Montico, Inc. 

Better Connections, Better Business 

j ' 

. ; . '·-. . , .l. 

August 8, 2014 

3 i : ': 0 

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 and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. 45.23(b);14 CFR Part 21 ;14 CFR 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);91.417 (a) & (b). 

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, Montico, Inc. a communications development firm, hereby applies 

for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its sUASs, so long as such operations are conducted within and under the 

conditions outlined herein or as may be established by the FAA as required by Section 333. 

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 tower inspections 

and mapping operations, to an existing tower structure. We will be operating in an airspace 

previously reviewed by the FAA for the construction of the tower therefore the airspace of the 

controlled operations area creates no additional hazard to the national airspace. Approval of 

this exemption would therefore create no safety concerns regarding national airspace 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. 

The name and address of the applicant is: 

Montico, Inc. 

Attn: Ronald Wingo 

Email rwingo@montico.net 

2710 N. Argyle 

Fresno, CA 93727 

(559)291-1176 

2710 N. Argyle, Fresno, CA 93727 - {559}291-1176 

Fresno -Albuquerque -Spokane - Memphis 

1 
Montico, Inc. 

Better Connections, Better Business 

Regulations from which the exemption is requested : 

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 91 .7 (a) 

14 CFR 91.9 (b) (2) 

14 C.F.R. 91 .103 

14 C.F.R. 91.109 

14 C.F. R. 91.119 

14 C.F.R. 91 .121 

14CFR91 .151 (a) 

14 CFR 91 .203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

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. In making this determination, the Secretary is required to determine which types of UASs 

do not create a hazard to users of the NAS or the public or pose a threat to national security in 

light of the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

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." 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 §401 01 of the Act, that includes sUASs, from the requirement that all civil 

aircraft must have a current airworthiness certificate. 

2710 N. Argyle, Fresno, CA 93727 - {559}291-1176 

Fresno - Albuquerque - Spokane - Memphis 

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Montico, Inc. 

Better Connections, Better Business 

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 ). 

Montico Inc.'s sUASs are rotorcraft, weighing 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 small controlled area described in the Confidential 

Operations Procedures, attached as Exhibit A (hereinafter "Procedures") Such operations will 

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

public.'' 

Applicant submits this Procedures as a Confidential and Proprietary document under 14 

CFR 11 .35 (b) as the entire Procedures contains proprietary information that the applicant has 

not and will not share with others. The Procedures contains operating conditions and 

procedures that are not available to the public and are protected from release under the 

Freedom of Information Act 5 USC 552 et.seq. 

Given the small size of the sUASs involved and the restricted controlled environment 

within which they will operate, the applicant falls squarely within that zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of UASs to commence immediately. Also due to the size of the UASs 

and the controlled areas in which the relevant sUASs will operate, approval of the application 

presents no national security issue. Given the following , the grant of the requested exemptions 

is clearly in the public interest: 

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

Federal Aviation Act, as amended 

• the level of safety surrounding the proposed operations, and the significant 

public benefit 

• innovative reductions in physical dangers of personnel climbing towers and/or 

the use of high rise heavy equipment, thus reduced emissions associated with 

allowing UASs operations 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption 

without delay. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These limitations 

provide for an exceptional level of safety to operations. These limitations and conditions to 

which Montico, Inc. agrees to be bound when conducting commercial operations under an FAA 

issued exemption include: 

2710 N. Argyle, Fresno, CA 93727 - {559)291-11 76 

Fresno - Albuquerque - Spokane - Memphis 

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Montico, Inc. 

Better Connections, Better Business 

1. The sUAS will weigh less than 55 lbs. 

2. Flights will be operated within line of sight of operator. 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 15% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of no more than 400 feet AGL 

5. sUAS operator will be trained and certified in the proper safety and operations of the sUAS. 

6. The sUAS will only operate within a controlled area as defined in the Procedures. 

7. The operator will post advisor notice around the controlled area. 

8. Operator will have been trained in operation of sUAS generally and received up-to-date 

information on the particular sUAS to be operated as required. 

9. If the sUAS loses communications or loses its GPS signal, the UAS will have capability to 

return to a pre-determined location within the Security Perimeter and land. 

10. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements 

for the issuance of airworthiness certificates as required by FAR §91 .203 (a) (1 ). 

