Leptron Confidential

Leptron Industrial Robotic Helicopters, Inc.

Petition for Exemption Under Section 333 of the Federal Aviation 

Administration (FAA) Reform Act and Part 11 of Title 14 CFR for Small

Unmanned Aircraft Systems (sUAS)

DOT Docket: ____________

Name and Address of Petitioner

Leptron Industrial Robotic 

Helicopters, Inc.

Attn: John Oakley

Geotech Environmental Equipment, 

Inc.

2650 E. 40th Ave.

Denver, CO 80205

john@leptron.com

(303) 320-4764

Consultant for Petitioner

UASolutions Group, Inc.

Attn: Kelly Neubecker

2518 Auburn Drive

Cocoa, FL 32926

kellyneubecker@uasolutionsgroup.com

321-261-2547
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U. S. Department of Transportation

Docket Operations

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition for an Exemption to Conduct Small Unmanned Aircraft Systems (sSUAS) 

Operations Allowed by Section 333 of the Federal Aviation Administration Modernization 

and Reform Act of 2012 Through the Exemption Process Under 14 C.F.R. Part 11

A. Summary

Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization 

and Reform Act of 2012 (“FMRA”) and 14 C.F.R. Part 11, Leptron Industrial Robotic 

Helicopters, Inc. (“Leptron”) (hereafter known as the “Petitioner”), seeks exemption from the 

following listed Code of Federal Regulations (“CFR”) to allow commercial operation of its 

Leptron Avenger sSUAS within the National Airspace System (NAS) for controlled, low-risk,

precision aerial mapping, surveying, and topography recording conducted within and under the 

conditions outlined herein or as may be established by the FAA, as required by Section 333

requirements. 

As described more fully below, the requested exemption would permit the operation of 

the Avenger sUAS by Petitioner under controlled conditions in predetermined airspace that is

1) Limited in scope 2) Controlled as to access by mission essential personnel only and 

3) Provides improved safety controls and efficiency to the aerial mapping and surveying industry 

presently using conventional aircraft. Approval of this exemption would thereby enhance safety 

and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to 

“...establish requirements for the safe operation of such aircraft systems in the national airspace 

system” as stated within Section 333(c) of the FMRA. In making this determination, the 

Secretary is required to determine which types of sUAS do not create a hazard to users of the 

NAS or the public or pose a threat to national security in light of the aircraft’s size, weight, speed 

and operational capability; Operation of the sUAS in close proximity to airports and population 

centers; Operation of a sUAS within visual line of sight of the operator.

Grant of the requested exemption is in the public interest based upon the concise 

direction expressed within section 333 of the reform act; the added authority granted by the Act, 
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as amended; an equivalent level of safety regarding flight operations as expressed herein, and 

significant cost savings achieved by transitioning from traditional manned aerial resources to 

sUASs. The petitioner respectfully requests that the FAA grant the requested exemption without 

delay. Petitioner will operate its Avenger sUAS while keeping the documents required by the 

regulations at the ground control station and immediately accessible to the Pilot In Command

(PIC) and by modification of the required markings (registration number) of the sUAS to be 

displayed on the fuselage of the unmanned aircraft.

B. Regulations – Exemptions Requested

a. 14 C.F.R. 45.27(a), 

b. 14 C.F.R. 61.113(a) and (b), 

c. 14 C.F.R. 91.7(a), 

d. 14 C.F.R. 91.105, 

e. 14 C.F.R. 91.119(c), 

f. 14 C.F.R. 91.121, 

g. 14 C.F.R. 91.151(b), 

h. 14 C.F.R. 91.405(a), 

i. 14 C.F.R. 91.407(a)(1), 

j. 14 C.F.R. 91.409(a)(1) and (b), and 

k. 14 C.F.R. 91.417(a) and (b). 

C. Corporate Background

Leptron is a 12 year-old UAS developer and manufacturer with a long and wellrecognized history in sUAS aerial imagery and precision photography. Petitioner’s products 

currently excel in the safe collection of aerial imagery from both manned and unmanned 

platforms for the purpose of developing highly accurate aerial maps for various Government 

clients utilizing multiple applications. As set forth herein, Petitioner seeks to operate its rotary 

wing Avenger commercially for this special purpose of low-risk, precision aerial mapping, 

surveying, and topography recording, continuing an established legacy that has always sought the

highest standards of operations and safety.

D. Airworthiness of the Avenger

A critical element of consideration for grant of the petition is evidence of an equivalent 

level of safety for airworthiness of the sUAS. The FAA has been authorized to exempt aircraft 

from the requirement for an actual airworthiness certificate in accordance with the statutory 

criteria provided in Section 333 of PL 112-95 in reference to 49 USC 44704, in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its operation. 
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However, Petitioner believes it has achieved compliance with various requirements including 

many specifics included within FAA Order 8130.34 series that ensures the safety of operations. 

The criteria set forth in that order demands that substantive documentation concerning the 

aircraft’s safety has been compiled.

