Commercial sUAS Operations in the NAS?

Under the heading of Department of Transportation is the petition for exemption made by Mr. Gus Calderon for various sections of 14 CFR parts; 21.191 and 91.319 to operate a sUAS within VLOS. Federal Register as referenced in Podcast #36

Patrick speaks to Gus and James in 30 minutes time, any questions to [email protected]

Docket No.: FAA-2012-0897
Petitioner: IsisCopter, LLC
Section of 14 CFR Affected: 14 CFR
21.191 and 91.319
Description of Relief Sought: IsisCopter seeks relief to operate small unmanned aircraft systems within visual line of sight of the pilot in command for commercial purposes.

The following 14 CFR sections are posted here as reference and read ahead for the discussion on the podcast, as well as for the benefit of those who may want to support or emulate Mr. Calderon’s efforts.



Title 14: Aeronautics and Space








Subpart H: Airworthiness Certificates


21.191 – Experimental certificates.


Experimental certificates are issued for the following purposes:


(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft.


(b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.


(c) Crew training. Training of the applicant’s flight crews.


(d) Exhibition. Exhibiting the aircraft’s flight capabilities, performance, or unusual characteristics at air shows, motion picture, television, and similar productions, and the maintenance of exhibition flight proficiency, including (for persons exhibiting aircraft) flying to and from such air shows and productions.


(e) Air racing. Participating in air races, including (for such participants) practicing for such air races and flying to and from racing events.


(f) Market surveys. Use of aircraft for purposes of conducting market surveys, sales demonstrations, and customer crew training only as provided in ? 21.195.


(g) Operating amateur-built aircraft. Operating an aircraft the major portion of which has been fabricated and assembled by persons who undertook the construction project solely for their own education or recreation.


(h) Operating primary kit-built aircraft. Operating a primary category aircraft that meets the criteria of ? 21.24(a)(1) that was assembled by a person from a kit manufactured by the holder of a production certificate for that kit, without the supervision and quality control of the production certificate holder under ? 21.184(a).


(i) Operating light-sport aircraft. Operating a light-sport aircraft that?


(1) Has not been issued a U.S. or foreign airworthiness certificate and does not meet the provisions of ? 103.1 of this chapter. An experimental certificate will not be issued under this paragraph for these aircraft after January 31, 2008;


(2) Has been assembled?


(i) From an aircraft kit for which the applicant can provide the information required by ? 21.193(e); and


(ii) In accordance with manufacturer’s assembly instructions that meet an applicable consensus standard; or


(3) Has been previously issued a special airworthiness certificate in the light-sport category under ? 21.190.


[Amdt. 21-21, 38 FR 6858, May 7, 1968, as amended by Amdt. 21-57, 49 FR 39651, Oct. 9, 1984; Amdt. 21-70, 57 FR 41369, Sept. 9, 1992; Amdt. 21-85, 69 FR 44862, July 27, 2004; Amdt. 21-85, 69 FR 53336, Sept. 1, 2004]



§ 91.319

Aircraft having experimental certificates: Operating limitations.

(a) No person may operate an aircraft that has an experimental certificate—

(1) For other than the purpose for which the certificate was issued; or

(2) Carrying persons or property for compensation or hire.

(b) No person may operate an aircraft that has an experimental certificate outside of an area assigned by the Administrator until it is shown that—

(1) The aircraft is controllable throughout its normal range of speeds and throughout all the maneuvers to be executed; and

(2) The aircraft has no hazardous operating characteristics or design features.

(c) Unless otherwise authorized by the Administrator in special operating limitations, no person may operate an aircraft that has an experimental certificate over a densely populated area or in a congested airway. The Administrator may issue special operating limitations for particular aircraft to permit takeoffs and landings to be conducted over a densely populated area or in a congested airway, in accordance with terms and conditions specified in the authorization in the interest of safety in air commerce.

(d) Each person operating an aircraft that has an experimental certificate shall—

(1) Advise each person carried of the experimental nature of the aircraft;

(2) Operate under VFR, day only, unless otherwise specifically authorized by the Administrator; and

(3) Notify the control tower of the experimental nature of the aircraft when operating the aircraft into or out of airports with operating control towers.

(e) No person may operate an aircraft that is issued an experimental certificate under § 21.191(i) of this chapter for compensation or hire, except a person may operate an aircraft issued an experimental certificate under § 21.191(i)(1) for compensation or hire to—

(1) Tow a glider that is a light-sport aircraft or unpowered ultralight vehicle in accordance with § 91.309; or

(2) Conduct flight training in an aircraft which that person provides prior to January 31, 2010.

(f) No person may lease an aircraft that is issued an experimental certificate under § 21.191(i) of this chapter, except in accordance with paragraph (e)(1) of this section.

(g) No person may operate an aircraft issued an experimental certificate under § 21.191(i)(1) of this chapter to tow a glider that is a light-sport aircraft or unpowered ultralight vehicle for compensation or hire or to conduct flight training for compensation or hire in an aircraft which that persons provides unless within the preceding 100 hours of time in service the aircraft has—

(1) Been inspected by a certificated repairman (light-sport aircraft) with a maintenance rating, an appropriately rated mechanic, or an appropriately rated repair station in accordance with inspection procedures developed by the aircraft manufacturer or a person acceptable to the FAA; or

(2) Received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

(h) The FAA may issue deviation authority providing relief from the provisions of paragraph (a) of this section for the purpose of conducting flight training. The FAA will issue this deviation authority as a letter of deviation authority.

(1) The FAA may cancel or amend a letter of deviation authority at any time.

(2) An applicant must submit a request for deviation authority to the FAA at least 60 days before the date of intended operations. A request for deviation authority must contain a complete description of the proposed operation and justification that establishes a level of safety equivalent to that provided under the regulations for the deviation requested.

(i) The Administrator may prescribe additional limitations that the Administrator considers necessary, including limitations on the persons that may be carried in the aircraft.

(Approved by the Office of Management and Budget under control number 2120-0005)

[Doc. No. 18334, 54 FR 34308, Aug. 18, 1989, as amended by Amdt. 91-282, 69 FR 44881, July 27, 2004]