April 15 2015

US DRONE AVIATION LLC 

U.S. Department of Transportation,

Docket Management System,

1200 New Jersey Avenue SE,

Washington, DC 20590 

RE: Exemption Request Section 333 of the FAA Reform Act

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

US Drone Aviation, LLC a Wyoming Corporation, hereby applies for an exemption from Federal 

Aviation Regulations (FARs) identified below, to allow commercial operations of small 

unmanned aerial system (i.e., sUAS). 

We have enclosed US Drone Aviation’s Flight Operations Operations Manual1, the sUAS 

manufacturer's operations flight, instruction manual, and maintenance manuals and any other 

requirements established by the FAA pursuant to Section 333 of the Reform Act. 

The requested exemption would permit US Drone Aviation to pursue its commercial interests in 

providing services to clients using small advanced sUAS in rural or sparsely populated Wyoming,

with particular focus on the following commercial areas: 

• Oil and Gas Infrastructure Monitoring and Inspection Services 

• Mining Inspections 

• Aerial Surveying 

• Industrial Facilities Inspections 

• Conservation Reviews

• General Video and Photography assignments

• Inspection of Power and Wind Towers

In addition to the waiver authority provided in Section 333 of the Modernization Act, the FAA 

may grant an exemption under 49 U.S.C. Section 44701(f) if it has determined that such an 

exemption is in the public interest. 

Granting an Exemption is in the Public Interest.

Oil and gas personnel routinely inspect well heads, flare stacks and underlying infrastructure, 

such as pipelines. At present, primarily personnel in motor vehicles, or on foot do this work. 

While the oil and gas industry does all it can to make these inspections as safe as possible, there is 

always an element of risk involved whenever employees are required to inspect structures. 

Personnel may need to climb over or onto structures, which can be slippery, rough, and/or 

exposed to the elements. Some structures, such as Flare stacks, are high above the ground and 

require costly “shut downs” for inspections. The use of sUAS for infrastructure and general asset 

evaluation would reduce the risks to personnel by allowing for remote aerial review. 

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1 US Drone Aviation submits the US Drone Aviation Flight Operations Manual as a Confidential document under 14 CFR §11.35(b), 

the entire content of the Manual contain confidential commercial and proprietary information that US Drone Aviation has not and will 

not share with others. This Manual contains operating procedures and training procedures that are not available to the public and are 

protected from release under the Freedom of Information Act, 5 USC § 552 (b) (4).
Additionally, the sheer amount of Oil and Gas assets and the widely dispersed locations – in 

many instances far from sizeable population centers – means that visual inspection in all instances 

by company personnel can be inefficient. For example, Oil and Gas infrastructure in the Upper 

Green River Basin of Western Wyoming cover 100,000’s of acres, remote from qualified 

analysts. Aerial analysis by traditional fixed wing aircraft is impractical because the required 

altitudes for safe flight reduce visibility below meaningful levels – it is simply not possible to see 

all asset anomalies from such heights, plus it is cost prohibitive. By using sUAS for asset 

evaluation, US Drone Aviation will be able to substantially upgrade the industry’s capacity to 

detect and address issues expeditiously and in a safer manner. Thus, the use of sUAS has the 

potential to improve efficiency, resulting in faster and safer delivery of oil and gas, vital to the 

U.S. economy. 

Regulations from which exemption is requested: 

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. 91.205(b)

14 C.F.R. 91.401 – 91.417 

An exemption would allow US Drone Aviation to broadly evaluate assets and operations with 

sUAS, resulting in a safer and more efficient inspection and monitoring regime in the resource 

industries. Accordingly, the grant of an exemption is consistent with Congress’ intent, reflected in 

Section 333 of the FAA Modernization and Reform Act of 2012 (Modernization Act), that safe 

systems be permitted in the national airspace prior to the issuance of final regulations governing 

general use of these systems

This exemption would permit commercial operation by US Drone Aviation, which uses DJI 

Phantom, DJI S-1000, 3D Robotics 8+ & 8M sUAS’ to conduct infrastructure inspections of oil 

and gas facilities and other inspections of infrastructure in the resource and communications

industries in sparsely populated areas of Wyoming. USDA’s operation under the exemption will 

be subject to strict operating requirements and conditions to ensure an equivalent level of safety 

to currently authorized operations using manned aircraft and under conditions as maybe modified 

by the FAA as required by Section 333.

US Drone Aviation states that all sUAS flights will occur over private or controlled access 

property, will do so with the property owner’s consent and knowledge, and only people who have 

consented or agreed will be in the area where flights will take place. 