E) Leptron Avenger Summary 

1. LEPTRON AVENGER

Petitioner seeks an exemption to operate the Leptron Avenger for limited approved 

commercial purposes within the NAS1. The Avenger is a sUAS that is comprised of an airborne

unmanned aircraft and a transportable ground station. The Avenger has a maximum gross 

takeoff weight of approximately 35 pounds or less, depending upon payload, with a wingspan of 

72.5 inches, a length of 83.93 inches, and a height of 21 inches with standard gear. The 

Avenger is equipped with a single rotor driven by a lithium polymer battery powered 10,000

Watt electric main motor and a 2,200 watt tail motor.

Figure 1 depicts the Leptron Avenger with registration number displayed in

accordance with 14 C.F.R. Part 45.

 

1 Leptron has already reserved one registration number [N822LP], as displayed in Figure 1, and will submit 

additional Aircraft Registration Applications as required, upon the grant of the exemptions sought by this petition.
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2. Proven Operational History of the Leptron Avenger in the NAS. 

The Leptron Avenger is acquiring substantial system maturity. It is currently operating

safely within the NAS pursuant to approximately fourteen (14) COAs granted by the FAA to

Arlington Texas Police Department, Central Michigan State University, Texas A&M University 

and New Mexico State University. 

Petitioner proposes that requirements should take into account the characteristics of the 

particular sUAS. The Avenger is characterized by a high degree of pre-programmed control, 

various built-in technical capabilities that limit the potential for operation outside of the 

operating conditions as set forth below, and many built-in functional, safety and redundancy 

features to ensure a safe and reliable operation.

In support of these characteristics, and to provide the details for review by the FAA, 

Petitioner submits the following documents and manuals as attachments to this exemption 

request as a set of Confidential Documents under 14 CFR 11.35(b) as each document and manual 

contains proprietary information that the applicant has not and will not share with others. The 

documents and manuals contain specifications, operating conditions and procedures, 

maintenance procedures and a safety management program that are not available to the public 

and are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

• Leptron Avenger B Flight Operation’s Manual (FOM) and Center of Gravity 

Overview

• Leptron Standard Operating Procedures (SOP)

• Leptron Aircrew Training Procedures and Avenger B Training Manual 

• Leptron Inspection and Maintenance Manual

• Leptron Safety Manual

F. Regulatory Basis for Petition

Petitioner, pursuant to 14 C.F.R. §§ 11.61(b), 11.81, 2and the FAA Modernization and

Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain Unmanned Aircraft

Systems (“Section 333”), hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 

91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

 

2

14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief from 

current regulations in 14 C.F.R.”), 14 C.F.R. § 11.81 (“What information must I include in my 

petition for an exemption”)?
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1. Section 333 

Congress identifies Section 333 of the FMRA, as a pathway for “expedited operational 

authorization” of certain sUAS in the NAS. Section 333 (b)(1) (“expedited operational 

authorization.”).

3

 Under Section 333 Congress mandates that the FAA “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” (Section 333(a)) upon consideration of its “size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight.” 

Section 333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish 

requirements for the safe operation.” Section 333(c). The FAA further may find that the sUAS does 

not require “airworthiness certification under section 44704 of title 49, United States Code.” Section 

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f) (authorizing the grant of 

exemptions from safety regulations and minimum standards under Section 44701(a) and (b) and 

Sections 44702-44716).4

For the reasons addressed herein, this Petition qualifies for expedited approval of 

Petitioner’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701.

G. Leptron Avenger Statutory Criteria for Exemption under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within Visual Line of Sight (“VLOS”) of the PIC, with 

the assistance of a visual safety observer (“VO”), and confined within the boundaries of a 

consenting landowner’s property and not in the proximity of airports or populated areas, the 

 

3

See also www.faa.gov/sUAS/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft

systems in the NAS.”).

4

See e.g. 49 USC §44711(a)(1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in 

violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R. §91.203

(a)(1) (carry airworthiness certificate)).
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Avenger is the very category of sUAS that qualifies for expedited approval under Section 333.

1. Section 333(b)(1) Criteria

a. Size

The Leptron Avenger measures approximately 19.75 inches in height and 58 inches 

wide, with a wingspan of 72.5 inches.

b. Weight

The Leptron Avenger has a maximum gross weight of 35 lbs.

c. Speed

The Leptron Avenger has a maximum autopilot limited speed of approximately 12 

Meters per second (M/S) (24 KTS). However, Petitioner typically operates the aircraft at below

10 M/S (20 KTS).

d. Operational Capability

The Leptron Avenger was specially designed for high or low altitude surveillance, 

photography, and sensor management. Supported by electric batteries that are rechargeable, the

Avenger can fly from 20 – 60 minutes (*depending upon atmospheric conditions) and carry a 

variety of cameras or sensors. Other Operational metrics of the Avenger are as follows:

Unmanned Aircraft 

System

The Leptron Avenger is a sUAS that is comprised of an unmanned

aircraft (UA) and a transportable ground station.

Serial No. LEP 822

Unmanned Aircraft

Dimensions

Rotor Diameter: 

72.25 in. 

