Autonomous Flight Technologies, Inc.

 June 19th, 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/Madam,

We present this exemption request without obtaining any legal counsel or service on our own behalf. Pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act),and 14 C.F.R. Part 11, Autonomous 

Flight Technologies, Inc. (AFT), a Virginia based corporation operating Small Unmanned Aircraft Systems (sUAS) 

equipped to conduct aerial photography, research, and survey for various industries, hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our 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 Autonomous Flight Technologies, Inc. to pursue its commercial interests in 

providing services to consumers interested aerial data capture using a small advanced sUAS in the following areas:

Industrial Surveying

Agricultural Surveying

Research and Development

Emergency Response Operation and Training

sUAS Operator Training

Real Estate Photography

Product Demonstrations

Autonomous Flight Technologies, Inc. assures that all sUAS flights that will occur over private or controlled access 

property will do so with the property owner's prior consent and knowledge and that only people who have 

consented or otherwise have agreed to be in the area where photography and videography will take place will be 

captured.

Additionally, AFT pilots will have previous sUAS flight hours as well as expert knowledge in FARs or have undergone 

our training program where they will accumulate the hours and knowledge. Furthermore no observer will be 

permitted to be present during flight unless instructed on both safety and communication protocol and/or have 

undergone said training courses offered by AFT.
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

sUAS are a useful tool to gain data and video without impacting or impeding any structural feature for the job at 

hand. Costs are considerably more affordable with zero environmental impact. We are petitioning for exemption 

to enable AFT to operate a DJI Phantom 3 Plus multi-rotor equipped with a three-axis gimbaled camera, a DJI 

Inspire 1 multi-rotor equipped with a three-axis gimbaled camera, a DJI S-800 multi-rotor equipped with a threeaxis gimbaled camera, and a Anaconda fixed wing sUAS equipped with a fixed position multi-spectral camera, 3 

axis gimbaled camera. These sUAS all weigh less than 50 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. 
The above specifications meet standards listed below, some derived in accordance with the Model Aircraft 

Operating Standards obtained from the Aeronautical Model Association:

• The petitioner will only operate its sUAS in line of sight of a pilot and/or observer and will operate at sites that 

are a 'sufficient distance' from populated areas within the sterile area described in the operator’s manual. Such 

operations will insure that the sUAS will "not create a hazard to users of the national airspace system or the 

public."

• When flying sUAV within 3 miles of an airport, airport operators will be notified and the operator will give the 

right of way to avoid flying in the proximity of full-scale aircraft.

• Maximum flight time for each operational flight will be 60 minutes.

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

• The sUAV will be programmed so that it will not be operated at an altitude of no more than 400 feet AGL, and 

not more than 200 feet above an elevated platform from which filming is planned.

• Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and 

gimbal).

• The sUAS will operate at speeds of no more than 55 knots.

• Given the small size of the sUAS and the restricted sterile environment within which they will operate, our sUAS 

operations adhere to the Reform Act's safety requirements.

Additionally, AFT, Inc. employees, with over 15 years of autonomous aircraft research and design, maintenance, 

and flight training, all are active members of the Aeronautical Model Association (AMA). Furthermore we hold 

both leader and industrial accreditations and have adhered to all rules of the FAA’s Special Rule for Model Aircraft 

as well as the operating procedures of the AMA. Many of our employees carry FAA pilot certificates. This 

demonstrates we have a high regard to safe operations with an understanding of FARs, pre-flight inspections, 

maintenance and repair, operations within airspace, as well as being trained to high safety standards. Under the 

requested exemption AFT ensures that all operators have completed a small unmanned aircraft systems (UAS) 

education and training program including all applicable regulations and guidance documents; including 

aeronautical background information such as charts, NOTAMS and Aircraft Circulars; Radio Communications 

Procedures; Human Factors and Crew Resource Management; Basic Small UAS Aerodynamics; Weather factors; 

Airmanship and Decision-making and Safe Operating Procedures. We respectfully request exemption under

Section 333 to enable RFS to operate safe, low-risk commercial sUAV operations for the activities stated. ATF at all 

times will respect the space and privacy of citizens and property whilst keeping our skies safe. 

Best Regards,

Josh May
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

RoboFlight Systems requests an exemption from the following regulations as well as any

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

14 CFR Part 21, Airworthiness Certificates

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

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

experimental certificate be issued for the DJI Phantom 2 Vision plus, DJI S-900, DJI Inspire, and

RF-70 sUAS under either or both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new

aircraft equipment, new aircraft installations, new aircraft operating techniques, or

new uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other

operations to show compliance with the airworthiness regulations including flights to show

compliance for issuance of type and supplemental type certificates, flights to substantiate

major design changes, and flights to show compliance with the function and reliability

requirements of the regulations. Since the experimental certificate can be used for

commercial purposes such as market surveys, sales demonstrations, and customer crew

training, we would expect that an experimental certificate would permit our commercial

purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will

only fly under strict operational requirements. Combined with the UA's light weight, being

constructed primarily of foam, carbon fiber, and/or plastic, we propose that the UA will be

at least as safe, if not safer, than a conventionally certificated aircraft performing the same

mission. If an experimental airworthiness certificate is not appropriate for this application,

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

airworthiness certificate in general, citing the equivalent level of safety outlined in the
previous paragraph.

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

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

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

in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. The sUAV

does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may not have

a registration number assigned to it by the FAA. We propose to achieve an equivalent level of

safety by including the word "EXPERIMENTAL" in the placard on the top of the aircraft, as shown

above, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will

be able to see the designation. Additionally, we feel that the permanent placard discussed in the

previous paragraph will provide the aircraft's registration information at the ground station. Finally,

we will display at the ground station a high contrast flag or banner that contains the words

"Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will

operate within 3/4 NM of the ground station, the banner should be visible to anyone that observes

the aircraft and chooses to investigate its point of origin. 

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

Commercial pilot privileges and limitations.

The regulation provides that no person 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 sUAS Flight

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

for, flight.

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

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

instruction unless that aircraft has fully functioning dual controls." The sUAS System 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 sUAS

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 and careful pre-planned has been performed. The

aircraft will be operated at a low altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface. Therefore we maintain that due to the

small size of the UAS, the hazard to persons, vehicles and structures is minimal compared to

manned aircraft, which should be considered in granting the exemption.
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 sUAS will always fly below 600 feet AGL and will

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

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

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

readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

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

unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least

30 minutes. We feel the intention of this paragraph is to provide an energy reserve as a safety

buffer for delays to landing. The sUAS are battery operated and the maximum duration of flight from

a single battery charge is 12-45 (depending on which sUAS) 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 request an

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 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." With our largest vehicle, the RF-70, at a maximum gross weight of

13 pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not

capable of carrying passengers or crew. To obtain an equivalent level of safety and meet the intent

of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be colocated

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 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.