Furthermore the petitioner will only operate its sUAS in line-of-sight ( VLOS) of a pilot and/or 

observer and will operate at sites in Wyoming that are ‘sufficient distance’ from populated areas 

within the sterile area described in the US Drone Aviation’s Operating Manual. Such operations 

will ensure that the sUAS will “not create a hazard to users of the national airspace system or the 

public.” 

Additionally, US Drone Aviation’s crew will consist of a sUAS pilot who will hold a FAA 

Private Pilots License with a Class III Medical Certificate. plus an Observer ( VO). If observers 
are not qualified pilots, they will attend a ground school to understand the proper roles of an 

observer, communication procedures, and proper visual scan techniques, operations at nontowered airports and appropriate sections of the Aeronautical Information Manual (AIM).

In keeping with previous exemptions granted, we will ensure that operations will not occur within 

5 miles of an airport. The sUAS operated by US Drone Aviation all weigh less than 25 pounds, 

including payload (i.e. sensors, camera, lens, and stabilized gimbal), and operate at speeds below 

50knots, and will not be operated at altitudes that exceed 400 feet AGL.

Given the small size of the sUAS and the restricted sterile environment within which it will 

operate, US Drone Aviation’s operations adhere to the Reform Act’s safety requirements. The 

fact the pilot holds an FAA Private Pilot license demonstrates US Drone Aviation’s high regard 

for safe operations with an understanding of FARs, pre- flight inspections, knowledge of 

operations and differences in airspace classifications, maintenance and repair, as well as being 

trained to high safety standards. Under the requested exemption, US Drone Aviation ensures all 

crews have completed sUAS education and training programs including all applicable regulations 

and guidance documents; including aeronautical background information such as charts, 

NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human Factors and Crew 

Resource Management; Basic sUAS Aerodynamics; Weather factors; Airmanship and Decisionmaking and Safe Operations Procedures. 

We respectively request exemption under Section 333 to enable US Drone Aviation to operate 

efficient, limited, low-risk commercial sUAS operations for the activities stated, respecting at all 

times the space and privacy of citizens and property while keeping airspace safe. 

Sincerely

Stephen Elms 

US Drone Aviation LLC

P.O. Box 7998,

Jackson, WY 83002

(307) 264-2959

steve@USDroneAviation.com
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

US Drone Aviation requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAS System: 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the 

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we 

request an experimental certificate be issued for the 1/ DJI Phantom 2, 2/ DJI S-1000 3/ 3D 

Robotics 8m, and 4/ 3D Robotics x8+ under either, or both, of the following provisions: 

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. 

Since the experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training, we would expect that an experimental 

certificate would permit our commercial purpose as well. The aircraft will not carry persons or 

property, will not carry fuel, and will only fly under strict operational requirements. Combined 

with the UA’s lightweight, being constructed primarily of carbon fiber and plastic, we propose 

that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft 

performing the same mission. If an experimental airworthiness certificate is not appropriate for 

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement 

for an airworthiness certificate in general, citing the equivalent level of safety outlined in the 

previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks 

These regulations provide that each aircraft must display N and the aircraft’s registration number 

in letters at least 3 inches high. Additionally, the aircraft must display the word 

EXPERIMENTAL in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot 

station. The sUAV does not have an entrance in which the word EXPERIMENTAL can be 

placed, and may not have a registration number assigned to it by the FAA. We propose to achieve 

an equivalent level of safety by including the word EXPERIMENTAL in the placard on the top of 

the aircraft, as shown above, where the PIC, VO and others in the vicinity of the aircraft while it 

is preparing for launch will be able to see the designation. Additionally, we feel that the 

permanent placard discussed in the previous paragraph will provide the aircraft’s registration 

information at the ground station. Finally, we will display at the ground station a high contrast 

flag or banner that contains the words Unmanned Aircraft Ground Station in letters 3 inches high 

or greater. Since the aircraft will operate within VLOS or approx. 1500 feet of the ground station, 

the banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations. The regulation provides that no person who holds a 

Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to 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. 

Our proposed operations require that the PIC must hold at least a Private Pilot Certificate issued 
by the FAA and since the aircraft cannot carry passengers or property, we feel we meet the intent 

of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight 

manual information is available to the aircrew while operating the aircraft. We request an 

exemption to this requirement since the aircraft is not only too small to carry documentation, the 

documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS 

Flight Manual must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests. 