Length: 83.93 in.
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Engine 

(Propulsive Unit)

Engine (Propulsive Unit)

The aircraft uses a 10,000 Watts electric main motor and a 2,200 watt 

tail motor.

FAA Motor Type Certificate: None

Electric-powered propulsion systems.

a. Type of Motor - 395 KV Electric Main, 900 KV Electric tail 

b. Current draw range – Total System current draw cruise = 30 

Amps and Max total system current draw = 360 Amps

c. All electrical demands are derived from the unmanned aircraft’s 

battery system.

Make: LEPTRON-AVGR

Model: 1000

Fuel Not Applicable.

NOTE: The Leptron Avenger sUAS is powered by a lithium

polymer rechargeable battery.

Engine (Propulsive Unit) 

Limits

Engine (Propulsive Unit)

The aircraft uses a 10,000 Watts electric main motor and a 2,200 watt 

tail motor.

FAA Motor Type Certificate: None

Electric-powered propulsion systems.

a. Type of Motor - 395 KV Electric Main, 900 

KV Electric tail 

b. Current draw range – Total System current 

draw cruise = 30 Amps and Max total 

system current draw = 360 Amps

c. All electrical demands are derived from the 

unmanned aircraft’s battery system.

Make: LEPTRON-AVGR

Model: 1000

Propeller and 

Propeller

Limits

FAA Propeller Type Certificate: None

Propeller Type: 2-blade, hinged (folding), carbon fiber reinforced 

plastic, fixed pitch, tractor

Diameter (Nominal): 17.25 in.

Battery Command & 

Control

Thunder Power Air Vehicle Battery P/N Leptron 6S powers the

motor, and battery command and control.
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Airspeed Limits Vne (Never Exceed Speed) 12 m/s

Vno (Maximum Structural Cruising Speed) 48 knots (25 m/s) 

Va (Maneuvering Speed) 12 m/s knots (25 m/s)

Landing Speed: VTOL – Vertical 1.5 M/s

Empty Weight C.G. 

Range

3-3.5 inches for or aft of datum

Datum Center of main rotor shaft

Mean Aerodynamic

Chord (MAC)

NA

Leveling Means Not Applicable.

Maximum Weights 14.52 KG (35 lbs)

Empty Weight 4.99 KG (11 lbs)

NOTE: Empty Weight Excludes weight of battery and 

payload modules.

Frequencies 902-928 MHz (ISM Band)

2.4 GHz (ISM Band)

NOTE: FCC license is not required to utilize the above 

frequencies; uplink and downlink are on the 900Mhz band. If 

video is utilized, uplink, downlink, and video are all on

2.4 Ghz.

Computer Software Avionics embedded processor – UTC Aerospace Cloud Cap 

Technologies

Minimum Crew (1) The Leptron [model] sUAS can be operated by a single operator

Number of Seats (0) Not Applicable

Fuel Capacity Not Applicable

Oil Capacity Not Applicable

Max. Operating Altitude 1,000 ft. AGL (304 M)

Control Surface

Movements MAIN ROTOR – VARIABLE PITCH +/-5

TAIL ROTOR – VARIABLE PITCH +12/-12°

Nominal Endurance 30 minutes above 32 °F (0 °C)

15 minutes below 32 °F (0 °C)

Ambient Outside Air

Temperature (OAT)

Maximum OAT: 120 °F (49 °C)

Minimum OAT At Altitude: 0°F

Wind Limitation 40 MPH

Maintenance This Leptron Avenger must be maintained in accordance with the

Leptron Inspection and Maintenance Manual, or later FAA 

accepted revision.

e. Proximity to Airports/Population Centers or Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to
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low risk rural areas within Class G airspace at an altitude of no more than 400 feet above ground 

level (“AGL”) as indicated in the SOP. All altitudes reported to ATC will be in AGL when 

required. Any operations conducted within 5 nautical miles (NM) of the geographic center of a 

non-towered airport will obtain a Letter of Agreement with the appropriate airport management 

and made available to FAA upon request. In addition, access to any property will be limited to 

the persons associated with and necessary for flight operations.

f. Visual Line-of-Sight

The minimum crew for each operation will consist of a PIC and VO. The VO will be 

used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always 

maintain VLOS with the sSUAS. The Leptron Avenger will at all times be flown by Petitioner

only in the daytime (not at night) under VMC within VLOS of the PIC (typically within a range 

less than 500 feet slant distance) with the further assistance of the VO with whom the PIC will 

have the ability for direct and continuous two-way verbal communications

5

so as to ensure that 

the flight operations remain within the PIC’s VLOS and prescribed flight boundaries and deconflict with objects in the air and on the ground. Thus, pursuant to the FAA Order 8900.1 

Volume 16, Chapter 1, Section 3, the proposed operations will provide an approved method of 

control and collision avoidance to satisfy the “see and avoid” requirement of 

14 C.F.R. § 91.113:

Only qualified and current PIC’s and VOs, as provided in the SOP will be used.

