September 11, 2015

Exemption No. 12828

Regulatory Docket No. FAA−2015−1847

Mr. Robert B. Schneider

Research Laboratories, Inc.

2010 Jimmy Durante Boulevard 

Del Mar, CA 92192

Dear Mr. Schneider:

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 letter dated May 6, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Research Laboratories, Inc. (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

imaging and information services for the residential, commercial, and industrial sectors, and 

closed-set motion picture, television, and film production operations.

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.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

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 
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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 collection1 and closed set motion picture and 

filming. 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.

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, Research Laboratories, Inc. 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 and closed set motion picture and filming. This exemption is subject to the 

conditions and limitations listed below.

 

1 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.
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Conditions and Limitations

In this grant of exemption, Research Laboratories, Inc. 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

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 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 

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. 
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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.

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 
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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.

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 
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(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.

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.
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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.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Date: 05/08/2015

Number:	202-493-2251

Send	To: Docket	Operations

Attention: Sir	or	Madam

Office	Location:	

Docket	Operations	Room	W12-140	

of	the	West	Building	Ground	Floor	

at	1200	New	Jersey	Avenue,	SE.,	

Washington,	DC	

From:	

Robert	Schneider

CEO Research	Laboratories,	Inc.

Phone	Number: 714-852-2103

Total	Pages	Including	Cover:		8

Fax

X Reply	ASAP X Please	Comment X Please	Review For	Your	Information
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May	6,	2015

U.S.	Department	of	Transportation - Federal	Aviation	Administration

West	Building	Ground	Floor,	Room	w12-140

1200	New	Jersey	Avenue,	SE.

Washington,	DC	20590

Re:	Exemption	request	under	Section	333	of	the	FAA	Modernization	and	Reform	Act	of 2012	(the	

Reform	Act)	and	14	C.F.R.	Part	11

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,	Research	Laboratories,	Inc.,	a	software	and	technology	consulting	firm,	on	behalf of

itself and	its	related	affiliates	under	common	ownership	and	control,	hereby	applies	for	an	

exemption	from	the	listed	Federal	Aviation	Regulations	(FAR)	to	allow	safe	operation	of	unmanned	

aircraft	(UA)	in	concert	with	unmanned	aircraft	systems	(UAS) and	related	ground	control	stations

for	civil	commercial	use	within	the	National	Airspace	System.	The	purpose	being	aerial	imaging	and	

information	services	for	the	residential,	commercial,	and	industrial	sectors,	and	closed-set	motion	

picture,	television,	and	film	production	operations.

All	flight	operations	are	to	be	conducted	within	and	under	the	conditions	outlined	herein	and	as	

outlined	by	Title	14,	Section	333.

As	detailed	in	this	document	and	the	attached	supporting	documentation,	the	requested	exemption	

would	allow	safe	UA operation	under	human-supervised,	controlled	mission	planning	conditions	

with	public	safety	considerations	in	airspace	that	is	1)	limited	2)	pre-determined,	and 3)	controlled	

with	regard	to	the	safety	of	adults,	children,	and	animals.

Name	and	address	of	applicant:

Research	Laboratories,	Inc.

Robert	B.	Schneider

2010	Jimmy	Durante	Blvd.,	Suite 220F

Del	Mar,	CA	92192

Tel:	714-852-2103

Email:	rschneider@research-laboratories,	Inc.

Sincerely,

Robert	B.	Schneider

Research	Laboratories,	Inc.

Chief	Executive	Officer
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Statutory authority for proposed exemptions

We	are	seeking	exemption	from	regulations	outlined	in	Section	333	of	the	FAA	Modernization	and	

Reform	Act	of 2012	and	14	C.F.R.	Part	11.	This	request is	submitted as	our	business	is	engaged	in	

new	technologies,	and	advancing	the	existing	state	of	the	art	in	software	systems	related	to	aircraft,	

particularly	in	the	arena	of	unmanned	aircraft	systems with	an	emphasis	on	avionics,	ground	

control	stations,	and	telemetry.

We	are	also	seeking	exemption	the	following:	Part	21,	Subpart	H;	and	§§	45.23(b);	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)	&	(b);	91.405(a);	

91.407(a)(1);	91.409(a)(2);	and	91.417(a)	&	(b)	of	Title	14,	Code	of	Federal	Regulations (CFR).

