November 16, 2015

TO: U.S. Department of Transportation

Docket Operations

West Building, Ground Floor, Room w12-140

1200 New Jersey Ave., SE

Washington, DC 20590

FROM: LORBORN Energy Company, LLC

 30487 Trace Lane

 Walker, LA 70785

Re: LORBORN Energy Company, LLC for Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

Dear Gentlemen:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) 

and 14 C.F.R. Part 11, LORBORN Energy Company, LLC (“LORBORN Energy Co.”) hereby 

applies for an exemption from Federal Aviation Regulations (“FARs”) identified below, to 

allow commercial operations of small, unmanned aerial vehicles by and through small, 

unmanned aerial systems (“sUAS”) for Precision Aerial Surveying, Mapping, Utility

Inspection, Pipeline Inspection, Wind Turbine Inspection and Property Damage Inspections.

This exemption is requested in subject to and in conformance with those operations and protocols

outlined in this Petition, the enclosed UAS Professionals Flight Operations Manual (“Flight Operations

Manual”), the sUAS Operator’s Handbook, which includes component parts manufacturers’ operations

and/or instructions manuals (“Operator’s Handbook”) and any other requirements established by the

FAA pursuant to the FMRA.

The Flight Operations Manual and Operator’s Handbook both contain confidential, trade secret 

and proprietary information that the Petitioner has not and will not share with others. Petitioner submits 

the Flight Operations Manual and Operator’s Handbook and all information contained therein as

proprietary and confidential information pursuant to 14 C.F.R. § 11.35(b). The Flight Operations Manual

and Operator’s Handbook contain operating conditions and procedures that are not available

to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et 

seq.

I. Description of Petitioner

LORBORN Energy Company, LLC is a brokerage firm that specializes in providing 

support services, to include but not limited to, lease area checks, researching mineral title, 

figuring out working and royalty interests on oil and gas leases, acquisition of oil and gas 

leases, due diligence and acquisition of rights of way for utility companies and oil and gas 

companies.

II. Statutory Authority

This petition for exemption is submitted to fulfill Congress' goal in passing Section

333(a) through (c) of the Reform Act. Congress has directed the FAA "to safely accelerate the

integration of civil unmanned aircraft systems into the national airspace system." Pursuant to 
Section 333 of the Reform Act, the FAA Administrator is to consider whether certain 

unmanned aircraft systems may operate safely in the National Airspace ("NAS") before

completion of the formal UAS rulemaking, based on the following considerations:

• The UAS's size, weight, speed, and operational capability;

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

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

If the Secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System".

Additionally, the FAA Administrator has general authority to grant exemptions from its 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§

44701(a), (b) and §§ 44702 – 44716, et seq.). A party requesting an exemption must explain the 

reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely 

affect safety (or how it would provide a level of safety at least equal to the existing rules). See

14 C.F.R. § 11.81 (petitions for exemption).

III. Qualifications for Approval Under Section 333 of the FMRA

The proposed operations in this petition for exemption qualify for expedited approval 

under Section 333 of the Reform Act. Each of the statutory criteria and other relevant factors 

are satisfied.

The proposed operations would permit the use of small and relatively inexpensive UAS 

under controlled conditions in airspace that is: (1) limited; (2) predetermined; (3) controlled as 

to access; and that (4) provides an increased level of safety beyond that existing when fixed or 

rotor wing aircraft are used to accomplish the same purpose.

Petitioner’s sUAS are rotorcraft, weighing 35 or fewer pounds including payload. They 

operate, under normal conditions, at low speed and have the capability to hover, and move in 

the vertical and horizontal plane. Petitioner’s sUASs will operate in line of sight and will only 

operate within those areas described in the enclosed Flight Operations Manual.

Given the small size of the sUASs involved and the restricted environment within which 

they will operate, this petition exemption falls within the zone of safety i.e., an equivalent level 

of safety, in which Congress desired the FAA to permit commercial UAS operations by

exemption pending completion of formal rulemaking. Also, due to the size of the sUASs and 

the restricted area in which the sUASs will operate, approval of the application presents no 

national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained 

in the Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed 

operations, and the significant public benefit, the grant of the requested exemptions is also in the

public interest.