2. Other Factors

a. Leptron Avenger Safety Systems 

Including as noted above, the Avenger sSUAS is replete with MechaniSafety Operations 

Procedures to ensure safe operations and protect persons and property on the ground. In addition 

to having an experienced operator/PIC and VO, the Avenger sSUAS has a variety of integrated

safety systems, including:

 Redundant Communications: The Avenger has two (2) simultaneous 

communications links that allow for backup and safe operations. This 

includes a 2.4 GHz wireless hand held radio and a 900 MGhz laptop ground 

 

5

[PIC and VO are within speaking distance and all communications between PIC and VO will be 

without communications equipment]
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station link. Both links must be terminated to execute a ‘Lost 

Communication’ return home logic.

 Flight Plan Altitude Constraints: The Avenger has the ability for the 

operators to set Maximum and Minimum flight altitudes for a specific flight 

‘corridor’ for safe operations. 

 Flight Safety Logic: The Avenger has the ability for the operators to set 

safety return logic including: Exceeding a pre-set flight timer, Loss of GPS, 

Loss of Communications, Max and Min Altitude, and Low Voltage. The 

Avenger is also equipped with Geo-fencing logic, capable of restricting it 

within pre-programmable flight boundaries. This may be accomplished by 

setting permanent borders on the ground station or setting additional 

temporary files after the flight has begun. Additional features include 

fencing off buildings, trees, power lines, poles, etc.

 Ground Station Warnings: The Avenger Ground Station has many visual 

operator cues for error conditions such as low Relative Signal Strength 

Indicator (RSSI) strength, low battery, low RPM, low system parameters, 

and many other real time conditions. The system also offers color-coded 

‘Dashboard’ lights for the operator.

 Double Entry – The Avenger Ground Station has double entry response 

window for all in-flight parameter changes. This allows the user to not send 

incorrect information without two verification mouse clicks. 

b. Safety Management System

A Safety Management System (“SAFETY OPERATIONS PROCEDURES”) will

regulate Petitioner’s operation of the Avenger and will significantly contribute to maintaining

the level of safety contemplated by the airworthiness certificate requirements from which

Petitioner now seeks relief.

Pursuant to the SAFETY OPERATIONS PROCEDURES and 14 C.F.R. § 43.13, 

entitled Performance Rules (general), each person performing maintenance, alteration, or 

preventive maintenance on the Avenger, motor, propeller, or appliance shall use the methods,

techniques, and practices prescribed in the current manufacturer's Inspection and Maintenance
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Manual or Instructions for Continued Airworthiness prepared by its manufacturer, or other

methods, techniques, and practices acceptable to the Administrator. Each person shall use the

tools, equipment, and test apparatus necessary to assure completion of the work in accordance

with accepted industry practices.

c. Flight Operation Limitations and Safety

To ensure consistent safety operations, Petitioner has developed a detailed Flight

Operations Manual (FOM) for the Leptron Avenger sSUAS based on extensive use and

experience, procedures and notices provided by Leptron, and guidance the FAA has provided 

to obtain exemption under Section 333, (submitted on a proprietary and confidential basis to 

the FAA).

In seeking this exemption, Petitioner proposes to operate the Avenger pursuant to the

following specific operating limitations, as also addressed in the SOP:

1. Flight operations are permitted only in Class G Airspace.

2. The Avenger shall only be operated at or below 400 ft AGL.

3. The Avenger shall be operated within VLOS of the PIC and safety VO.

4. The Avenger shall be operated pursuant to Day Visual Flight Rules (VFR) in visual

meteorological conditions (VMC). The Avenger shall be operated only during

daylight hours (i.e. between the end of morning civil twilight and the beginning of 

evening civil twilight, as published in the American Air Almanac, converted to

local time).

5. The Avenger shall operate from on-site takeoff/landing locations directly next to

the PIC and co-located VO. The PIC and the VO shall be able to verbally 

communicate during all operations. 

6. Operations shall be conducted by certificated airmen who possess a minimum 

of a Private Pilot’s Certificate and a valid third class medical certificate, as 

well as completed training, checking, currency, and recency of experience. 

7. The PIC requirements will include the following:

a. FAA licensed airman possess a minimum of a Private Pilot’s Certificate and 

a valid third class medical certificate.

b. The PIC shall have accumulated and logged (in a manner consistent with 14 

C.F.R. § 61.51(b)) a minimum of 50 flight cycles and 12 hours of total time as 

a sUAS rotorcraft pilot and at least ten hours as a sUAS pilot with a similar 

sUAS type (dual-rotor), such log of which shall be made available to the 

Administrator upon request. 
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c. The PIC shall have accumulated and logged (in a manner consistent with 14 

C.F.R. § 61.51(b)) a minimum of five flight hours as a sUAS pilot operating 

the make and model of sUAS to be used for operations under the exemption 

(e.g. Leptron Avenger) and three take-offs and three landings in the 

preceding 90 days, such log of which shall be made available to the 

Administrator upon request. 

d. Have successfully completed the qualification process as specified in the 

SOP to include a knowledge and skill test in accordance with the Aircrew 

Training Manual.

e. Meet flight review requirements as specified in 14 CFR §61.56 in an 

aircraft in which the PIC is rated on their pilot certificate.