The regulation states, “No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls”. The sUAS System groundbased control station consists of a hand-held radio transmitter and while it does not offer a second 

set of controls, both the student and instructor can, and will, operate the single set of controls 

simultaneously. With both student and instructor having hands-on the controls during flight, this 

technique meets the intent 91.109 and provides an equivalent level of safety. 

91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the typical mission of the sUAS would 

be inspection, photography or survey at close range it would be necessary to operate closer than 

500 feet to the items listed. Operations will only be flown over property or persons where 

permission has been obtained and careful pre-planning has been performed. The aircraft will be 

operated at a low altitude allowing, if a power unit fails, an emergency landing without undue 

hazard to persons or property on the surface. Therefore we maintain that due to the small size of 

the UAS, the hazard to persons, vehicles and structures is minimal compared to manned aircraft, 

which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings. 

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter 

setting available within 100 NM of the aircraft. The sUAS will always fly below 400 feet AGL 

and will not need to maintain cruising altitudes in order to prevent conflict with other aircraft. An 

Above Ground Level altimeter measurement above the takeoff point is transmitted via radio from 

the sUAS on-board computer to the display screen held by the PIC, providing a constantly 

updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day- VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy reserve 

as a safety buffer for delays to landing. The sUAV is battery operated and the maximum duration 

of flight from a single battery charge is 12 minutes with a 20% reserve. Since the aircraft will 

never fly more than 1500 feet from the point of intended landing, a full battery charge at launch 
will ensure that we meet the reserve energy requirement of this paragraph. We request an 

exemption to the word fuel and ask for an equivalent interpretation with the word energy. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to 

the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph 

(b) provides that the airworthiness certificate be displayed at the cabin or cockpit entrance so that 

it is legible to passengers or crew. At a maximum gross weight of 25 pounds, the sUAS is too 

small to carry documentation, does not have an entrance, and is not capable of carrying 

passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we 

propose that documents deemed appropriate for this aircraft by the FAA will be co-located with 

the crew at the ground control station and available for inspection upon request. In order to 

identify the aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following information 

plus the word EXPERIMENTAL to satisfy the requirement of 14 CFR 45.23. 

14 C.F.R. 91.205(b) Required Instruments.

This regulation provides for a minimum set of operational instruments for all powered aircraft 

operating VFR. The Command and Control station for the sUAS fulfills the operational 

equivalent.

14 CFR Subpart E 91.401- 91.417 - Maintenance, Preventive Maintenance, Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 

require that the aircraft be approved for return to service by a person authorized under 43.7,after 

maintenance and inspection. It is our intention that the PIC performs maintenance and inspection 

of the aircraft and be authorized to approve the aircraft for return to service. The PIC will ensure 

that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed 

inspections after every two hours of flight. Maintenance performed by the PIC is limited to 

repairing small cracks, replacing a propeller, checking electrical connections and updating 

software and firmware for the on-board computer. All other maintenance will be performed by 

the manufacturer or their designated repair facility. The PIC will document work performed in 

accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, 

the PIC can ensure an equivalent level of safety. 
PUBLISHABLE SUMMARY 

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

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b) (2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. 91.205(b)

14 C.F.R. 91.401 – 91.417 

US Drone Aviation proposes to operate commercially a small unmanned aircraft system (sUAS) 

(25lbs or less). 

Approval of exemptions for US Drone Aviation LLC a Wyoming Corporation will allow 

commercial operations of sUAS’ in the oil and natural gas well inspection industry, and other 

commercial activities, enhancing safety by removing the risk of physical harm to inspectors 

otherwise exposed to potentially dangerous conditions at the well heads. In contrast, a sUAS 

weighing fewer than 25lbs. and powered by batteries eliminates virtually all of that risk to the 

personnel involved and provides a maintenance record for review by experts remotely, if 

required. 

The operation of small UASs, weighting less than 25lbs., conducted in the strict conditions 

outlined, will provide an equivalent level of safety supporting the grant of the exemptions 

requested herein. These lightweight aircraft operate at slow speeds, close to the ground, and in a 

low risk, low population environment and, as a result, are far safer than conventional operations 

conducted with helicopters and fixed-wing aircraft operating in close proximity to the ground and 

people. The intended use of the sUAS operations contemplated by this petition is in the public 

interest because it clearly satisfies exemplary uses of sUAS to replace work by humans that is 

potentially dangerous, and at the same time provides an equivalent or greater level of safety.