September 21, 2015

Exemption No. 12949

Regulatory Docket No. FAA−2015−2572

Mr. J. Sean McKnight

President

McKnight and Associates, Inc., LLC

P.O. Box 5

Fosston, MN 56542

Dear Mr. McKnight:

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 posted to the public docket on July 6, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of McKnight and Associates, Inc., LLC (hereinafter 

petitioner or operator) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial photography, video, and survey.

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

the regulations that the petitioner seeks an exemption.

Airworthiness Certification

The UAS proposed by the petitioner are the Tarot 680 Pro Hex, DJI Inspire 1, Skywalker 

Flying Wing X8, Trimble UX5, and SenseFly eBee.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

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

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

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

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

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

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

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

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection.

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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, McKnight and Associates, Inc., LLC 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 

 

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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aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, McKnight and Associates, Inc., LLC 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 Tarot 680 Pro Hex,

DJI Inspire 1, Skywalker Flying Wing X8, Trimble UX5, and SenseFly eBee when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

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

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

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

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

U.S. driver’s license.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

updates or revisions to the operating documents.

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

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

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

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

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

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

aircraft components.

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 
5

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

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

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

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

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

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

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

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

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

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

be as large as practicable.

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

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

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

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

official upon request.

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless:

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

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

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

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

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

of nonparticipating persons; and

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

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

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

present an undue hazard.

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

nonparticipating persons under this exemption.

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

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

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

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

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

as documented in this grant of exemption.

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

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
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, 

This petition is being submitted on our own behalf without legal counsel or consulting services. Pursuant to 

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

MCKNIGHT AND ASSOCIATES, INC., LLC a company operating a Small Unmanned Aircraft System (sUAS) 

equipped to conduct aerial photography 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 MCKNIGHT AND ASSOCIATES, INC., LLC to pursue its commercial 

interests in providing services to consumers interested aerial data capture using a small advanced sUAS in the 

following areas: 

• Aerial Mapping for engineering services 

• Infrastructure Survey 

• Agricultural Surveying 

• Aerial Photography (not including closed-set filming) 

• Aerial Videography 

• Real Estate Photography 

• Product Demonstrations 

MCKNIGHT AND ASSOCIATES, INC. states 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, MCKNIGHT AND ASSOCIATES, INC. pilots hold FAA Private Pilot Licenses with Class Ill Medical 

Certificates and if observers are not qualified pilots, they will be trained by MCKNIGHT AND ASSOCIATES, INC. 

pilots to understand the proper roles of an observer, communication procedures, proper visual scan techniques, 

operations at non-towered airports, and appropriate sections ofthe Aeronautical Information Manual. 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21, 14 C.F.R. 45.27, 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. 91.105, 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, and 14 C.F.R. (91.401- 91.417) 
Unmanned Aircraft System 

sUAS are a feasible method to obtain information of agricultural cropland to determine optimum inputs that 

result in cost savings to farmers, yield security, and reduce environmental impact of excess fertilizers and 

chemicals in the soil. They have proven to save lives in dangerous situations such as flare-stack inspections and 

search-and-rescue missions. 

We are petitioning for exemption to enable MCKNIGHT AND ASSOCIATES, INC. to operate a Tarot 680 Pro Hex 

rotor equipped with a three-axis gimbaled camera and control with a 3DRobitics Pixhawk flight controller, a DJI 

Inspire 1 multi-rotor equipped with a three-axis gimbaled camera, a Skywalker X-8 single wing airplane also with 

the 3DRobitcs Flight controller, safety parachute and a multi-camera payload, Trimble Gatewing UX5 system and 

Topcon eBee . 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 includes 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: 

• 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." 

• Under new FAA policy, "the FAA will grant a Certificate of Waiver or Authorization {COA) for flights at or 

below 200 feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 55 

pounds, operate during daytime Visual Flight Rules {VFR) conditions, operate within visual line of sight 

{VLOS) of the pilots, and stay certain distances away from airports or heliports: 

• 5 nautical miles {NM) from an airport having an operational control tower; or 

• 3 NM from an airport with a published instrument flight procedure, but not an operational tower; or 

• 2 NM from an airport without a published instrument flight procedure or an operational tower; or 

• 2 NM from a heliport with a published instrument flight procedure" 

• Flights requiring an additional COA for operations outside the above parameters will be coordinated 

with the FAA. 

• 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 sUA V will be programmed so that it will not be operated at an altitude of no more than 400 feet 

AGL, unless otherwise approved by the FAA. 

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

• The sUAS PIC's {Pilot in Command) will be an FAA licensed airman holding at a minimum an FAA Private 

Pilot Certificate and Third Class FAA Medical Certificate. 

• 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 100 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, the fact that the MCKNIGHT AND ASSOCIATES, INC. pilots hold, at a minimum, an FAA Private Pilot 

Certificates demonstrates that they have a high regard to safe operations with an understanding of FARs, preflight inspections, maintenance and repair, operations within airspace, as well as being trained to high safety 

standards. 

Under the requested exemption MCKNIGHT AND ASSOCIATES, INC. 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, NOT AMS 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. 

Privacy will be paramount to MCKNIGHT AND ASSOCIATES, INC., and we will safeguard all data by storing data 

on hard drives, and not on cloud-based software platforms unless there is a signed agreement in place with all 

personnel and private property owners in the photos or video. 

We respectfully request exemption under Section 333 to enable MCKNIGHT AND ASSOCIATES, INC. to operate 

safe, low-risk commercial sUA V operations for the activities stated. MCKNIGHT AND ASSOCIATES, INC. at all 

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

MCKNIGHT AND ASSOCIATES, INC. will be utilizing the same DJI and 3DR Robotics proven technologies the FAA 

has already scrutinized and approved for other Section 333 exemptions. Furthermore, MCKNIGHT AND 

ASSOCIATES, INC. would like the FAA to consider that this request is based off of Docket# FAA-2014-0995-0001 

and is not precedent setting. 

Sincerely, 

J. Sean McKnight, P.E. 

i~~ MCKNIGHT AND ASSOCIATES, INC., LLC 

P.O. Box 5 

Fosston, MN 56542 

218-435 - 1530 
EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

MCKNIGHT AND ASSOCIATES, INC., LLC 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 

FAA Modernization and Reform Act, Section 333 Exemption be issued for Tarot 680 Pro, Skywalker x-8 

Plane and OJI Inspire sUAS under the following provisions: 

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 view 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 F ARs, 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 of91.9, 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 ofthe 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." 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 

of91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be collocated 

with the crew at the ground control station and available for inspection upon request. In order to identify 

the aircraft, we propose that the information found on airworthiness and registration certificates be 

permanently affixed to the aircraft via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 
14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require 

that the aircraft be "approved for return to service by a person authorized under 43. 7" after 

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service." The 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 onboard 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.