8. The PIC and VO will have been trained in the operation of sUAS generally and 

received up-to-date information on Avenger operations.

9. The VO will hold at least a third class medical and will have training to 

communicate to the PIC any instructions necessary for safe operations.

10. If a pilot certificate holder other than the PIC, who possesses the necessary PIC 

qualifications, is also present during flight operations, that person can also be 

designated as PIC and will follow the procedures as defined within the FOM to 

assume control.

11. A briefing will be conducted in regard to the planned operations prior to each 

flight as detailed within the SOP. It will be mandatory that all personnel who are 

performing duties within the boundaries of the flight operations safety perimeter 

be present for the briefing.

12. The Avenger will only operate within a confined geographic area as defined in 

the subsequent COA.

13. At least three (3) days before scheduled operations, operator shall submit a written 

Plan of Activities to the local Flight Standards District Office (FSDO) with 

jurisdiction over the area of proposed operations, such submission of which may 

be waived with the concurrence of the FSDO. If required by the FSDO to be 

submitted, the Plan of Activities shall include: dates and times for all flights; 

operator’s and on-scene flight operator’s name and phone number; sUAS make, 

model and serial or N-number; PIC’s name and certificate number; statement that 

the operator has obtained permission from property owners and/or local officials to 

conduct the operations (such list of those who gave permission to be made 

available upon request); description of the planned flight activity, including, as 
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applicable, maps or diagrams of the area, city, town, county and/or state over 

which the operation will be conducted, and the altitudes essential to accomplish 

the operation; signature of the exemption holder or representative. 

14. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any actual flight operations.

15. Petitioner will file a NOTAM for each flight no more than 72 hours but no less 

than 48 hours prior to each flight with the appropriate FSDO.

16. Any operations that will be conducted within 5 nautical miles (NM) of the 

geographic center of a non-towered airport will obtain a Letter of Agreement 

with the appropriate airport management and made available to FAA upon 

request.

17. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed 

flight a communication with the nearest local Air Traffic Control facility 

indicating location, altitude and duration of the proposed flight.

18. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies at least 12 hours in advance of any flight 

operation.

19. The Avenger shall be marked with an identification (N-Number) in accordance 

with 14 C.F.R. § 45.23, such markings to be as large as practicable pursuant to 14 

C.F.R. § 45.29(f), and identified by a serial number registered in accordance with 

14 C.F.R. Part 47.

20. All flights will remain clear and yield the right of way to all other manned 

operations and activities at all times, including, but not limited to: ultralight 

vehicles, parachute activities, parasailing activities, hang gliders, etc.

21. Flights 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.

22. For the proposed flight operation, only one Avenger shall be airborne at any

given time.

23. The Avenger shall only be operated at or below an airspeed of 12 Meters Per 

Second (24kts).
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24. Prior to performing any flight operations, the PIC and VO shall have 

successfully completed a qualifying process, as provided in the FOM and SOP.

25. Any time the UA is operating, all documents required under 14 C.F.R. § 91.9 

and § 91.203 shall be available to the PIC at the GCS. Such documents shall be 

made available to the Administrator or any law enforcement official upon 

request. 

26. The UA shall not be operated directly over any person, except authorized and 

consenting personnel required for flight/imaging operations, 

27. Prior to performing any flight operations, a pre-flight checklist will be used by a

qualified PIC as provided in the SOP. Documentation of such pre-flight check 

shall be made in the aircraft records and such records shall be made available to

the Administrator upon request.

28. The radio frequency spectrum used for operation and control of the UA shall 

comply with the requirements of the SOP. The Avenger shall at all times be 

operated to ensure a safe distance away from all participating and nonparticipating personnel, at least 500 feet away from persons not involved in the 

flight operations (non-participating persons). This distance may be reduced to no 

less than 200 feet if it would not adversely affect safety and such person provides 

his/her prior consent.

29. Other than for takeoff and landing, the UA shall be operated at least 100 feet 

away from persons involved in the flight operations (participating persons), such 

participating persons shall at all times be essential to the flight operations and 

have provided prior written consent to their participation in such operations. 

30. The flight will be terminated at 20% battery power reserve or 12 minutes, 

whichever occurs first.

31. Prior to each flight, the PIC shall inspect the Avenger, including any inoperable 

components, items or equipment, to ensure it is in an airworthy condition for 

safe flight. If the inspection reveals a condition that affects flight readiness or

safe operations, the Avenger shall not be operated until the necessary 

maintenance has been performed and it is found to be in a condition for safe 

flight. Any discrepancies and all maintenance or alterations shall be 

documented in the aircraft records, such records to be made available to the 
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Administrator upon request.

32. Except as may be designated otherwise for Fail-Safe operations, the Avenger

shall take off and land at a location within the boundaries of the subject property

next to the PIC.

33. Upon loss of communication or GPS signal, the Avenger shall return to a 

predetermined location within the boundaries of the landowner’s property and 

land or be recovered in accordance with the FOM.

