct commercial operations in support Federal, State, and 

municipal governments. These operations include but are not limited to inspection of infrastructure 

(Bridges, towers, buildings, etc.), live and recorded video in support of local law enforcement 

operations, search and rescue operations, illumination of emergency scenes, aerial dissemination of 

information (banners, speakers, etc), and other operations as needed to meet the needs of emergency 

managers, Federal, State, and local officials. 

Inspection of Infrastructure, Buildings, Land and other Real Property: The petitioner will utilize UAS 

technologies to assist inspections various Infrastructure, Buildings, Land and other Real Property.

The petitioner will operate in accordance with section 333 of the FAA reform Act. Day VFR, within VLOS 

of the operator, etc...
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The petitioner will not operate in controlled airspace. In the unlikely event that a manned aircraft flies 

below 400 feet AGL where the Petitioner is operating, the operator will keep both the UAS and the 

manned aircraft in sight and avoid the manned aircraft.

The Petitioner will not conduct flight operations of any kind without a minimum of two dedicated 

personnel. A PIC and a Second In Command / Observer will be present and functioning as a cohesive 

flight team for each mission.

The Pilot in Command (PIC) shall conduct preflight, post flight, maintenance inspections and repairs in 

accordance with the manufacturer’s recommendations. During preflight operations, the PIC will 

program the Phantoms or S1000 sUAS so that they will not fly more than 400 feet above ground level, or 

more than 1500 feet away from its operator. Before each mission, the PIC will preflight the UAS to 

assure that its compass and GPS system are properly calibrated and that the return-to-home feature, 

altitude, and radius limitations work.

The petitioner may not conduct motion picture and television filming until such time the Petitioner 

receives an approved Certificate of Waiver Authorization and Motion Picture and Television Flight 

Operation Manual for such operations.

The Petitioner shall obtain a Certificate of Waiver Authorization (COA) from the FAA Air Traffic 

Organization prior to conducting operation(s) in the NAS. 

Public interest Granting the petition would be in the public interest because:

1. The Congress of the United States has determined that early accommodation of sUAS into the 

National Airspace System advances the public interest. The Committee Report leading the House to 

adopt H.R. 658 said: "The successful integration of unmanned aircraft systems

(UAS) into the National Airspace System (NAS) can support more than 23,000 high-paying jobs in the 

United States. . . . The absence of a plan to integrate UASs into the NAS is a barrier to such job creation . 

. . ."1 Granting the Petition represents a step toward such integration, in the absence of a 

comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and the public 

interest.

 

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H. R. Rep. 112-29 on H.R. 658, 112th Cong., 1st Sess. at 116. The House-Senate Conference Committee on the

FAA Modernization and Reform Act of 2012 recommended amendments to H.R. 658 in lieu of amendments 

adopted

by the Senate. Conference Report to Accompany H.R. 658, H.R. Rep. 112-381, 112th Cong., 2d Sess., at p. 1 (Feb.

1, 2012).
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2. Granting the Petition will facilitate a new era in UAS activities and safety. Implementation and 

development of a professional, robust, and comprehensive UAS training curriculum is vital to the future 

success of the UAS industry. It is in the public interest to developing appropriate and effective training 

and testing standards for UAS operators. The public must have confidence in the professionalism, skills, 

and knowledge of UAS operators. 

3. Granting the Petition will enable Petitioner to demonstrate the commercial viability of creating new 

safety techniques and tactics with new aeronautical technology and its implementation assisting 

Federal, State, and Local governments agencies. The rules from which Petitioner seeks exemption 

artificially and irrationally limit the effective use of new technologies to take advantage of cost savings, 

safety and improve the efficiency of markets, thereby subverting the public interest.

4. Granting this Petition will enable the Petitioner to help demonstrate that the FAAs sUAS FARs are 

indeed a safe and effective means in which to govern the NAS. He will serve as an advocate for the 

practice of lawful sUAS operations.

5. Granting the Petition will fulfill the FAA’s own declaration that encouraging new aviation technologies 

advances the public interest. The FAA itself has recognized the public interest in its role of "Encouraging 

and developing civil aeronautics, including new aviation technology."2 Granting the Petition will 

enhance FAA fulfillment of that commitment, thereby serving the public interest. Air commerce 

flourishes in the United States because of the rapid pace of innovation in aeronautical and associated 

technologies, followed by their commercialization and their introduction into the marketplace. The 

drone technology that the Petitioner uses exemplifies the latest innovative leap forward in aeronautical

technology. Preventing it from using this in air commerce subverts achievement of the goal.

