1 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.2

This Petition is submitted to fulfill Congress’ goal under Se ction 333(a) through (c) of the Reform Act, which directs the Secretary of Transportat ion to consider whether certain unmanned aircraft systems may operate safely in the nation al 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, spe ed, 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 airs pace 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 authori ty to grant exemptions from its regulatory requirements for civil aircraft, a term defined under §40 101 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 sect ion or any sections 44702-44716 of the Federal Aviation Act if Administrator finds the exem ption 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 five3

pounds and has a maximum gross weight of approximately twenty pounds. It has a top speed of approx imately 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 approx imately 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 equipm ent. 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. B efore 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 Bl ackhawk 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, Ce rtified Flig ht 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 R iddle 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 an d 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 i n 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 Fed eral entities. The professional relationships he’s cultivated with Federal, State and Local authorities in and around Massachusetts, as well as countless Fi re, Police, and Inspectional departments would serve as a conduit4

to safe sUAS implementation into the local airspace. His significant aeronautical safety management experience with full scal e helicopters will serve as the backb one for safe, efficient sUAS operations in numerous rol es. His business model includes but is not limited to UAS operations training; Infrastructure, building, and land inspections; Law Enforcement operation s support ; and Emergency Operations / Storm respo nse 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 d eployment 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, t he 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 fl ight 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 fut ure 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, aeri al dissemination of informa tion (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 petit ioner 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...5

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 Petit ioner will not conduct flight operations of any kind without a minimum of two dedicated personnel . A PIC and a Second In Command / O bserver will be presen t 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 leve l, 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 petition er 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 Ce rtificate 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 e arly 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 suppo rt more than 23,000 high-paying jobs in the United States. . . . The absence of a plan to i ntegrate UASs into the NAS is a barrie r to such job creation . . . ." 1 Granting the Petition represents a step toward such integration, in the absenc e of a comprehensive regulatory regime for sUAS, and thus would serve the Congressional goal and the public interest.

1 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).6

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 d eveloping appropriate and effective trai ning 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 wi th new aeronautical technology and its implementation assisti ng Federal, State, and Local governments agencies. The rules from which Petitioner seeks exemption artifici ally 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 gove rn 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 declaratio n that encouraging new aviation technologies advances the public interest. The FAA itself has re cognized the public interest in its role of "Encouraging and developing civil aeronautics, inclu ding 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 Stat es because of the rapid pace of innovation in aeronautic al and associated technologies, foll owed 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 usi ng 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 3 30 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 ste ps by the FAA to accelerate the availability of these technologies in the National Airspace System, thereby representi ng 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 congre ssion al mandate and meeting its obligation to enhance the public interest by making new technol ogies available by allowing the use of sUAS technologies in a manner that protects the publ ic and the rest of the7

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 pub lic interest. The Petitioner has committed itself in the Petition to safety pra ctices 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 thes e 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 mode l for safe commercial sUAS operations. Thank you very kindly for exemption consideration. Sincerely

Scott David Pitta8 **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 fli ght 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 certificates9 **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. P etitioner 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.