34. In the event of an emergency or unanticipated obstacle to planned operations, 

the operation shall be aborted and the Avenger, if airborne, shall return to a 

predetermined location.

35. The Avenger shall be maintained in accordance with the manufacturer’s

Maintenance Manual, including any amendments or updates thereto. All 

amendments or updates shall be tracked and a record of such amendments or 

updates shall be maintained and made available to the Administrator upon 

request.

36. All maintenance to be performed on the Avenger shall be performed by a 

technician qualified pursuant to the criteria provided in the Maintenance 

Manual. 

37. The operator shall follow the manufacturer’s aircraft/component, maintenance, 

overhaul, replacement, inspection and life limit requirements, as provided in the 

Inspection and Maintenance Manual. Any incident, accident or flight operation 

that transgresses the lateral or vertical boundaries of the operational area as 

defined by the applicable COA shall be reported to the FAA’s UAS Integration 

Office within 24 hours. Accidents shall also be reported to the National 

Transportation Safety Board (NTSB). Further flight operations shall not be 

conducted until the incident, accident or transgression is reviewed by the UAS

Integration Office and authorization to resume operations is provided.

c. Privacy 

Petitioner will comply with all federal, state, and/or local privacy regulations that may 

apply in the areas in which Petitioner will operate the Avenger pursuant to this Petition. Further, 

Petitioner’s policy is to avoid operations that might invade personal privacy in accordance 

with Petitioner’s privacy policy available to the administrator upon request. 
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d. Physical Security

In order to ensure its safe and proper use, Petitioner will be the only operator of the 

Avenger and the Avenger will at all times remain in Petitioner’s custody.

3. History of Safe Operations Flying the Leptron Avenger

Arlington Texas Police Department. The Leptron Avenger has been operated successfully in 

Class B airspace with the Arlington Police Department. Petitioner’s flight team has used the 

equipment in both urban and residential areas. Petitioner also has other COA’s with Central 

Michigan University, Texas A&M University, and the US Department of Agriculture. 

Additionally the Avenger has been given a US Army AWR under the US Army AED process. 

4. Lack of Threat to the NAS, Public, or National Security 

For the reasons previously addressed, including meeting Section 333(b)(1) criteria, 

Petitioner’s established record of safety and the small size of the sUAS involved and the 

controlled sterile area within which they will operate, Petitioner falls squarely within that zone 

of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by 

exemption, allow commercial operations of sUASs to commence immediately. Petitioner has 

previously demonstrated that the Leptron Avenger sUAS will be operated safely in the NAS 

without creating a hazard to other aircraft or persons or property on the ground or pose a threat to 

national security. Further, given its small size and limit load capacity, the Avenger sUAS is 

incapable of carrying any substantial external load, including explosive materials or flammable 

liquids. 

For all of these reasons, Petitioner’s proposed operations using the Leptron Avenger qualify 

for expedited approval of the sought exemption pursuant to Section 333 for the specified uses 

and under the proposed operating requirements and restrictions.

H. Public Interest Benefits 

Granting Petitioner’s request for exemption would benefit the public and have no adverse effect 

on safety for the following reasons. 

1. Public Interest Generally

The Leptron Avenger is a battery powered sUAS that serves as a safer, more efficient, and 

economical alternative to larger and heavier manned aircraft carrying flammable liquid fuels,

traditionally use for aerial surveying. This will provide for an added superior level of safety to 

persons and property in the air and on the ground than that provided by manned aircraft 

performing the same operations. No pilot or crew need be airborne and granting the exemption 
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would also decrease the number of manned aircraft in the NAS and, as a result, reduce 

congestion as well as the environmental impact of such operations. Using the Avenger also 

provides the benefit of greater operational flexibility and reduced cost when compared to manned

aircraft.

(a) Increased Aircrew Safety and Reduced Risk to Persons/Property On Ground

Because the Avenger is unmanned, the proposed operations eliminate the risk to pilot and 

crew associated with flying such aerial-surveying missions in confined airspace at low altitude. 

Further, given its small size and weight and low airspeed, using the Avenger also reduces the risk of 

damage or injury to persons or property on the ground, and in the air, were there to be an unforeseen 

mishap. 

(b) Reduced Environmental Impact

Using the Leptron Avenger sUAS instead of manned aircraft also benefits the public by 

eliminating or greatly reducing air and noise pollution associated with traditional aerial surveying

operations. Because it is battery powered and uses electric motors, the Avenger sUAS consumes 

no fuel, generates no air pollution, and creates very little noise. As a result, the public is benefited as 

a result of reduced environmental impact, reduced operator and other human exposure, and 

greater fuel conservation, which serves additionally to support our Government’s specific efforts

to reduce the U.S.’s carbon footprint.6

(c) Fewer Manned Aircraft in the NAS and Reduced Need for ATC Handling

The Leptron Avenger also does not require a runway or helipad to takeoff or land and will 

not be operated within the close proximity of any airports without prior FAA approval. As such, 

fewer aircraft will need to be handled by air traffic control during ground, takeoff, departure,

arrival, and landing phases. Operations pursuant to this Petition will further reduce the number 

of manned aircraft flying or transiting at or above 500’ AGL to and from the areas of surveying

operations as well as congestion around airports due to aircraft arrival and departure.

