LANTEX

Landscape Architecture Inc.

28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

November 30, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., 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 (the Reform Act) and 14

C.F.R. Part 11, Lantex Landscape Architecture Inc. (LLA) a landscape architecture and planning

consulting and services company and operator of Small Unmanned Aircraft Systems (“sUASs”), hereby

applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation

of our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal

Aviation Administration (FAA) 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 Lantex Landscape Architecture, Inc. to pursue its commercial

interests in providing services to clients using a small advanced sUAS in the following areas:

 Precision agriculture aerial surveying

 Infrastructure inventory and mapping

 Open space review and evaluation

 Communications infrastructure inspection/monitoring

 Wildlife and forestry monitoring

 Construction site inspection and monitoring

 Public entity support operations.

 Real estate photography

 Environmental aerial surveying

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

and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2)

predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best

practices safety protocols followed by LAA at each of its client project locations. Approval of this

exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAA

Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft

systems in the national airspace system.” Section 333(c) of the Reform Act.
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

The name and address of the applicant is:

LANTEX Landscape Architecture, Inc.

Attn: Blake Hinman

28052 Camino Capistrano, Suite 211

Laguna Niguel, CA 92677

Phone: 949 683-1941

Email: blake.hinman@lantexla.com

Regulations from which the exemption is requested:

14 C.F.R. Part 21 Certification procedures for products and parts

14 C.F.R. 45.23(b) Identification and registration marking

14 C.F.R. 61.113 (a) & (b) Private pilot privileges and limitations: pilot in command.

14 C.F.R. 91.7 (a) Civil aircraft airworthiness

14 C.F.R. 91.9 (b) (2) Civil aircraft flight manual, marking, and placard requirements

14 C.F.R. 91.103 Preflight action

14 C.F.R. 91.109 Flight instruction; simulated instrument flight and certain flight tests

14 C.F. R. 91.119 Minimum safe altitudes; general

14 C.F.R. 91.121 Altimeter settings

14 C.F.R. 91.151 (a) Fuel requirements and flight in VFR conditions

14 C.F.R. 91.203 (a) & (b) Civil aircraft; certifications required

14 C.F.R. 91.405 (a) Maintenance required

14 C.F.R. 407 (a) (1) Operation after maintenance, preventative maintenance, rebuilding

or alteration

14 C.F.R. 409 (a) (2) Inspections

14 C.F.R. 417 (a) & (b) Maintenance records
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

I. STATUTORY AUTHORITY FOR EXEMPTIONS

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

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including

sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704;

14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may

operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a

threat to national security. In making this determination, the Secretary must consider:

• The sUAS’s size, weight, speed, and operational capability;

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populated areas and away from close proximity to

airports

Reform Act §333(a). If the Secretary determines that a sUAS “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.” Id. §333(c).

LANTEX Landscape Architecture Inc. sUASs are rotorcraft, weighting 55 or fewer lbs. including payload.

They operate, under normal conditions at a speed of no more than 50 knots and have the capability to

hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight

and will operate only within a sterile area. Such operations will insure that the sUAS will “not create a

hazard to users of the national airspace system or the public.”

We are petitioning for exemption to enable LANTEX Landscape Architecture Inc. to operate a DJI

Phantom 3 Professional Quadcopter equipped with a three-axis gimbaled camera and a DJI Phantom 3 

Standard Quadcopter equipped with a three-axis gimbaled camera. These sUAS all weigh less than 25

lbs., have a built- in capability to limit the height it flies above the ground, to limit the radius of the

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

zone feature. 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

trigger Return to Home and will land safely.

Given the small size of the sUAS involved and the restricted and sterile environment within which they

will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in

which Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to

commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted

areas in which the sUAS will operate, approval of the application presents no national security issue.

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

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations,
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in

the public interest. Accordingly, LANTEX Landscape Architecture, Inc. respectfully requests that the

FAA grant the requested exemption without delay.

Applicant interprets this provision to place the duty on the Administrator to not only process applications

for exemptions under section 333, but for the Administrator to craft conditions for the safe operation

of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory

requirements for approval. 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 that includes sUASs, from the requirement that all civil aircraft must have a

current airworthiness certificate.

II. PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a)

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether

certain unmanned aircraft systems may operate safely in the national airspace system (NAS) before

completion of the rulemaking required under Section 332 of the Reform Act. By granting an exemption

the FAA will fulfill Congress’s intent of allowing UAS to operate with significant safety precautions in

low risk environments.