Extent and reason for relief

The	UA	described	herein	is	the	popular	DJI	Phantom	2,	with	telemetry	and	avionics	operated	and	

controlled	by	a	computer	ground	station,	as	part	of	the	UAS,	and	utilizing	backup	system	

redundancy	using	the	factory	RF	handheld	remote	controller.	The	specifications,	as	they	pertain	to	

this	petition,	are	listed	below	in	the	Flight	planning	assumptions	and	limitations section. We	are	

seeking	relief	from	a	select	number	of	CFR’S	particularly	pertaining	to	airworthiness	and	

certification.	

Presently,	we	have	identified	a	need	for	aerial	imaging	services	for	commercial/residential	real	

industries,	real	estate,	and	tourism,	as	well	as	providing	aerial	inspection	services	for	commercial	

entities.	As	such,	we	are	interested	in	providing	aerial	information	services	to	include	images,	video,	

electronic	mapping/geographical	survey	work,	and	closed-set	motion	picture,	television,	and	film	

production	capacities for	a	broad	range	of	clientele.

An	exemption,	if granted,	would	increase	and	enhance	public	awareness	of	UA’s	by	having	a

commercial	entity	providing	leadership	in	this area.	We	also plan	on	offering	a weekend	ground	

school,	taught	by	Certified	Flight	Instructors	to	allow	hobby	users	a	better	opportunity	chance	to	

understand	the	aerodynamics	of	flight,	weather,	and	the	potential	hazards involved	in	flying	these	

craft	on	their	own.	By	educating	the	public on	UA’s	and	UAS	(systems) through	proper	stewardship,	

we	believe	they will	come	to	understand	that	it	is	not	as	simple	as	pushing	a	button,	or	

programming	a	GPS	to	achieve	the	desired	results	necessary	for	successfully	flying	a	UA	

mission/flight	plan.

Public interest and public safety

We	understand	the	need	for	public	education	in	this	arena.	Part	of	our	business	model	includes	

involvement	of	those	living	near,	or	even	working near	our	anticipated	flight	zones	to	come	out	and	

witness	the	actual	flight	live	from	the	ground	station,	by	an	experienced	pilot	to	help	increase	

public	awareness.	The	bystanders,	many	of	whom	are	very	interested	and	curious	about	this	

technology,	may	witness	first	hand	what	may	be	awe-inspiring	to	them.

We	expect	this	approach	to	be	both	a	learning	tool	and	a	sales	tool.	If	this	industry	is	to	succeed	on	

its	own	terms,	then	responsible	mission	planning,	cautious	flight	operation,	and	leadership	through	

example	are	crucial	elements	to	the	success	of	commercial	UA	operation.	As	will	be	demonstrated,	

we	intend	to	push	the	creative	boundaries	of	what	is	possible	with	these	smaller	craft,	and	

hopefully	advance	the	state	of	the	art	at	a	mid-tier	level	in	the	commercial	domain,	while	

maintaining	safe	flight	paths,	and	providing	multiple	layers	of	envelope	protection	for	our	UA	fleet.	
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Additionally,	all	flight	operations	will	be	performed	with	consent	of	the	property	owners,	including	

those	abutting	or	adjacent to	planned	flight	activities where	overflying	may	be	required	or	might	

otherwise	occur	accidentally.

Public safety equal to the existing rule of law

In	addition	to	compliance	with	FAA mandate,	our intent	is	to	operate	the	UA in	accordance	with	

published	Federal	Aviation	Regulations	(FAR/AIM),	while	adhering	to	an	equivalent	level	of	safety	

to general	aviation	flight	maneuvers.	Flight	operations	include system	redundancy,	backup	

telemetry,	and	an	audio-visual	warning	system. For	auto-pilot	operations,	GPS	programmed	

waypoints	will	be	entered,	the	craft	monitored	continuously,	and	operated	according	to	already	

prescribed	regulations	and	proposed	guidelines,	such	as	avoiding	flights	over	high	population	

density	areas,	over	persons,	in	prohibited	airspace,	while	maintaining	line-of-sight	(LOS) with	UA	

and	providing	self-certification	of	airworthiness. We	do	not	anticipate	flights	within	restricted	

airspace	or	major	metropolitan	cities,	or	wherever	UA operations	are	otherwise	prohibited without	

the	proper	authority	and	clearance	to	do	so.

