August 26, 2015

Exemption No. 12603

Regulatory Docket No. FAA–2015–1087

Mr. Travis J. Brown

Chief Operating Officer

SkyVue Technologies, LLC dba Travis Jay Brown Photography

912 South Alfred Street

Alexandria, VA 22314

Dear Mr. Brown:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters dated April 13, 2015, and July 15, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of SkyVue Technologies, LLC dba Travis Jay Brown 

Photography (hereinafter petitioner or operator) for an exemption. The petitioner requested to

operate an unmanned aircraft system (UAS) to conduct aerial photography and survey, fine 

art and real estate photography, agricultural and construction monitoring, and UAS operator 

training1.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

 

1 The petitioner also requested authority to conduct UAS training. At this time, the FAA is unable to authorize 

UAS operations for training until a further assessment is completed. When the FAA completes its review, we 

will proceed accordingly and no further action will be required by the petitioner. However, the petitioner is 

permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the 

other conditions and limitations in this exemption.
2

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2 Vision+, DJI Phantom 3, and DJI 

Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection2. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, SkyVue Technologies, LLC dba Travis Jay Brown 

Photography is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 

61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to 

operate a UAS to perform aerial data collection. This exemption is subject to the conditions 

and limitations listed below.

Conditions and Limitations

In this grant of exemption, SkyVue Technologies, LLC dba Travis Jay Brown Photography is 

hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 

Vision+, DJI Phantom 3, and DJI Inspire 1 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 
4

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.
5

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
6

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.
7

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
April 13, 2015

U.	S.	Department	of	Transportation	

Docket	Management	System

1200	New	Jersey	Ave.	SE	

Washington,	DC	20590

RE:	Exemption	Request	Pursuant	to	Section	333	of	the	FAA	Modernization	and	

Reform	Act	of	2012	

Dear	Sir	or	Madam:

The	subject	petition	is	being	submitted	without	consulting	or	legal	services	as	

SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	Brown	Photography	is	a	start-up	small	

business.		 I	also	hold	a	Private	Pilot	Certificate	and	Instrument	Rating.	

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

Reform	Act),	and	14	C.F.R.	Part	11,	SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	

Brown	Photography	wishes	to	operate small	Unmanned	Aircraft	System	(UAS)	

equipped	to	conduct	aerial	photography	and	survey	for	various	industries and

hereby	applies	for	an	exemption	from	the	Federal	Aviation Regulations	(FARs)	

listed	below to	allow	operation	of	our	UAS	commercially	in	the	National	Airspace	

System	(NAS)	so	long	as	such	operations	are	conducted	with	and	under	the	

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

Section	333.

The	requested	exemption	would	permit	SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	

Brown	Photography	to	pursue	its	commercial	interests	in	providing	services	to	

consumers	interested	in	aerial	photograph	using	a	small,	commercial-off-the-shelf	

(COTS)	UAS	in	the	following	areas:

• Motion Picture Filming

• Fine Art and Real Estate Photography

• Agricultural and Construction Monitoring

• UAS Operator Training

• Promoting the Safe and Effective Use of Small UAS Technology

SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	Brown	Photography	UAS	operations	will	

only	occur	in	areas	approved	for	use	with	prior	verbal	or	written	consent.		Flight

operations	will	not	be	conducted	under	any	circumstances	within	the	Washington,	
DC	Special	Flight	Rules	Area	(SFRA)	or	the	Washington,	DC	Flight	Restricted	Zone	

(FRZ).

SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	Brown	Photography’s UAS	flights	will	be	

piloted	by	individuals	who	hold, at	a	minimum, Private	Pilot	Certificates and	if	

observers	are	not	qualified	pilots,	they	will	be	trained	by	to	understand	the	proper	

roles	of	an	observer,	communication	procedures,	proper	visual	scan	techniques,	

operations	at	non-towered	airports,	and	appropriate	sections	of	the	Aeronautical

Information	Manual	(AIM).		Proper	training	and	safety	is	of	upmost	importance.	