The use of sUAS on a work site can significantly reduce the risk to workers of falls while inspecting,

surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to

areas that otherwise would require worker inspection. Falls are a leading source of workplace fatality

and injury on construction sites, and reducing falls through sUAS use for site imaging could save workers

lives.

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we

propose to fly in this application are under five pounds, and carry no combustible material on board, as

opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters

presents a marked safety increase for our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial

imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

Reform Act § 333 (a). Lastly, 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.” Id. §333(c) (emphasis added)

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption without

delay.
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

III. AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

LANTEX Landscape Architecture Inc. proposes that the exemption requested herein apply sUAS that have

the characteristics and that operate with the limitations listed herein. These limitations provide for at least

an equivalent or even higher level of safety to operations under the current regulatory structure because the

proposed operations represent a safety enhancement to the already safe operations conducted with

conventional aircraft. These limitations and conditions to which LANTEX Landscape Architecture, Inc.

agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will be less than 55 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates

battery reserve in real time, and will return to its ground station with at least 20% battery power

reserve should that occur prior to the 30 minute limit.

4. Flights will normally be operated below a maximum altitude of 400 feet AGL. If the height 

needs to be outside the blanket parameters a separate COA specific to the airspace shall be

required for that operation must be obtained.

5. The crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his

visual line of sight at all times.

6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the

Flight Manual.

7. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. The

Manual also requires the establishment of a “Security Perimeter” for the flight operations area.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s

production activities. It will be mandatory that all personnel who will be performing duties

within the boundaries of the safety perimeter be present for this briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will

obtain additional verbal or written consent of all persons who will be allowed within 100 feet of

the flight operation.

10. Pilot will have been trained in operation of UASs generally and received up-to-date information

on the particular UAS to be operated as required by Section F of the Manual.

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

12. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

13. If the sUAS loses communications or loses its GPS signal, it will have capability to enter

“loiter mode” and hover, reestablish satellite connection, and return to a predetermined

location within the Security Perimeter and land.
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 C.F.R. § 45.23 (b). Identification and registration markings

(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman capital

letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each

suffix letter used in the marks displayed must also be a Roman capital letter.

(b) When marks include only the Roman capital letter “N” and the registration number is displayed

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft,

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in

letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light- sport,”

“experimental,” or “provisional,” as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be

placed. Given the size of the sUAV, two-inch lettering will be impossible. The word “Experimental”

will be placed on the fuselage in compliance with §45.29 (f).

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by

§45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the

UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions

Nos. 10700, 8738, 10167 and 10167A.

14 CFR § 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

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

pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for

compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an

aircraft.

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

connection with any business or employment if:

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

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

(c) A private pilot may not pay less than the pro rata share of the operating expenses of a flight

with passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees.

(d) A private pilot may act as pilot in command of a charitable, nonprofit, or community event

flight described in §91.146, if the sponsor and pilot comply with the requirements of §91.146.

(e) A private pilot may be reimbursed for aircraft operating expenses that are directly related to

search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or

rental fees, and the operation is sanctioned and under the direction and control of:

(1) A local, State, or Federal agency; or
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

(2) An organization that conducts search and location operations.

(f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time

may demonstrate an aircraft in flight to a prospective buyer.

(g) A private pilot who meets the requirements of §61.69 may act as a pilot in command of an

aircraft towing a glider or unpowered ultralight vehicle.

(h) A private pilot may act as pilot in command for the purpose of conducting a production flight

test in a light-sport aircraft intended for certification in the light-sport category under §21.190 of this

chapter, provided that—

(1) The aircraft is a powered parachute or a weight-shift-control aircraft;

(2) The person has at least 100 hours of pilot-in-command time in the category and class of aircraft

flown; and

(3) The person is familiar with the processes and procedures applicable to the conduct of

production flight testing, to include operations conducted under a special flight permit and any

associated operating limitations.

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current

operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course of

100 hours before flying a sUAS. Unlike a conventional aircraft that carries the pilot and passengers, the

sUAS is remotely controlled with no living thing or cargo on board. SPSRV’s sUAS is also operated by 

an autopilot, which greatly reduces the danger of human error.

14 C.F.R. §91.7(a): Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

(b) The pilot in command of a civil aircraft is responsible for determining whether that aircraft is in

condition for safe flight. The pilot in command shall discontinue the flight when un-airworthy

mechanical, electrical, or structural conditions occur.

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the

requirements contained in the Manual for maintenance and use of safety check lists prior to each flight, as

set forth in Sections J, L and Q, an equivalent level of safety will be provided.