Accordingly, Petitioner respectfully requests the FAA grant the requested 

exemption without delay.
IV. Proposed Operations

The enclosed Standard Operating Procedures describe, in detail, the policies and

procedures for Petitioner's proposed sUAS operations. To assist the FAA in its safety

assessment of Petitioner's proposed sUAS operations, below is a summary of operational

limitations and conditions, which will ensure an equivalent or higher level of safety to

operations conducted under current regulatory guidelines:

1. The sUAS will weigh less than 35 pounds.

2. Flights will be operated within line of sight of the Operator.

3. Maximum total flight time for each operational flight will be limited to the 

amount of time the sUAS can be flown and still maintain a reserve battery 

power of no less than 25%.

4. Flights will be operated at an altitude of no more than 500 feet above ground 

level ("AGL").

5. Flights will be operated at a safe lateral distance from, and not directly above, 

any inhabited structures, buildings, vehicles, vessels, or people not associated 

with the operation or who have not signed a waiver in advance of the 

operation.

6. The sUAS Pilot will be an FAA licensed airman with at least a private pilot's 

certificate.

7. The sUAS Pilot with Pilot in Command responsibilities for the flight will be 

the designated Operator ("Operator").

8. The sUAS will operate only within a confined area as described in the Flight

Operations Manual.

9. A briefing will be conducted in regard to the planned sUAS operations prior to 

each day's missions. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for 

this briefing.

10. The Operator will have been trained in operations of sUAS generally and 

received up-to-date information on the particular sUAS to be operated as 

required in the Flight Operation Manual.

11. Written and/or oral permission from the relevant property holders will be 

obtained.

12. If the sUAS loses transmission signal, the sUAS will have the capability to 

return to a pre-determined location and land.

13. The sUAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.
V. Regulations From Which Exemption is Requested

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 

under § 40101 of the Act, including sUASs, from its safety regulations and minimum standards 

when the Administrator decides a requested exemption is in the public interest.

Petitioner seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21,

45 and 91 for purposes of conducting Precision Aerial Surveying, Mapping and provind 

Inspections using sUASs. Listed below are (1) the specific sections of 14 C.F.R. for which

exemption is sought, and (2) the operating procedures and safeguards that Petitioner has

established which will ensure a level of safety better than or equal to the rules from which

exemption is sought.

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R.

§ 91.203(a)(1)

Petitioner seeks an exemption from 14 C.F.R. Part 21, Subpart H, which establishes 

the procedural requirements for the issuance of airworthiness certificates as required by

14 C.F.R.

§ 91.203(a)(1). Given the size and limited operating area associated with the sUAS 

to be utilized by the Petitioner, an exemption from Part 21, Subpart H, meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the

Reform Act.

The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the particular UAS.

In all cases, an analysis of these criteria demonstrates that the sUAS operated 

without an airworthiness certificate, in the restricted environment and under the 

conditions proposed, will be at least as safe as, or safer than, a conventional rotorcraft 

operating with an airworthiness certificate without restrictions and conditions of the 

proposed sUAS operations.

Equivalent Level of Safety

The sUAS to be operated hereunder, DJI Phantom 3 Pro multi-rotor rotorcraft, 

weighs less than 35 pounds with payload, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured
and sterile area. Unlike other civil aircraft, the proposed operations will be controlled and 

monitored by the Operator pursuant to the Flight Operations Manual’s requirements.

These safety enhancements, which already apply to civil aircraft operated in 

connection with existing inspection operations, provide a greater degree of safety to the 

Petitioner's employees, members of the public, and property owners than conventional 

operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, 

Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the sUAS, due to its size, speed of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external 

load.

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness 

certification of normal category rotorcraft. To the extent the Petitioner's sUAS would 

otherwise require certification under Part 27, Petitioner seeks an exemption from Part

27's airworthiness standards for the same reasons identified in the exemption request 

from 14 C.F.R. Part 21, Subpart H.

C. 14 CFR § 61.113: Private Pilot Privileges And Limitations

Petitioner seeks an additional exemption from 14 CFR § 61.113, which restricts 

private pilot certificate holders from flying aircraft for compensation or hire, and which 

would also have the effect of requiring a second-class medical certificate.