6. Granting the Petition will fulfill the Congressional determination that integrating sUAS technology into 

the NAS serves the public interest. Section 330 of the FAA Modernization and Reform Act of 2012, 

specifically recognizes the advantages to air commerce obtainable from the deployment of sUAS 

technologies. It mandated several steps by the FAA to accelerate the availability of these technologies in 

the National Airspace System, thereby representing a congressional determination that the public 

interest is served by making these technologies more widely available at the earliest practicable date. 

The Petition represents a way for the FAA to move incrementally, while still satisfying its congressional 

mandate and meeting its obligation to enhance the public interest by making new technologies available 

by allowing the use of sUAS technologies in a manner that protects the public and the rest of the 
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aviation community from significant risk. The commercial activities by Petitioner proposed in the 

Petition represent contributions to new forms of air commerce, thereby fulfilling the FAA’s statutory 

mandate under the 2012 Act.

7. Granting the Petition will enhance aviation safety, thereby advancing the public interest. The 

Petitioner has committed itself in the Petition to safety practices that reduce or eliminate hazards to 

aircraft in the National Airspace System and to persons and property on the ground. Many others are 

flying sUAS without regard to these hazards. Granting the Petition will offer the Petitioner up as an 

example of how the FAA is willing to accommodate the new technology when it is constrained by 

appropriate limitations to enhance safety. It will also allow the Petitioner to be a role model for safe 

commercial sUAS operations.

Thank you very kindly for exemption consideration.

Sincerely

Scott David Pitta
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APPENDIX A

FAR SUBJECT JUSTIFICATION

14 CFR Part 21 Aircraft certification 

requirements and procedures.

Designed for manned

aircraft; not suitable for

off-the-shelf sUAS.

14 CFR § 43.3 Persons authorized to perform 

maintenance, preventive 

maintenance, rebuilding, and 

alterations.

Off the shelf sUAS are 

assembled and inspected by the 

operators. Petitioner will 

perform this function IAW 

manufacturer 

recommendations. 

14 CFR § 45.23(b) Requirement to display 

registration number on vehicle.

Insufficient space on vehicle. 

14 CFR § 61 Requirement for pilot certificate 14 CFR § 61 does provide 

specific training & medical 

certification requirements for 

UAS Pilots. Petitioner holds 

Airline Transport Pilot: 

Rotorcraft, Helicopter 

Certificate 

14 CFR § 91.9 (b) (2) Civil aircraft flight manual, 

marking, and placard 

requirements.

No one aboard to read

Manual.

14 CFR § 91.103(b) (2) Preflight action Designed for manned

aircraft; not suitable for

off-the-shelf sUAS.

14 CFR § 91.105 Flight crewmembers at stations Designed for manned

aircraft; not suitable for

off-the-shelf sUAS.

14 CFR § 91.109 Requirement for dual

controls during flight

instruction

No one aboard to operate

controls

14 CFR § 91.119 Minimum altitudes for safe

flight

Section 333 of the FAA Reform 

Act requires operation

below these altitudes

14 CFR § 91.121 Altimeter settings UAS utilize GPS for altitude 

information. Operations utilize 

AGL altitude restrictions. 

14 CFR § 91.151 Fuel requirements Vehicle does not use fuel

14 CFR § 91.203 (a) & (b) Requirement for registration

and airworthiness

certificates to be onboard

No one aboard to read

certificates
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FAR SUBJECT JUSTIFICATION

14 CFR § 91.205 Powered civil aircraft with 

standard category U.S. 

airworthiness certificates: 

Instrument and equipment 

requirements.

No one aboard to read

14 CFR § 91.207 Emergency locator transmitters Designed for manned

aircraft; not suitable for

off-the-shelf sUAS.

14 CFR § 91.215 ATC transponder and altitude 

reporting equipment and use.

Designed for manned

aircraft; not suitable for

off-the-shelf sUAS.

14 CFR § 91.403 Maintenance, Preventive 

Maintenance, and Alterations

Designed for manned

aircraft; not suitable for

off-the-shelf sUAS. Petitioner 

will perform maintenance IAW 

manufacturer 

recommendations.

14 CFR § 91.405 Maintenance required Designed for manned

aircraft; not suitable for

off-the-shelf sUAS. Petitioner 

will perform maintenance IAW

manufacturer 

recommendations. 

14 CFR § 91.407 Operation after maintenance, 

preventive maintenance, 

rebuilding, or alteration.

Off the shelf sUAS are 

assembled and inspected by the 

operators. Petitioner will 

perform this function IAW 

manufacturer 

recommendations. . 

14 CFR § 91.409 Inspections Off the shelf sUAS are 

assembled and inspected by the 

operators. Petitioner will 

perform this function IAW 

manufacturer 

recommendations. 

14 CFR § 91.417 Maintenance Records Designed for manned

aircraft; not suitable for

off-the-shelf sUAS. Petitioner 

will perform maintenance IAW 

manufacturer 

recommendations.