(d) Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Avenger than can be 

obtained using manned aircraft or other ground-based methods. Due to its small size and superior 

flight performance characteristics, the Avenger allows for images to be taken from certain locations 

and angles and with better precision than using manned aircraft. As a result, less time is needed in 

 

6 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 
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the air to obtain the desired footage, which in addition to providing the benefit of fewer aircraft in the 

NAS and associated reduced risk to objects and persons and property in the air and on the ground, 

reduced noise, etc., allows for the production of surveys, which benefits consumers. This 

additionally ensures that companies such as Leptron and its customers remain competitive and

profitable, thereby providing their employees greater job stability, which ultimately contributes

further to the U.S. economy through increased consumer spending. 

(e) Increased Operational Flexibility and Reduced Cost

Using the Leptron Avenger also provides the benefit of greater operational flexibility and 

reduced cost when compared to manned aircraft. Instead of each time having to hire a manned 

aircraft at thousands of dollars/hour, subject to the pilot’s schedule and availability, Petitioner

can operate the Avenger, which it has purchased and outfitted at lower combined cost, innumerable

times and at the convenience of Petitioner’s and its customer’s schedules.

2. No Adverse Safety Effects

Granting this Petition will also not adversely affect aviation safety or pose any undue 

risks to the public. The operations pursuant to this Petition will be in accordance with 

Petitioner’s internal safety Manuals, including approved processes and checklists and in 

compliance with all applicable FAA safety policies and guidance. Accordingly, and as 

detailed herein, granting the requested exemption would not adversely affect safety. Indeed, as 

detailed below, operations pursuant to the limitations and guidelines addressed herein and the 

safety procedures, Petitioner will provide an equivalent level of safety to those regulations 

from which Petitioner seeks exemption. The FAA has also recently set precedence by granting 

exemptions with similar aerial imaging and filming parameters in all material respects, to those

presented herein ( e . g. Exemption Nos. 11062 (Astraeus Aerial), 11063 (Snaproll Media 

LLC), 11064 (RC Pro Productions Consulting, dba Vortex Aerial), 11065 (HeliVideo 

Productions, LLC), 11066 (Aerial MOB, LLC) and 11067 (Pictorvision Inc.). 

For these reasons Leptron’s operations pursuant to this Petition also qualify for an 

exemption. 

I. Exemptions Sought By Petitioner and Reasons For The Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 45.27(a). Location of marks; non fixed-wing aircraft.
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Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Avenger sUAS, 

Petitioner seeks an exemption from the subsection (i.e., that the marks be displayed on both 

surfaces of the cabin, fuselage, boom, or tail) because the Avenger sUAS is of insufficient size 

to accommodate any such marking. Thus marking the Avenger sUAS as required by this 

subsection would not be possible.

An equivalent level of safety can be provided instead by marking the Avenger sUAS, as 

may be applicable, with lettering as large as practicable (14 C.F.R. § 45.29(f)) on its largest 

available surface so as to permit such marking to be displayed to pilot, crew, and others both 

when the Avenger sUAS is on the ground and airborne (see Figure 1). 

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command of an 

aircraft in connection with any business or employment if:

(1) The flight is only incidental to that business or employment; and

(2) The aircraft does not carry passengers or property for compensation or 

hire.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Petitioner seeks exemption from the subsections because the sUAS will

not carry a pilot, passengers or property (other than a camera). As addressed, the Leptron

Avenger is a very light, remotely controlled sUAS with no persons or property on board. The 
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area of operations is generally remote or sparsely populated. Each flight is planned and fully 

coordinated in advance in accordance with those procedures provided in the Safety Manual and 

SOP. Thus the risk associated with the proposed operations is so diminished from that

associated with commercial operations contemplated by Part 61, that allowing a P IC having a 

private pilot certificate, rather than a commercial certificate, met the minimum flight hour and 

qualification criteria, and operating according to the limitations and guidelines provided herein,

provides a level of safety that exceeds that provided by a pilot having a commercial certificate

operating a conventional aircraft as required under the regulations.

The FAA has already set precedence by previously granted exemptions in circumstances

similar, in all material respects, to those presented herein. 

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Petitioner meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, the Safety Procedures contained within the 

SOP, the FOM and the Maintenance Manual, for maintaining the aircraft and checking it before 

each flight to ensure that it is in peak operational condition, an equivalent level of safety will be

provided.

3. Section 91.105. Flight crewmembers at stations.

Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall—

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.
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(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, 

during takeoff and landing, keep his or her shoulder harness fastened while at his 

or her assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder 

harness; or,

(2) The crewmember would be unable to perform required duties with the 

shoulder harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. Petitioner seeks exemption from the Section 91.105 because the Avenger

sUAS is by definition an unmanned aircraft, having neither pilot nor crew so as to be stationed or 

harnessed as required by the regulation. An equivalent or even higher level of safety can be

provided instead by using an unmanned aircraft controlled by a PIC who at all times is located at 

and controls the sUAS from the GCS. 