Equivalent Level of Safety

In Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA 

determined that an Operator with a private pilot certificate operating the Astraeus UAS 

would not adversely affect operations in the NAS or present a hazard to persons or 

property on the ground. Additionally, as previously determined by the Secretary of 

Transportation, the requirement to have an airman certificate ameliorates security

concerns over civil UAS operations conducted in accordance with Section 333. The 

Precision Aerial Surveying, Mapping and Inspections conducted by LORBORN Energy

Co. occur in areas where access to the public is strictly limited and controlled. Under

most circumstances, all of the property or structures are owned and operated by separate 

entities. As a result, the operation could have an impact on any third persons not involved

in the inspection. However, LORBORN Energy Co. will ensure that permission is 

received, orally or in writing, from any and all landowners that the flight of the sUAS 

could impact.

Because LORBORN Energy Co. will operate in a sterile area, the sUAS will be

flown based on visual line-of-sight at altitudes below 500' AGL. Accordingly,

LORBORN Energy Co. request that this exemption be granted.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and

Identification Requirements

Petitioner seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).
14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

Equivalent Level of Safety

The equivalent level of safety for exemptions to the aircraft marking and 

identification requirements of §§ 91.9(c), 45.23(b) and 45.27(a) will be provided by

having the sUAS marked on its fuselage as required by § 45.29(f).

The FAA has previously issued the following exemptions to the aircraft marking 

requirements of § 45.23(b): Exemption Nos. 10700, 10167 and 10167A.

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

Petitioner seeks an exemption from the flight manual requirements of 14 C.F.R. §

91.9(b)(2), which states:

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by § 21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane or 

Rotorcraft Flight Manual, approved manual material, markings and placards, or any 

combination thereof.

Given its physical dimensions, configuration and load capacity, the sUAS has no 

ability to carry such a manual on the aircraft, not only because there is no pilot on board, 

but because there is simply no room or capacity to carry such an item on the aircraft.

Equivalent Level of Safety

The safety related purpose of this manual requirement can be equally satisfied by

maintaining the sUAS flight manual at the ground control point where the Operator will 

have immediate access to it. Accordingly, Petitioner requests an exemption from

91.9(b)(2)'s flight manual requirements, on the condition that the sUAS flight manual be

available at the control point during each operation.

The FAA has issued the following exemptions to this regulation: Exemption Nos.

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

Petitioner seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil 

aircraft be in airworthy condition to be operated. Inasmuch there will be no airworthiness 

certificate issued for the sUAS, should this exemption be granted, no FAA regulatory

standard will exist for determining airworthiness.
Equivalent Level of Safety

The DJI Phantom 3 Pro has a stellar safety record, demonstrating that the sUAS is

airworthy. Further, given the size of the sUAS and the requirements contained in the 

Flight Operation Manual for maintenance and pre-flight safety check lists, an equivalent 

level of safety will be provided.

The FAA has issued the following exemptions to this regulation: Exemption Nos.

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.

F. 14 C.F.R. § 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to 

become familiar with specific information before each flight, including information 

contained in the FAA-approved flight manual on board the aircraft. While the Operator 

will be familiar with all information necessary to safely conduct the flight, an exemption 

is requested to the extent that an FAA-approved flight manual is required on board the 

aircraft.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Operator’s 

Handbook. The Operator will take all required preflight actions - including reviewing 

weather, flight battery requirements, landing and takeoff distance, and aircraft 

performance data - before initiation of flight. The Operator’s Handbook will be kept at 

the ground station with the operator at all times.

G. 14 C.F.R. § 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides that

"[n]o person may operate a civil aircraft (except a manned free balloon) that is being used 

for flight instruction unless that aircraft has fully functioning dual controls." sUASs and 

remotely piloted aircraft, by their design, do not have functional dual controls. Instead, 

flight control is accomplished through the use of a box that communicates with the

aircraft via radio communications.

Equivalent Level of Safety

Given the size and speed of the sUAS, an equivalent level of safe training can still 

be performed without dual controls because no pilot or passengers are aboard the sUAS, 

and all persons will be a safe distance away in the event that the sUAS experiences any 

difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for flight instruction in experimental aircraft. 