Regulations from which the exemption is requested:

14	C.F.R.	Part	21

14	C.F.R.	45.23	(b)

14	C.F.R.	61.113(a)	and	(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.	91.215

14	C.F.R.	(91.401	- 91.417)

Unmanned Aircraft System

SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	Brown	Photography requests to operate

DJI Phantom 2 Vision Plus, Phantom 3, and Inspire 1 multi-rotor UAS’ equipped with a 

three-axis gimbaled camera. The UAS weighs less than 25 lbs, have a built-in capability 

to limit the height the UAS flies above the ground, to limit the radius of the distance it 

flies from the operator and to exclude it from Class A, B, C and D airspace including a no 

fly zones. Each system also has the failsafe function of the autopilot system, which means 

when the communication between the main controller and the transmitter is lost, the

system will automatically “return to home” and will land safely. These UAS are 

considered COTS products and will not be altered or modified in any way. 

The petitioner will only operate its UAS in line-of-sight of a pilot and/or observer and

will operate at sites that are a safe distance from populated areas. UAS operators will 

insure that the UAS will create a nuisance or hazard for users of the NAS, the general 

public, livestock, pets, or wildlife. 

When conducting UAS flights within 3 miles of an airport, airport operators will be 

notified and the UAS operator will give the right-of-way to avoid flying in the proximity 

of full-scale aircraft.
The maximum flight time for each operational flight will not exceed 60 minutes.

Flights will be terminated at 25% battery power reserve should that occur prior to the 60

minute limit.

The UAS will be programmed so that it will not be operated at an altitude of no more 

than 600 feet AGL.

The UAS operator will be an FAA licensed airman holding, at a minimum an FAA 

Private Pilot Certificate.

The UAS proposed by the petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbal).

The UAS will operate at speeds not to exceed 55 knots.

Given the small size of the UAS and the restricted environment within which they

operate, the proposed UAS operations adhere to the Reform Act's safety requirements.

All UAS operators will be appropriately trained in small UAS operations including 

familiarization with all applicable regulations and guidance documents; local area charts, 

current NOTAMS and Aircraft Circulars; Radio Communications Procedures; Human 

Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather 

factors; Airmanship and Decision-making and Safe Operating Procedures.

SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	Brown	Photography requests exemption 

under Section 333 to enable to operate safe, low-risk commercial small UAV operations 

for the activities summarized in this request.

Sincerely, 

Travis J. Brown

Chief Operating Officer

SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	Brown	Photography

Alexandria, VA 22314

travis@travisjaybrown.com

(571) 344-3554

Attachments:

A. Exemption Requests and Equivalent Level of Safety

B. Maintenance Log

C. Flight Log
ATTACHMENT A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

SkyVue	Technologies,	LLC	d/b/a	Travis	Jay	Brown	Photography requests an 

exemption from the following regulations as well as any additional regulations that may 

apply to the operation of the UAS:

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 DJI Phantom 2 Vision 

Plus, Phantom 3, and Inspire 1 UAS.

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 small UAS 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 UAS.

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 that 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 UAS Flight Manual must be available to the crew at the 

ground station at all times.

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 UAS System 

ground-based control station consists of a small 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, we feel that this technique meets the intent 91.109 

and provides an equivalent level of safety.

14 CFR 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 UAS would be photography or survey of persons, vessels, vehicles or structures 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 either 

verbally or in writing. The aircraft will be operated at a low altitude allowing, if there is a 

loss of propulsion, 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.

14 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 UAS will always fly below 

600 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict 

with other aircraft. An AGL altimeter measurement above the takeoff point is transmitted 

via radio from the UAS on-board computer to the display screen held by the UAS 

operator, 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 UAS are battery operated 

and the maximum duration of flight from a single battery charge is 12-45 (depending on 

which UAS) minutes with a 20% reserve. Since the aircraft will never fly more than 1/2 

NM 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 also request exemption from 

the 30 min reserve and ask that our reserve will be to fly the mission to the point of 

intended landing and have at least a 20% battery reserve after that.

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." A small UAS 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 collocated 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 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 

perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The UAS operator 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 UAS operator is limited to 

repairing small cracks, replacing a propeller, checking electrical 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 UAS operator will document work

performed in accordance with 91.417 in the attached Maintenance Log. 
ATTACHMENT B

MAINTENANCE LOG

MODEL: _______________________ SERIAL NUMBER: __________________

DATE SUMMARY OF MAINTENANCE SIGNATURE RETURN

TO SERVICE
ATTACHMENT B

FLIGHT LOG

DATE LOCATIO

N

OPERATOR & 

OBSERVER

NAME

CUSTOMER MISSION

DO VFR 

CONDITIONS 

EXIST

AIRSAPCE 

STATUS NOTES