4. Section 91.119(c). Minimum safe altitudes.

Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum 

safe altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the Avenger sUAS will at times be operated at or below 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operating so as to de-conflict with manned vehicles operating above 500 feet AGL, within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de-confliction 

with any persons or property in the air and on the ground, including participating and nonparticipating personnel, 100 feet and 500 feet, respectively, away from who the UA would 

generally be restricted. Further the Avenger sUAS flight operations will be monitored at all 
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times by both the PIC and VO and will be in compliance with local public safety requirements,

so as to prevent access to the restricted areas of operation. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein.

5. Section 91.121. Altimeter settings.

Petitioner seeks an exemption from 14 C.F.R. 91.121. Section 91.121, entitled Altimeter 

settings, requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” Petitioner seeks exemption from Section 91.121 because the 

Avenger sUAS does not use or have on board a typical barometric altimeter as contemplated by 

the regulation. Instead, the Avenger sUAS has a laser altimeter to maintain altitude.

Note: An equivalent level of safety will be provided instead, by operating the sUAS at 

or below 400 feet AGL, within the VLOS of the PIC (with the assistance of a VO), with laser 

altimeter information downlinked from the SUAS to the PIC to maintain altitude and ensure 

safety. Prior to each flight, a zero altitude/AGL will be established at the launch site, as 

confirmed for accuracy by the PIC. 

6. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft under VFR conditions unless 

(considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 20 minutes.

The Leptron Avenger is an unmanned aircraft, and thus would not begin a flight with a 

person in it as the regulation contemplates. To the extent the regulation applies to the Avenger, 

the Avenger has a maximum flight duration of 60 minutes, depending upon atmospheric 

conditions and type of camera or sensor. 

An equivalent level of safety can be achieved by terminating the flight at 20% battery 

power reserve or 12 minutes whichever occurs first, as provided in the FOM. Given that the 

Avenger will be operated within the VLOS of the PIC, within the confines of the particular 

landowner’s property with prior written consent of the landowner and participating and non-
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participating personnel, this restriction would provide more than enough battery reserve to 

accommodate a safe return to the landing zone from anywhere in the operating area with no 

adverse effect on the safety of persons and property in the air or on the ground. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein. 

7. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance 

inspections and recording.

Section 91.405(a), entitled Maintenance required, states:

Each owner or operator of an aircraft—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(a) No person may operate any aircraft that has undergone maintenance, 

preventive maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under 

§ 43.7 of this chapter;

Section 91.409 (a)(2), entitled Inspections, states:

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and 

has been approved for return to service by a person authorized by § 43.7

of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter.

No inspection performed under paragraph (b) of this section may be substituted 

for any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records.
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Section 91.417(a) and (b), entitled Maintenance records, state:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and 

records of the 100-hour, annual, progressive, and other required or approved 

inspections, as appropriate, for each aircraft (including the airframe) and each 

engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the Administrator) of 

the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the 

aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, 

and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, 

propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which 

are required to be overhauled on a specified time basis.

(iv) The current inspection status of the aircraft, including the time since 

the last inspection required by the inspection program under which the 

aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and 

safety directives including, for each, the method of compliance, the AD or 

safety directive number and revision date. If the AD or safety directive 

involves recurring action, the time and date when the next action is 

required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each 

major alteration to the airframe and currently installed engines, rotors, 

propellers, and appliances.
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(b) The owner or operator shall retain the following records for the periods 

prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until 

the work is repeated or superseded by other work or for 1 year after the work is 

performed.

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold.

(3) A list of defects furnished to a registered owner or operator under § 43.11 of 

this chapter shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

Petitioner seeks an exemption because, as addressed, the Leptron Avenger sUAS will 

operate pursuant to this Petition without airworthiness certification. An equivalent level of

safety can be provided instead by requiring, as provided herein, that inspections and 

maintenance be accomplished according to the inspection, maintenance, and preflight sections of 

the Maintenance Manual, FOM, and SOP. As provided in the FOM and SOP, among other 

things, the sUAS will be inspected prior to each flight to confirm that it is in good working

order. Any maintenance or repairs will be perform and logged, and, upon any work being 

performed on the sUAS, the sUAS will be checked and approved for flight by personnel before 

being returned to service. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein. 

J. Conclusion

As set forth in the document above, the following summary is provided for publication 

in the Federal Register. Petitionerseeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012, and 14 C.F.R. Part 11 to permit safe operation of the

Leptron Avenger sUAS commercially, for the purposes of aerial imagery and precision photography 
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relating to aerial mapping, surveying, and topography recording. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA 

Modernization and Reform Act of 2012 to expedite approval of operations of certain sUAS in 

the NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Title 49 of the United States Code, the Code of 

Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, 

Petitioner respectfully requests that the Administrator grant this Petition for an exemption from

the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

Dated: ,

Respectfully submitted,