Our	ground	control	station	has	safety	and	backup	features	that	extend	beyond	those	provided	by	

the	manufacturer.	For	example,	should	the	GPS	or	avionics	fail,	the	system	will	revert	from	

protected	mode (normal	law	via	GPS)	to	direct	law,	thereby	allowing	the	pilot	in	command	(PIC)	to	

take	control	of	the	aircraft	on	a	different	frequency	than	that	of	the	ground	control	station/UAS.	

Navigation, speed,	and	elevation	are	each	managed	individually	according to	the	flight	plan	and	

relayed	to	the	UAS/PIC	in	real-time.

Regarding	privacy,	flights	over	private	land	or	in	a	controlled	access	environment	will	occur	with	

knowledge	or	consent	by	the	property	owner(s).	Any	individuals who	are	readily	identifiable,	and

who	have	been	photographed	outside	the	permissible	area	will	not	be	shown	in	the	imaging,	unless	

a	release	form is	signed,	or	verbal	consent	is	otherwise	given.

Flight planning assumptions and limitations

In	addition	to	the	aforementioned	FARs	and	regulations	regarding	small	unmanned	aircraft	use,	

Research	Laboratories,	Inc.	will	adhere	to	the	following	assumptions	and	limitations	when	

conducting	its	planned	UA flight	operations	under	an	FAA	issued	exemption:

1. Weight

a. The	current	UA	weighs	less	than	10 pounds;

2. LOS

a. All	flights	operated	within	visual	line	of	sight	of	the	PIC,	per	current	regulations;	

3. Speed

a. Flight	speeds	for	the	current	UA	are	not	anticipated	to	exceed	30 knots	maximum	

indicated	airspeed,	except	under	ideal	weather	conditions;

4. Flight	time

a. Due	to	battery	limitations,	maximum	total	flight	time	for	each	operational	flight	is	

about	15	minutes.	The	manufacturer’s	user	manual	claims	flight	times	of	25	

minutes,	however,	real-world use	has	demonstrated	actual	flight	times	to	be	closer	

to	about	15	minutes;	slightly lower	in	high-wind	conditions.	As	battery	capacity	and	

storage	technology	improves	in	the	near	future,	flight	times	are	expected	to	

increase;

5. Propulsion	and	battery

a. The	UA	dynamically	calculates	battery	reserve	in real	time,	and	displays	this	

information	to	the	PIC via	the	UAS.	The	UA	will	slowly	descend	to	the	ground	if	the	
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battery	runs	below	a	preset	percentage,	currently	set	to	15%,	however,	a	safe	

landing	should	be	planned	and	executed	when	battery	life	reaches	30%	of	maximum	

capacity. The	attached	flight	manual	describes	battery	life	and	battery	management;

6. Altitude	and	elevation

a. Flights	are	expected	to	operate	below	200’	above	ground	level	(AGL) at	all	times,	

except	under	certain	circumstances	requiring	geographical	surveys,	and/or	aerial	

mapping	where	altitudes	are	not	expected	to	exceed	400’	AGL for	brief	periods	of	

ascent,	hover,	and	descent	to	capture	the	required	imaging	for

mapping/geographical	survey work;

7. Flight	Crew

a. Flight crew	for	each	flight	operation/mission	plan,	will	consist	of	the	UA	Pilot	who	

shall	maintain	visual	LOS	at	all	times.	For	larger	commercial	operations,	and	those	

requiring	greater	distances	afield,	a	spotter	may	be	utilized	for	tracking	purposes,	

and	as	a safety	precaution.	Spotter	would	have	the factory handheld	remote	as	a	

backup	control	system	in	the	event	of	a	telemetry/communication	system	failure,	or	

an	exception	(deviation)	from	the	established	flight	plan occurs,	or	in	the	event	a	

handoff	to	a	second	qualified	PIC	is	required	to	negotiate	a	safe	transition	around	a	

building	or	other	obstacle,	or	to	avoid	people	or	animals	nearby;

8. PIC

a. The	UA Pilot	will	be	trained	and	well-versed	in	mission	preparation,	flight

operations,	and	all	related	safety	procedures	as	detailed in	the	manufacturers	flight	

manual,	applicable	FARs,	and	company	policy;

9. Mission	planning	and	flight	operations

a. The	UA will	operate	either	within	established	flight	plan	pre-programming	

parameters,	or	flown	live	by	the	PIC	using	the	ground	control/mission	planning	

software as	part	of	the	UAS,	or	manually	by	the	PIC;