Given the size and limited operating area associated with the aircraft to be utilized by the 

Applicant, an exemption from Part 21 Subpart H meets the requirements of an equivalent level 

of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act (49 

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft 

from the requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the particular 

sUAS. In all cases, an analysis of these criteria demonstrates that the sUAS operated without 

an airworthiness certificate, in the restricted environment and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with 

an airworthiness certificate without the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a 

pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates 

exclusively within a controlled area as set out in the Procedures. Unlike other civil aircraft, 

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

pursuant to the Procedures requirements. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the sUAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load. 

2710 N. Argyle, Fresno, CA 93727 - {559}291-1176 

Fresno -Albuquerque - Spokane - Memphis 

4 
Montico, Inc. 

Better Connections, Better Business 

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

The regulation requires: 

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 sUAS 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 sUAS, 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 sUAS marked on its fuselage as required by 

§45.29 (f) where the operator working with the sUAS will see the identification of the sUAS as 

"Experimental." The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167 A 

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

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 Procedures for maintenance 

and use of safety check lists prior to each flight, an equivalent level of safety will be provided. 

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

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 operator 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, 95658, 10167, 10167A, 10602, 32827, and 10700. 

2710 N. Argyle, Fresno, CA 93727 - (559)291-1176 

Fresno - Albuquerque - Spokane - Memphis 

5 
Montico, Inc. 

Better Connections, Better Business 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each operator 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. An equivalent level of safety will be provided as set forth in 

Procedures. The operator 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: 

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 

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, an exemption may be needed to allow such operations. 

As set forth herein, except for the limited conditions stated in the Procedures, the sUAS will 

never operate at higher than 400 AGL. 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS 

as well as the location where it is operated. In addition, the low-altitude operations of the sUAS 

will ensure separation between these smaii-UAS operations and the operations of conventional 

aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

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 Procedures and Safety Check list, confirming 

the altitude of the launch site shown on the GPS altitude indicator before flight. 

2710 N. Argyle, Fresno, CA 93727 - (559)291-1176 

Fresno - Albuquerque - Spokane - Memphis 

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Montico, Inc. 

Better Connections, Better Business 

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

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 sUAS'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, 

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 15% of battery power whichever happens first. This restriction would be more 

than adequate to return the sUAS to its 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) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(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 .. . . 

(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. 

The sUAS fully loaded weighs no more than 55 lbs and is operated without an on board pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the sUAS. 

2710 N. Argyle, Fresno, CA 93727 - {559)291-11 76 

Fresno -Albuquerque - Spokane - Memphis 

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Montico, Inc. 

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

control point where the operator 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. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections 

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. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook as referenced in the Procedures. 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 controlled areas for limited periods of time. If 

mechanical issues arise the sUAS can land immediately and will be operating from no higher 

than 400 feet AGL. As provided in the Procedures, the operator will ensure that the sUAS 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: 

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 (551bs or less) for the purpose of inspection, monitoring, mapping and photographing 

attached equipment and engineering studies involving communication towers, wind turbine 

tower facilities and power transmission tower operations. 

Approval of exemptions allowing commercial operations of sUASs will create a level of 

safety by reducing risk. Conventional tower structure inspections and associated tasks involve 

extreme risks to personnel physically climbing such structures and/or utilizing high rise 

equipment both of which create numerous and extreme risk to such personnel. In contrast, a 

sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk. 

The sUAS will carry no passengers or crew and, therefore, will not expose personnel to any of 

the risks described above. 

2710 N. Argyle, Fresno, CA 93727 - (559}291-1176 

Fresno - Albuquerque - Spokane - Memphis 

8 
Montico, Inc. 

Better Connections, Better Business 

The operation of small UASs, weighing less than 55 lbs., conducted in the strict 

conditions outlined above, will provide a 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 controlled environment. 

Privacy 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. The granting of this exemption request will provide innovative 

safety 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 sUAS in and 

pursuant to the Procedures appended hereto. 

f\ Sincerely, 

~ Ronald Wingo 

Chief Executive Officer 

Montico, Inc. 

(\. 

, 

2710 N. Argyle, Fresno, CA 93727 - (559}291-1176 

Fresno - Albuquerque - Spokane - Memphis 

9