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

(a) Except as provided in paragraph (d) of this section, no person may operate a civil aircraft

without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight

Manual, markings, and placards, or as otherwise prescribed by the certificating authority of the country

of registry.
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

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

(1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter unless

there is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual

provided for in §121.141(b); and

(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.

(c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in

accordance with part 45 of this chapter.

(d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at a

heliport constructed over water may make such momentary flight as is necessary for takeoff or landing

through the prohibited range of the limiting height-speed envelope established for the helicopter if that

flight through the prohibited range takes place over water on which a safe ditching can be accomplished

and if the helicopter is amphibious or is equipped with floats or other emergency flotation gear adequate

to accomplish a safe emergency ditching on open water.

Section 91.9 (b) (2) provides: 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. The sUAS, given its size and configuration has no

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

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

The equivalent level of safety will be maintained by keeping the flight manual at the ground control point

where the pilot flying the sUAS will have immediate access to it. 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.

14 C.F.R. § 91.103: Preflight action

Each pilot in command shall, before beginning a flight, become familiar with all available

information concerning that flight. This information must include—

(a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts,

fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic

delays of which the pilot in command has been advised by ATC;

(b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing

distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff

and landing distance data is required, the takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable

information appropriate to the aircraft, relating to aircraft performance under expected values of

airport elevation and runway slope, aircraft gross weight, and wind and temperature.
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

This regulation requires each pilot in command to take certain actions before flight to insure the safety

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption

will be needed. The PIC will take all actions including reviewing weather, flight battery requirements,

landing and takeoff distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.109: Flight instruction:

(a) No 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. However, instrument flight

instruction may be given in an airplane that is equipped with a single, functioning throwover control

wheel that controls the elevator and ailerons, in place of fixed, dual controls, when—

(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at least a private pilot certificate with appropriate

category and class ratings.

(b) An airplane equipped with a single, functioning throwover control wheel that controls the

elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a

flight review required by §61.56 of this chapter, or to obtain recent flight experience or an instrument

proficiency check required by §61.57 when—

(1) The airplane is equipped with operable rudder pedals at both pilot stations;

(2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during

the entire flight;

(3) The instructor is current and qualified to serve as pilot in command of the airplane, meets the

requirements of §61.195(b), and has logged at least 25 hours of pilot-in-command flight time in the

make and model of airplane; and

(4) The pilot in command and the instructor have determined the flight can be conducted safely.

(c) No person may operate a civil aircraft in simulated instrument flight unless—

(1) The other control seat is occupied by a safety pilot who possesses at least a private pilot

certificate with category and class ratings appropriate to the aircraft being flown.

(2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent

observer in the aircraft adequately supplements the vision of the safety pilot; and

(3) Except in the case of lighter-than-air aircraft, that aircraft is equipped with fully functioning dual

controls. However, simulated instrument flight may be conducted in a single-engine airplane, equipped

with a single, functioning, throwover control wheel, in place of fixed, dual controls of the elevator and

ailerons, when—

(i) The safety pilot has determined that the flight can be conducted safely; and

(ii) The person manipulating the controls has at least a private pilot certificate with appropriate

category and class ratings.
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

Telephone 949 683-1941, Fax 949 347-8305 Email blake.hinman@lantexla.com License CA#2403, AZ#53787

(d) No person may operate a civil aircraft that is being used for a flight test for an airline transport

pilot certificate or a class or type rating on that certificate, or for a part 121 proficiency flight test, unless

the pilot seated at the controls, other than the pilot being checked, is fully qualified to act as pilot in

command of the aircraft.

Section 91.103 provides that no 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 fully functional dual controls. Flight

control is accomplished through the use of a control box that communicates with the aircraft via radio

communications. 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. See Exemption

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum safe altitudes

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

following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue

hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open

air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of

2,000 feet of the aircraft.

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

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to

any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is

conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of

this section, provided each person operating the helicopter complies with any routes or altitudes

specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the

minimums prescribed in paragraph (c) of this section.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating the

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption

is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400

AGL. As set forth herein, the UAS will never operate at higher than 400 AGL. If the height needs to be 

outside the blanket parameters a separate COA specific to the airspace shall be required for that operation 

must be obtained. Compared to flight operations with aircraft or rotorcraft weighting far more
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than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these

operations is far less than those presently presented with conventional aircraft operating at or below 500

AGL other industries. In addition, the low-altitude operations of the sUAS will ensure separation between

these small-UAS operations and the operations of conventional aircraft that must comply with Section

91.119.

