June 24, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations

Dear Madam or Sir,

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

14 C.F.R. Part 11, Continental Mapping Consultants, Inc., (CMC) hereby applies for an exemption 

from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its small 

unmanned aerial system (sUAS). Petitioner submits the supporting materials in Appendix A as 

confidential documents under 14 C.P.R. §11.35(b); as they contain confidential commercial and 

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

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

controlled conditions in airspace that is; 1) limited, 2) predetermined, and 3) would provide safety 

enhancements to the already safe operations in the aerial photogrammetry and mapping industry 

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

safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for 

the safe operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Continental Mapping Consultants, Inc.

Attn: Paul Braun

Ph: 888.815.3327

Email: pbraun@continentalmapping.com

Address: 121 S. Bristol St., Suite 201, Sun Prairie, WI 53590

The Proposed Unmanned Aircraft System (UAS):

 A DJI Phantom 2 and F550 multi-rotor unmanned aerial vehicles (the “proposed UAS”)

 An on‐board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground‐based transmitter/controller;

 An on‐board camera capable of capturing imagery in the form of full color, high definition 

still photos and video

 An on‐board telemetry system that delivers flight data from the on‐board flight computer to 

the on‐board radio transmitter including altitude AGL, horizontal and vertical speed, 

compass direction of flight and direction back to its launch site

 A Pilot in Command (PIC) in operational control of a flight operation from beginning to end 

and who controls the vehicle while in the air

 A radio transmitter/controller operated by the PIC to control the vehicle while in flight

 A ground station which receives real time system telemetry from the vehicle

 A Visual Observer (VO) is a person who provides a second pair of eyes to visually track 

the vehicle while in flight.
 A Standard Operating Procedure (SOP) document which dictates best practices for 

operators and visual observers to follow (see Appendix A).

 A Manufacturer’s Manual as provided by the UAS manufacturer (see Appendix B).

The applicant requests exemption from the following FARs as provided in the Reform Act:

 14 CFR Part 21 Subpart H

 14 CFR 91.203 (a) (1)

 14 CFR 45.23 (b)

 14 CFR 61.113

 14 CFR 61.133

 14 CFR 61.23 

 14 CFR 61.3 (c)

 14 CFR 91.7 (a)

 14 CFR 91.9 (b) (2)

 14 CFR 91.103 (b)

 14 CFR 91.105

 14 CFR 91.109

 14 CFR 91.119

 14 CFR 91.121

 14 CFR 91.151 (a)

 14 CFR 91.405 (a) 

 14 CFR 407 (a) (1)

 14 CFR Subpart E (91.401 – 91.417)

I. The Extent of Relief Sought By Continental Mapping

Continental Mapping Consultants, Inc. requests an exemption from the following regulations as well 

as any additional regulations that may technically apply to the operation of the system:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates and 14 CFR § 91.203(a)(1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR 91.203 (a) (1). Given the size and limited 

operating area associated with the UA 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 FMRA. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the FMRA 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 UA. In all cases, an analysis of these criteria demonstrates that 

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

conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the restrictions and conditions 

proposed. The UA to be operated hereunder is less than 55 lbs. fully loaded, is by definition 

unmanned and carries neither a pilot nor passenger, carries no explosive materials or flammable 

liquid fuels, and operates exclusively within a limited flight area. Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the Operator and will 

also remain within the requirements of, and in compliance with, local public safety requirements. 

These safety enhancements, which already apply to civil aircraft provide a greater degree of safety 
to 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 UA due to its size, 

speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load.

14 C.F.R. § 45.23 (b) Marking of the Aircraft

Respecting 14 CFR Part 45.23(b) Title 14 of the Code of Federal Regulations 45.22(d), Exhibition, 

antique, and other aircraft: Special Rules, permits persons to apply to the Administrator for a 

different marking procedure if it is impossible to mark an aircraft per §§45.21 and 45.23 through 

45.33. CMC is requesting an alternate marking for the proposed UAS registration marks. The 

proposed UAS are a small Unmanned Aerial Systems (sUAS) that cannot comply with the aircraft 

marking standards per §§45.21 and 45.23 through 45.33. The achievement of equivalent level of 

safety for the proposed UAS as that it will be identified by serial number, registered and have 

identification (N-Number) markings with markings as large as practicable per guidance of UAS 

Integration Office, AFS-80, minimum 1 inch tall on all four sides of the main body. The request was 

submitted on January 28, 2015.