10. Location	safety

a. All	locations	will	be	appropriately	investigated	using	aerial	maps	(whenever	

available),	and	in-person	by	flight	crew	personnel	prior	to	flight	operations to	

determine	safe	takeoff and	landing	points;

11. Briefing,	planning,	and	debrief	activities

a. Mission	briefing	and	de-briefing	will	be	conducted	by	flight	crew,	including	clients,	

whenever	applicable;

12. Owner	consent

a. Verbal	or	written	consent/permission	will	be	obtained	from	the	property	owner(s)

prior	to	flight operations;

13. Competency and	experience

a. Pilot	will	have	sufficient	training	and	experience	in	flight	operations,	operational	

flight	characteristics of the	UA, and	will	perform	flight	planning	duties,	such	as	

weather briefings,	NOTAMs,	and	any	Temporary	Flight	Restrictions	(TFR);

14. Government	ordinance	and	permission

a. All	required	permissions	and	permits	will	be	obtained	from	federal,	territorial,	state,	

county	or municipal	jurisdictions;

15. Loss	of	communication equipment

a. If	the	UA loses	its	GPS	signal,	telemetry,	or	fails	to	establish	communications, it	is	

programmed	to	loiter	on	station	or	hover	until	the	battery	strength	runs	down	to	

the	predetermined	limits,	then	it	will	slowly	descend	to	the	ground per	internal	

programming	parameters.	If	one	of	the	two	communication	downlinks	are	lost,	the	

unit	is	programmed	to	fly	through	each	of	the	waypoints	and	return	to	the	point	of	

origin	(where	the	unit	was	powered	on);
6

14 CFR 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

Sections	61.113	(a)	&	(b)	limit	private	pilots	to	non-commercial operations.	 The	UA	will	not	carry	

crew	or	passengers,	thus	the	level	of	equivalent	training	and	experience	required	for	Section	61.113	

may	be	offset	by	adequate	preparation	and	planning.	For	the	proposed	commercial	operations,	the	

UA	will	utilize	the	onboard	GPS,	programmed	by	the	mission	planning	software,	and	monitored	in	

real-time	by	the	PIC,	and	the	ground	station	software	system/UAS	responsible	for	the	autopilot	

program.	Planned	flight	areas	will	be	controlled	or restricted	at	all	times	during	flight	maneuvers	

and	flight	operations.

While	the	inherent	risks	associated	with	the	relatively	new	class	of	UA	are	probably	greater	than	

the	general	public	is	aware,	this	ultimately	creates	the	need	for	a	safe	operating environment,	

especially	when	considering	commercial	use.	There	is	no	fuel	on	board	the	UA,	so	the	risk	of	fire	is	

vastly	diminished	when	compared	with	conventional	aircraft.	 The	FAA	would	be	provided	advance	

notice	of	any	operation	that	will	be	within	in	controlled	airspace	within	the	National	Airspace	

System	(NAS),	especially	operations	encroaching	upon	the	established	guidelines	for	unmanned	

aerial	flight	in	protected	airspace,	and	near	airports.

14 C.F.R. 91.103: Preflight Action

This	regulation requires	the	PIC	to	perform	certain	duties,	and	take	specific	actions	regarding	the	

airworthiness	of	the	aircraft	in	question.	An	exemption	is	needed	from	this	requirement	as	the	PIC	

would	perform	preflight	activities	outside	the	scope	of	general	aviation,	and	due	the the	physical	

nature	and	simple	design	characteristics	of	the	UA.	

Our UAS	has	several	features	that	integrate	modern	flight	planning,	such	as	weather,	terrain	maps,	

satellite	imagery, NOTAMS,	and	temporary	flight	restrictions	(if	available and	issued.) Company	

policy	requires	walk-though	reconnaissance of	the	intended	flight	path,	noting	nearby	hazards	and	

obstacles,	local	terrain,	local	animal	habitation,	nearby	pets,	and	protected	takeoff	and	landing	

areas.	The	flight	manual	suggests not	flying	near	obstacles,	crowds,	and	power	lines.

In	addition	to	the	manufacturers	suggested	pre-flight	checklist, the	ultimate	goal	is	to	create	a	flight	

plan	using	the	same	procedures as	a	general	aviation	flight from	start	to	finish.	

14 C.F.R. 91.119: Minimum Safe Altitudes

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.	