14 C.F.R. §91.121: Altimeter Settings

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that

aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles

of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current

reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an

appropriate altimeter setting available before departure; or

(2) At or above 18,000 feet MSL, to 29.92ʺ Hg.

(b) The lowest usable flight level is determined by the atmospheric pressure in the area of

operation as shown in the following table:

Current altimeter setting Lowest usable flight level

29.92 (or higher) 180

29.91 through 29.42 185

29.41 through 28.92 190

28.91 through 28.42 195

28.41 through 27.92 200

27.91 through 27.42 205

27.41 through 26.92 210

(c) To convert minimum altitude prescribed under §§91.119 and 91.177 to the minimum flight

level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the

appropriate number of feet specified below, according to the current reported altimeter setting:

Current altimeter setting Adjustment factor

29.92 (or higher) None

29.91 through 29.42 500

29.41 through 28.92 1,000

28.91 through 28.42 1,500
28052 Camino Capistrano, Suite 211, Laguna Niguel, CA 92677

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28.41 through 27.92 2,000

27.91 through 27.42 2,500

27.41 through 26.92 3,000

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

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

before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out,

an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to

the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight.

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

(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.

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

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and,

assuming normal cruising speed, to fly after that for at least 20 minutes.

Section 91.151 (a) prohibits an individual from beginning “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.”

The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30-

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10

minutes in length. Given the limitations on the UAS’s proposed flight area and the location of its

proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR

conditions is reasonable. Applicant believes that an exemption from 14 CFR §91.151(a) falls within the

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where

only people and property owners or official representatives who have signed waivers will be allowed,

with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was

intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10

minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that

an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of battery 

power whichever happens first. This restriction would be more than adequate to return the sUAS to its
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planned landing zone from anywhere in its limited operating area. Similar exemptions have been

granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) (1) & (b): Civil aircraft: Certifications required

(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. Each U.S. airworthiness certificate used to

comply with this subparagraph (except a special flight permit, a copy of the applicable operations

specifications issued under §21.197(c) of this chapter, appropriate sections of the air carrier manual

required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued

under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to

the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an

assigned special identification number before 10 days after that number is first affixed to the aircraft. A

revised airworthiness certificate having on it an assigned special identification number, that has been

affixed to an aircraft, may only be obtained upon application to an FAA Flight Standards district office.

(2) An effective U.S. registration certificate issued to its owner or, for operation within the United

States, the second copy of the Aircraft registration Application as provided for in §47.31(c), or a

registration certification issued under the laws of a foreign country.

(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.

(c) No person may operate an aircraft with a fuel tank installed within the passenger compartment or

a baggage compartment unless the installation was accomplished pursuant to part 43 of this chapter, and a

copy of FAA Form 337 authorizing that installation is on board the aircraft.

(d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the

United States unless it complies with the fuel venting and exhaust emissions requirements of part 34 of

this chapter.

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As such,

there is no ability or place to carry certification and registration documents or to display them on the

sUAS.

An equivalent level of safety will be achieved by keeping these documents at the ground control point

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to

the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.
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14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

§91.405 Maintenance required.

Each owner or operator of an aircraft—

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

required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as

prescribed in part 43 of this chapter;

(b) Shall ensure that maintenance personnel make appropriate entries in the aircraft maintenance

records indicating the aircraft has been approved for return to service;

(c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by

§91.213(d)(2) of this part, repaired, replaced, removed, or inspected at the next required inspection; and

(d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a

placard has been installed as required by §43.11 of this chapter.

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

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

rebuilding, or alteration unless—

and

(1) It has been approved for return to service by a person authorized under §43.7 of this chapter;

(2) The maintenance record entry required by §43.9 or §43.11, as applicable, of this chapter has

been made.

(b) No person may carry any person (other than crewmembers) in an aircraft that has been

maintained, rebuilt, or altered in a manner that may have appreciably changed its flight characteristics or

substantially affected its operation in flight until an appropriately rated pilot with at least a private pilot

certificate flies the aircraft, makes an operational check of the maintenance performed or alteration

made, and logs the flight in the aircraft records.

(c) The aircraft does not have to be flown as required by paragraph (b) of this section if, prior to

flight, ground tests, inspection, or both show conclusively that the maintenance, preventive

maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or

substantially affected the flight operation of the aircraft.

(Approved by the Office of Management and Budget under control number 2120-0005)

§91.409 Inspections.