Exemptions include: Nos. 5778K and 9862A.
H. 14 C.F.R. § 91.119: Minimum Safe Altitudes

Petitioner requests an exemption from the minimum safe altitude requirements of

14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which 

aircraft may not operate, including 500 feet above the surface and away from any person, 

vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section

91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it

can be operated "without hazard to persons or property on the surface," provided that 

"each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA."

To provide the intended inspections, the sUAS is normally operated below 500 feet 

AGL. Additionally, due the nature of the proposed operations, the sUAS will maintain a 

safe lateral distance from inhabited structures, buildings, vehicles, and vessels, and from 

people not associated with the operation.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum

35 pounds proposed herein, and given the lack of flammable fuel, any risk associated with 

these operations is far less than those that presently exist with conventional aircraft. An 

equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as 

well as the location where it is operated. As set forth in the Flight Operation Manual, the

sUAS will be operated in a restricted and sterile area, where buildings and people will not

be exposed to operations without their pre-obtained consent. Because of the advance 

notice to the property owners and participants, all affected individuals will be well aware 

of the planned flight operations as set forth in the Flight Operation Manual.

Furthermore, by operating at such lower altitudes, the sUAS will not interfere with 

other aircraft that are subject to the minimum safe altitude regulations. Finally, the 

successful safety record of the DJI Phantom 3 Pro demonstrates that the sUAS can be

safely used at these lower altitudes and closer operating environments.

I. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks an exemption from 14 C.F.R. § 91.121, which requires a person 

operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. An 

exemption is required because the sUAS does not have a barometric altimeter, but rather a

GPS altitude read out.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures set forth 

in the Flight Operation Manual. As prescribed in the Flight Operation Manual, the 

operator will confirm the altitude of the launch site shown on the GPS altitude indicator 

before flight. Moreover, the Operator will use the GPS altitude indicator to constantly

monitor the sUAS's height, thus ensuring operation at safe altitudes.
J. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Petitioner requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for 

flight in VFR conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane 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 –

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here, the battery powering the DJI Phantom Pro 3 provides approximately 23

minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. §

91.151, sUAS flights could not be conducted. Given the limitations on the sUAS's 

proposed flight area and the location of its proposed operations within a predetermined

area, a safety margin based on a reserve amount of battery life is needed. Petitioner will 

not be conducting any sUAS flights at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved because the operations will be 

conducted on-site without significant transit time by the sUAS. All flights will be planned 

to be terminated with no less than 25% reserve battery power still available. This 

restriction would be more than adequate to return the sUAS safely to the ground and its 

planned landing zone from anywhere in its limited operating area even in the event of an 

unexpected occurrence. Operation of the sUAS with less than 30 minutes of reserve fuel 

does not include the type of risks that Section 91.151(a) was intended to alleviate given the

size and speed of the small UAS, and the proximity of the flight operation to the landing

zone.

This request for exemption falls within the scope of prior exemptions, including

Exemption Nos. 10673, 2689F, 5745, 10673, and 10808.

K. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and

Registration

Petitioner seeks an exemption from civil aircraft certification and registration 

requirements of 14 C.F.R. § 91.203(a) and (b). The regulation states in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it 

has within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued under

§ 91.715 is displayed at the cabin or cockpit entrance so that it is legible to
passengers or crew.

In addition to the fact that Petitioner is seeking an exemption from the 

airworthiness certificate requirements, an exemption to this regulation is necessary

because: (1) the sUAS's configuration, load capacity and size does not allow it to carry 

certification and registration documents; (2) the sUAS does not have a cabin or cockpit 

entrance at which documents could be displayed; and (3) there are no passengers or 

crew for whom the certificates need to be displayed.

Equivalent Level of Safety

To the extent these regulations are applicable to the proposed sUAS operations,

an equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the Operator will have immediate access to them.

The FAA has issued numerous exemptions to this regulation, including: Exemption

Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

L. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2); 91.417(a) and

(b): Maintenance Inspections

Petitioner also seeks an exemption from the maintenance inspection

requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1),

91.409(a)(2), 91.417(a) and (b). These regulations specify maintenance and inspection

standards in reference to

14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator

of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part

and

shall between required inspections ...have discrepancies repaired as prescribed in part

43 of this chapter"). An exemption to these regulations is needed because Part 43 and

these

sections only apply to aircraft with an airworthiness certificate, which the sUAS will

not have.