The	proposed	exemption	includes	the	use	of	a	rotorcraft	that	operates	with	similar	characteristics	

as	a	helicopter.	The	craft	is	capable	of	vertical	takeoff	and	landing	(VTOL),	and	will	be	operating	

most	of	the	time	at	about	10’	to	50’	AGL.	There	are	instances	where	300’	to	400”	AGL may	be		

required	for	brief	periods. Flight	maneuvers	will	be	carried	out	according	to	the	aforementioned	

security	measures	firmly	in	place,	and	include	an	elevated	safety	enclosure	to	prevent	children	and	

pets	from	accidentally	wandering	into	the	craft	during	takeoff	and	landing	activities.

Although	the	manufacturer	claims	a	maximum	speed of	up	to	15	m/s	(~33 MPH),	they	also	state	

that	it	is	not	recommended.	Certain	commercial	filming	is	likely	to	exceed	25 MPH for	brief	periods,	

but	not	on	average,	and	only	under	proper	atmospheric,	command,	and	control	conditions.	Total	

gross	weight	is	currently	under	12 LBS,	including	payload (camera,	gimbal),	avionics,	sound,	and	

lighting. Careful	consideration	would	be	given	with	regard	to	terrain,	and	nearby	obstacles	during	

all	phases of	flight	planning.
7

14 C.F.R. 91.121: Altimeter Settings

Via	custom	software	implementation,	our	UA	is	outfitted	with	a	barometric	altimeter	that	is	able	to	

compensate	for	non-standard	barometric	pressures	and	temperatures.	Field	elevation	may	also	be	

set	manually	prior	to	flight.

With	these	systems	in	place,	an	equivalent	level	of	safety,	with	regard	to	general	aviation	altimeter	

settings,	is	achieved	for	the	UA. The	attached	flight	manual	outlines	operation	of	the factory	

onboard	Inertial	Measurement	Unit (IMU),	which	has	a	built-in	inertial	sensor	and	a	barometric	

altimeter	that	measures	both	attitude	and	altitude.

14 CFR 91.151 (a): Fuel Requirements for Flight in VFR Conditions 

Section	91.151	(a)	outlines	fuel	requirements	for	flight	maneuvers	under	Visual	Flight	Rule (VFR)	

conditions.	The	UA will	be	flown	with	a	known	limitation	pertaining	to	actual	flight	time.	As	

mentioned	earlier,	this	is	~12	minutes.	Since	planned	operation	is	in	a	known	area,	and	flight	plans	

are	flown	according	to	predetermined	headings,	elevations,	and	attitudes,	this	range	and	flight	time	

limitation	require	an	exemption	from	14	CFR	91.151(a).

Since	the	powerplant	is	electric,	and	the	fuel	source	is	a	rechargeable	battery,	an	exemption	to	14	

CFR	§91.151	is	also	required	due	to	the	30	minute fuel	reserve	requirement.	Our	current	mandate	

is	to	prepare	for	and	execute	a	landing	as	soon	as	possible	when	the	battery	levels	reach	30%	of	

maximum	capacity.	We	perceive	an	exemption	from	14	CFR	§91.151	as	it	pertains	to	prior	

exemptions	granted	by	your	agency	to	Lockheed	Martin	Corporation,	and	Bechtel	Corporation	

under	FAR	91.151.	Since	most	flight	plans	are	estimated	to	be	12	minutes in	length,	and	flown	at	

dramatically	lower altitudes	than	general	aviation,	particularly	helicopters,	we	believe	an	

exemption	to	14	CFR	§91.151	is	reasonable.	Similar	exemptions	have	been	granted	to	other	

operators	including	exemptions	2689F,	5745,	10673,	10808,	and	11258 (for	reference.)

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections 

These	regulations	require	that	an	aircraft	operator	“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	.	.	.”	

Airworthiness	inspections	under	Part	43	are	generally	granted	to	general	aviation	aircraft,	

particularly	those	possessing	a	valid	airworthiness	certificate. The	UA	does	not	have	many	moving	

parts,	aside	from	the	four	electric	motors	powering	the	rotor	blades.	Maintenance	and	inspections	

will	fall	under	the	responsibility	of	the	flight	team,	and	ultimately	the	PIC.	In	addition	to	pre-flight	

activities	that	may	indicate	repairs,	any	in-flight	issues	that	arise	will	result	in	the	immediate	safe	

descent	and	landing	of	the	UA.	The	inherent	design	characteristics,	and	small	size	of	the	UA	make	

flight	nearly	impossible	with	even	the	slightest	component	failure,	thus,	proper	maintenance	and	

airworthiness	is	paramount	for	safe	flight	maneuvers.