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

within the preceding 12 calendar months, it has had—
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(1) An annual inspection in accordance with part 43 of this chapter and has been approved for

return to service by a person authorized by §43.7 of this chapter; or

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this

chapter.

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

required by this paragraph unless it is performed by a person authorized to perform annual inspections

and is entered as an “annual” inspection in the required maintenance records.

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

any person (other than a crewmember) for hire, and no person may give flight instruction for hire in an

aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft

has received an annual or 100-hour inspection and been approved for return to service in accordance

with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate

in accordance with part 21 of this chapter. The 100-hour limitation may be exceeded by not more than

10 hours while en route to reach a place where the inspection can be done. The excess time used to reach

a place where the inspection can be done must be included in computing the next 100 hours of time in

service.

(c) Paragraphs (a) and (b) of this section do not apply to—

(1) An aircraft that carries a special flight permit, a current experimental certificate, or a light-sport

or provisional airworthiness certificate;

(2) An aircraft inspected in accordance with an approved aircraft inspection program under part

125 or 135 of this chapter and so identified by the registration number in the operations specifications of

the certificate holder having the approved inspection program;

(3) An aircraft subject to the requirements of paragraph (d) or (e) of this section; or

(4) Turbine-powered rotorcraft when the operator elects to inspect that rotorcraft in accordance

with paragraph (e) of this section.

(d) Progressive inspection. Each registered owner or operator of an aircraft desiring to use a

progressive inspection program must submit a written request to the FAA Flight Standards district office

having jurisdiction over the area in which the applicant is located, and shall provide—

(1) A certificated mechanic holding an inspection authorization, a certificated airframe repair

station, or the manufacturer of the aircraft to supervise or conduct the progressive inspection;

(2) A current inspection procedures manual available and readily understandable to pilot and

maintenance personnel containing, in detail—

(i) An explanation of the progressive inspection, including the continuity of inspection

responsibility, the making of reports, and the keeping of records and technical reference material;

(ii) An inspection schedule, specifying the intervals in hours or days when routine and detailed

inspections will be performed and including instructions for exceeding an inspection interval by not

more than 10 hours while en route and for changing an inspection interval because of service

experience;

(iii) Sample routine and detailed inspection forms and instructions for their use; and
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(iv) Sample reports and records and instructions for their use;

(3) Enough housing and equipment for necessary disassembly and proper inspection of the aircraft;

(4) Appropriate current technical information for the aircraft.

The frequency and detail of the progressive inspection shall provide for the complete inspection of the

aircraft within each 12 calendar months and be consistent with the manufacturer's recommendations, field

service experience, and the kind of operation in which the aircraft is engaged. The progressive inspection

schedule must ensure that the aircraft, at all times, will be airworthy and will conform to all applicable

FAA aircraft specifications, type certificate data sheets, airworthiness directives, and other approved data.

If the progressive inspection is discontinued, the owner or operator shall immediately notify the local

FAA Flight Standards district office, in writing, of the discontinuance. After the discontinuance, the first

annual inspection under §91.409(a)(1) is due within 12 calendar months after the last complete

inspection of the aircraft under the progressive inspection. The 100-hour inspection under §91.409(b) is

due within 100 hours after that complete inspection. A complete inspection of the aircraft, for the

purpose of determining when the annual and 100-hour inspections are due, requires a detailed inspection

of the aircraft and all its components in accordance with the progressive inspection. A routine inspection

of the aircraft and a detailed inspection of several components is not considered to be a complete

inspection.

(e) Large airplanes (to which part 125 is not applicable), turbojet multiengine airplanes,

turbopropeller-powered multiengine airplanes, and turbine-powered rotorcraft. No person may operate a

large airplane, turbojet multiengine airplane, turbopropeller-powered multiengine airplane, or turbinepowered rotorcraft unless the replacement times for life-limited parts specified in the aircraft

specifications, type data sheets, or other documents approved by the Administrator are complied with and

the airplane or turbine-powered rotorcraft, including the airframe, engines, propellers, rotors, appliances,

survival equipment, and emergency equipment, is inspected in accordance with an

inspection program selected under the provisions of paragraph (f) of this section, except that, the owner

or operator of a turbine-powered rotorcraft may elect to use the inspection provisions of §91.409(a), 

(b), (c), or (d) in lieu of an inspection option of §91.409(f).