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and

inspections will be performed in accordance with the Operator’s Handbook as referenced

in the

Flight Operation Manual. As provided in the Flight Operation Manual, the operator will

ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. The operator is the

person most familiar with the aircraft and best suited to maintain the aircraft in an

airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, the sUAS's size and carrying capacity, and the fact that 

flight operations will only take place in restricted areas for limited periods of time

during daylight hours, creates less risk than that associated with conventional rotorcraft 

performing the same operation.
VI. Public Interest

Granting LORBORN Energy Co.’s exemption request furthers the public interest.

National policy set by Congress favors early integration of UAS into the national airspace in

controlled, safe working environments such as those propose in this petition. In addition,

maintaining industrial safety has been a priority of state and local governments for decades.

By their nature, structural inspection sites present unique difficulties for persons 

attempting to inspect and maintain the structure. The components can be tall and have limited 

access. Sending a human observer or using helicopters to inspect such elevated structures

carry certain risks. These risks can be avoided by using a small UAS under controlled

conditions to photograph and document the state of the equipment. This helps to facilitate

repairs and identify issues before they become problems. Current options for inspecting

structures and conducting aerial site surveys and mapping is limited to using human

personnel. Inspectors will either use a normal rotor wing manned-aircraft or crane baskets to

raise a human observers to an elevated position. The use of an sUAS reduces the risk to

human life by removing them from dangerous aspects of the inspection process.

In addition, granting the exception will help advance the knowledge base for 

conducting commercial UAS operations. This additional data will help the FAA set future

rules regarding UAS flight operations, maintenance, and crew qualifications. The public also

has an interest in reducing the hazards and emissions associated with alternate use of 

helicopters to conduct similar inspection operations. The UAS in question is very light weight

and does not carry any flammable fuel, further reducing the risk from any potential accident.

VII. Privacy

All flights will occur over property with the property owner's prior consent

and knowledge.

VIII. Federal Registry 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:

LORBORN Energy Company, LLC seeks an exemption from the following rules:

14 CFR Part 21, Subpart H; 14 CFR Part 27; 14 CFR 45.23(b); 14 C.F.R. 61.113; 14 CFR

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.109(a); 14 CFR 91.119; 14 CFR

91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1);

14 CFR 91.409(a)(2); 14 CFR 91.417 (a) & (b).

Approval of these exemptions allowing commercial operations of small and

lightweight unmanned aircraft ("sUAS") to conduct structural inspections will enhance safety

by reducing risk to LORBORN Energy Co’s contractors, the general public and property

owners.

The DJI Phantom 3 Pro sUAS, weighing less than 35 pounds, with payload, and

powered by batteries, eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The sUAS is transported to the designated survey area set

up. It is not flown from an external location to the work-site. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned
aircraft flights.

The operation of this small UAS will provide an equivalent level of safety, supporting

the grant of the exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight sUASs operate

at slow speeds, close to the ground, and in a controlled environment. As a result, they are far 

safer than conventional aerial survey and inspection operations conducted with fixed wing 

aircraft or helicopters.

IX. Conclusion

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, 

weight, speed, operating capabilities, proximity to airports and populated areas and operation 

within visual line of sight and national security—provides more than adequate justification for 

the grant of the requested exemptions to permit LORBORN Energy Company, LLC to operate

sUASs in support of its Precision Aerial Surveying, Mapping and Inspections in accordance

with the Flight Operation and Operator’s Handbook appended hereto.

Granting the requested exemption will benefit the public interest as a whole in many

ways, including (1) significantly improving safety and reducing risk by alleviating human 

exposure to danger, (2) improving the inspection process and decreasing operating costs, and 

(3) providing an environmentally conscientious way of conducting site surveys and structural 

inspections.

Sincerely,

Adam J. Raborn

Owner, LORBORN Energy

Company, LLC

Encls: - Flight Operations Standard Operating Procedures (confidential)

- DJI Phantom 3 Pro Start Guide