Additionally,	with	low	flight	altitudes,	a	safely	controlled	flight	environment and	LOS	restrictions,	

an	equivalent	level	of	safety	is	obtained	to	prevent	harm	to	any	people,	animals,	or	structures in	the	

vicinity.	Furthermore,	the	limited	payload	and	battery	life	only	allow	for	shorter	flights,	and	are	in	

LOS	of	the	PIC	at	all	times	which	allow	for	brief	flight	plans	that	exercise	more	stringent	flight	

operations.

Since the	PIC	is	ultimately	responsible	for	the	airworthiness	of	the	aircraft, and	also	responsible	for	

a	go/no-go	takeoff	decision,	this	individual	is	best	suited	to	maintain	the	aircraft	or	suggest	
8

maintenance/repair procedures	which	may	terminate	a	flight	plan,	or	those	necessary	prior	to	the	

next	flight.

Privilege of utilizing exemption outside the continental U.S.

We	have	no	plans	to	operate	outside	of	the	United	States	at	present.

---------------------------------------------------------------------------------------------------------------------

Summary of Research Laboratories, Inc, Section 333 request for exemption 

for publication in the Federal Register

Per	14	C.F.R.	Part	11,	the	following	summary	is	provided	for	publication	in	the	Federal	Register,	if	

publication	is	necessary:

Applicant	seeks	an	exemption	from	the	following	rules	and	regulations	

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); 91.417	(a)	&	(b)	for	commercial	operation	of	small	

unmanned	vehicles (55 lbs. or	less.)

---------------------------------------------------------------------------------------------------------------------

Pursuant	to	the	guidelines	and	mission	outlined	in	Section	333	of	the	Reform	Act	of	2012,	

specifically	related	to	the	size,	weight,	operational	characteristics,	flight	in	proximity	to	national	

airspace,	controlled	airspace,	altitudes	near	airports,	crowds,	and	line-of-sight	restrictions,	we	feel	

that	this	appeal	provides	sufficient	rationale	for	the	grant	of	the	requested	exemption	to	allow

commercial	operation	of	this	applicant’s	UA	for	providing	aerial	information	services	to	include	

images,	video,	and	geographical	survey work	(mapping	services)	for	closed-set	motion	picture,	

television,	and	film	production	capacities, and	also	for	a	broad	range	of	clients in	the	residential,	

commercial,	and	industrial	sectors.

Additional supporting documentation

Our	CEO has	extensive	experience	in	enterprise	software	systems,	particularly	with	the	Northrop	

Grumman	Joint	Mission	Planning	System	(JMPS),	used	by	the	U.S.	Navy,	U.S.	Air	Force,	and	U.S.	Coast	

Guard.	Aircrew	use	JMPS	to	conduct	detailed	mission	planning		to	support	a	full	spectrum	of	

missions,	ranging	from	simple	training	to	complex	combat	scenarios.	Aircrew	save	the	required	

aircraft,	navigation,	threat,	and	weapons	data	on	a	data	transfer	device	that	they	load	into	the	

aircraft	prior	to	flight,	as	well	as	programming	waypoints,	fuel,	and	payload.

Additionally,	at	the	time	of	this	writing,	he	has	obtained	over	100 hours	of	ground	instruction	in	

Private	Pilot,	Helicopter/Rotorcraft,	and	Human	Factors	ground	school	in	Aviation,	including	45	

hours	of	simulator	time,	and	over	22	hours	practical	time counted toward	the	private	pilot rating.	

Written	exams	are	scheduled	for	May	25	and	May	27,	for the	FAA	Private	Pilot	and	

Helicopter/Rotorcraft,	respectively;	FAA	Private	Pilot	checkride	is	anticipated	to	be	scheduled	on	or	

around	July	1,	2015,	and	the	Helicopter/Rotorcraft	checkride	to	follow	in	late	Autumn.	

1. Supplemental	response	for	petition

2. PHANTOM2_User_Manual_v1.4_en

3. PHANTOM_Flying_Flowchart_v1.0_en

4. Smart_Flight_Battery_Safety_Guidelines
9