(f) Selection of inspection program under paragraph (e) of this section. The registered owner or

operator of each airplane or turbine-powered rotorcraft described in paragraph (e) of this section must

select, identify in the aircraft maintenance records, and use one of the following programs for the

inspection of the aircraft:

(1) A continuous airworthiness inspection program that is part of a continuous airworthiness

maintenance program currently in use by a person holding an air carrier operating certificate or an

operating certificate issued under part 121 or 135 of this chapter and operating that make and model

aircraft under part 121 of this chapter or operating that make and model under part 135 of this chapter

and maintaining it under §135.411(a)(2) of this chapter.

(2) An approved aircraft inspection program approved under §135.419 of this chapter and 

currently in use by a person holding an operating certificate issued under part 135 of this chapter.

(3) A current inspection program recommended by the manufacturer.

(4) Any other inspection program established by the registered owner or operator of that airplane

or turbine-powered rotorcraft and approved by the Administrator under paragraph (g) of this section.
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However, the Administrator may require revision of this inspection program in accordance with the

provisions of §91.415.

Each operator shall include in the selected program the name and address of the person responsible for

scheduling the inspections required by the program and make a copy of that program available to the

person performing inspections on the aircraft and, upon request, to the Administrator.

(g) Inspection program approved under paragraph (e) of this section. Each operator of an airplane

or turbine-powered rotorcraft desiring to establish or change an approved inspection program under

paragraph (f)(4) of this section must submit the program for approval to the local FAA Flight Standards

district office having jurisdiction over the area in which the aircraft is based. The program must be in

writing and include at least the following information:

(1) Instructions and procedures for the conduct of inspections for the particular make and model

airplane or turbine-powered rotorcraft, including necessary tests and checks. The instructions and

procedures must set forth in detail the parts and areas of the airframe, engines, propellers, rotors, and

appliances, including survival and emergency equipment required to be inspected.

(2) A schedule for performing the inspections that must be performed under the program

expressed in terms of the time in service, calendar time, number of system operations, or any

combination of these.

(h) Changes from one inspection program to another. When an operator changes from one

inspection program under paragraph (f) of this section to another, the time in service, calendar times, or

cycles of operation accumulated under the previous program must be applied in determining inspection

due times under the new program.

§91.417 Maintenance records.

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

operator shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must

include—

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

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

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

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

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

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

overhauled on a specified time basis.
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(iv) The current inspection status of the aircraft, including the time since the last inspection

required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for

each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety

directive involves recurring action, the time and date when the next action is required.

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

airframe and currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

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

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

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

the aircraft at the time the aircraft is sold.

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

be retained until the defects are repaired and the aircraft is approved for return to service.

(c) The owner or operator shall make all maintenance records required to be kept by this section

available for inspection by the Administrator or any authorized representative of the National

Transportation Safety Board (NTSB). In addition, the owner or operator shall present Form 337

described in paragraph (d) of this section for inspection upon request of any law enforcement officer.

(d) When a fuel tank is installed within the passenger compartment or a baggage compartment

pursuant to part 43 of this chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft

by the owner or operator.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

prescribed in subpart E of this part and shall between required inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and

others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these sections

will not apply to the applicant. The operator pursuant to the flight manual and operating handbook will

accomplish maintenance. An equivalent level of safety will be achieved because these small UASs are

very limited in size and will carry a small payload and operate only in restricted areas for limited periods

of time. If mechanical issues arise the UAS can land immediately and will be operating from no higher

than 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in working order

prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed.

Moreover, 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.

*********

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:
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14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b)

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a);91.407 (a) (1); 91.409 (a)

(2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55lbs or less).

Approval of exemptions allowing commercial operations of sUASs, will enhance safety by reducing risk.

Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet

from the subjects being filmed and in extreme proximity to people and structures and present the risks

associated with vehicles that weigh in the neighborhood of 4,000lbs, carrying large amounts of jet A or

other fuel. Such aircraft must fly to and from the operational location. In contrast, a sUAS weighing fewer

than 55 lbs. 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 carried to the operation site and not flown. 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 small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined

above, 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 aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as

a result, are far safer than conventional operations conducted with turbine helicopters operating in close

proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent

and knowledge. Filming will be of people who have also consented to being filmed or otherwise have

agreed to be in the area where filming will take place. The grant of this exemption request will provide

improved safety in both day and night operations. 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 – provide more than adequate

justification for the grant of the requested exemptions allowing commercial operation of applicant’s UAS.

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 – provide more than adequate justification for the grant of the requested exemptions

allowing commercial operation of applicant’s sUAS in our clients’ specified industries.

Sincerely,

Blake Hinman

Principal

LANTEX

Landscape Architecture, Inc.