14 C.F.R. § 61.113 and 61.133: Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations

Respecting 14 CFR 61.113 and 61.133 relief is requested since limitations state that a private pilot 

may, for compensation or hire, act as PIC 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. CMC proposes an equivalent level 

of safety in that a PIC with a private license will operate the sUAS for hire in the locations where a 

private license is sufficient (i.e. private property not in the vicinity of an airport) which may be the 

majority of the time, not just incidentally. The proficiency of the sUAS pilot with a private license 

versus a commercial license does not correlate with operating a sUAS in the NAS. CMC contends 

an equivalent level of safety will be maintained because no PIC will be allowed to operate the 

proposed UAS unless the PIC has demonstrated, through ongoing training and currency 

requirements that the PIC is able to safely operate in a manner consistent with applicable rules and 

operating criteria for that specific sUAS.

14. CFR §61.23 and 61.3 Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate:

 When exercising the pilot-in-command privileges of an airline transport pilot certificate;

 When exercising the second-in-command privileges of an airline transport pilot certificate in 

a flag or supplemental operation in part 121 of this chapter that requires three or more 

pilots; or

 When serving as a required pilot flight crew member in an operation conducted under part 

121 of this chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

 Second-in-command privileges of an airline transport pilot certificate in part 121 of this 

chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or
 Privileges of a commercial pilot certificate

Given the size of the proposed UAS, their structure, the limited flight area, CMC believes that an 

equivalent level of safety can be reached if the operator has a valid driver’s license.

14. CFR §91.7 (a) and 91.9 (b) (2)

Respecting 14 CFR Part 91.7(a) 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 does not apply.

Respecting 14 CFR Part 91.9(b) (2) requires an aircraft flight manual in the aircraft. As there are no 

pilots on board, or passengers, and no cockpit, and given the size of the sUAS, this Regulation is 

not applicable. To obtain an equivalent level of safety and meet the intent of 91.9, CMC proposes

that a current, approved SOP (Appendix A) must be available to the crew at the ground station 

anytime the aircraft is in, or preparing for, flight.

The FAA has issued numerous exemptions to this regulation including: Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 95658, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. § 91.103 (b): Preflight action.

Respecting 14 CFR Part 91.103 (b) prescribes that a pilot shall for any flight, become familiar with 

runway lengths at airports of intended use, and takeoff and landing distance information. Reference 

Exemption No. 11138 for reason why exemption is pertinent.

14 C.F.R. § 91.105: Flight crewmembers at stations.

CMC requests an exemption not applicable due to the proposed UAS will not carry flight 

crewmembers.

14 C.F.R. § 91.109

Respecting 14 CFR Part 91.109 Flight instruction; Simulated instrument flight and certain flight

tests. Reference Exemption No. 11138 for reason why exemption is pertinent.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas, the aircraft cannot be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Since the proposed UAS will be operating 

at a maximum of 500 feet AGL, CMC cannot comply with this requirement.

In order to provide an equivalent level of safety The UA will not be operated over congested areas 

or over any open air assembly of persons with prior approval. Any property owner affected will be

briefed on the expected route of flight and the associated risks to persons and property on the

ground. 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 UA, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption.
14 CFR 91.121 – Altimeter settings

Respecting 14 CFR Part 91.121 Altimeter Settings. BF&S will set the altimeter to zero feet AGL 

rather than local barometric pressure or field altitude before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Respecting 14 CFR Part 91.151(a) Fuel requirements for flight in VFR conditions. Prior UAS

specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR 

conditions. To achieve an equivalent level of safety, CMC proposes flying the proposed UAS per 

the operating manual leaving ample power to safely conclude the flight with power remaining, even 

auto land when a low battery is detected.

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventative Maintenance, and Alterations

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

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

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

maintenance and inspection. 

CMC proposes that the PIC perform maintenance and inspection of the aircraft and "be authorized

to approve the aircraft for return to service based on the Standard Operating Procedures in 

Appendix A. In doing so, 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.

II. Why Granting Continental Mapping’s Request Is In the Public Interest

Continental Mapping is a professional surveying and mapping company with 15 years of 

experience providing mapping products from manned aerial platforms. With safe and professional 

use of UAS, Continental Mapping will continue to be able to offer our clients better ways to survey 

and map their sites of interest.

III. Conclusion

As set forth above, Continental Mapping seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012, which will permit safe operation of 

the sUAS commercially, without an airworthiness certificate, for the special purpose of conducting 

aerial mapping acquisitions. By granting this Petition, the FAA Administrator will be fulfilling the 

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing 

the interests of the public, by allowing Continental Mapping to safely, efficiently, and economically 

operate the sUAS commercially.
Appendix A: Standard Operator Procedure (SOP)

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Appendix B: Manufacturer’s Manuals

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