June 10, 2015

COL (R) Edward C. Gassman, Director of Operations

Robert Blank, Chief Compliance Officer

Mountain Drones, Inc. 

Mailing: PO Box 561

Physical: 658 W Columbia Ave

Telluride, CO 81435

(803) 984-0709

robert@mountaindrones.net

www.mountaindrones.net

U.S. Department of Transportation, Docket Operation 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 

OF THE CODE OF FEDERAL REGULATIONS PART 21, SUBPART H AND 

SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF GRYPHON X8 MULTIROTOR AND READYMADE 

RC ANACONDA UNMANNED AIRCRAFT SYSTEMS PURSUANT TO SECTION 

333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 

112-95)

N-NUMBER = N336MD
Mountain Drones Inc. respectfully requests an exemption from several 

provisions of Title 14 of the Code of Federal Regulations (C.F.R.) to permit the 

use of small unmanned aerial systems (UAS) for the purpose of providing land 

management consulting, environmental monitoring, and public safety 

operations to clients. This request is motivated primarily by the desire to 

maximize safety in the aforementioned fields. While an exemption would not 

eliminate the current need for in-person visual inspection required by various 

federal regulatory departments, it would allow Mountain Drones Inc. to 

broadly evaluate environmental conditions and best management practices 

with UAS, resulting in a safer and more efficient remote sensing and 

monitoring network. Accordingly, the grant of an exemption is consistent with 

Congress’ intent, reflected in Section 333 of the FAA Modernization and 

Reform Act of 2012 (Modernization Act). that safe systems be permitted in the 

national airspace prior to the issuance of final regulations governing general 

use of these systems. This summary is suitable for publishing in the Federal 

Register.

ATTACHMENT A: Mountain Drones Standard Operating Procedures 

ATTACHMENT B: Mountain Drones UAS Training Program and curriculum

ATTACHMENT C: Pre-Flight Checklist

ATTACHMENT D: Flight Safety Checklist

ATTACHMENT E: Battery Handling Policy

ATTACHMENT F: Gryphon Dynamics X8 Multirotor Technical Specs

ATTACHMENT G: ReadyMade RC Anaconda fixed wing plane Technical Specs
Background Information 

Mountain Drones Inc. is in the business of providing safe and reliable UAS

services for our clients. Mountain Drones’ clients look to us for the safe 

operation of UAS. We have developed specific Mountain Drones Safe UAS

Operational Procedures. Increasingly, we have clients who have requested our 

services to operate UAS for land management, environmental monitoring, and 

public safety applications. 

Mountain Drones Contemplated Operations

GIS Mapping and Surveying for land use

Imagery gathering and data collection

Hydrological assessments and Snow Water Equivalent (SWE) surveys

Water quality and quantity assessments 

Floodplain monitoring and assessment

Avalanche data collection and mitigation planning

Land conservation monitoring

Fish and Wildlife monitoring

Search and Rescue

Regulatory Basis for Exemption Request 

In addition to the waiver authority provided in §333 of the Modernization Act, 

the FAA may grant an exemption under 49 U.S.C. §44701(f) if it has 

determined that such an exemption is in the public interest. The FAA has 

imposed a separate requirement in its procedural regulations, providing that 

the petitioner shall explain why granting the exemption would not adversely 

affect safety or how the exemption would provide at least an equivalent level 

of safety as compliance with the underlying regulation. 
In this case, approval of this exemption would advance the public interest by 

significantly enhancing the safety and efficiency of environmental monitoring, 

land management, and public safety operations while also providing the FAA 

with valuable user experience on UAS in a context with appreciable economic 

and societal benefits. As described more fully below, the requested exemption 

would permit the operation of UAS under highly controlled conditions, thus 

ensuring that operations will not have an adverse impact on safety. To the 

contrary, as explained below, Mountain Drones anticipates that use of UAS

will facilitate safer operations by providing a supplementary tool for those 

employees placed in high risk, remote work environments. Granting an 

Exemption is in the Public Interest. The safety and efficiency of land 

management and public safety tasks is heavily dependent upon constant 

analysis of environmental, geographical, and human-related factors that 

influence resources and areas inhabited by the general public. For example, 

Telluride, CO is geographically positioned at the headwaters of municipal 

water supply, serving 8 states’ water needs. Flood predictions and 

assessments, water quality measurements, Snow Water Equivalent (SWE) 

monitoring, landslide prediction and monitoring, groundwater assessments, 

avalanche predictions and mitigation planning, and recurring analysis of 

hydrological, geological, and environmental conditions are all of great interest 

to Public Safety and Government Officials. Currently, in all cases, not only are 

these monitoring tasks tedious, costly, or impossible using current methods, 

but they require humans to place themselves in remote environments; 

working at risk, in known danger zones. 

As a result, pursuant to federal regulations and company policy, our clients’ 

inspectors and monitoring employees routinely place themselves in harms 

way to perform their duties. At present, this work is done primarily by 

company personnel in motor vehicles, on foot, and/or using specialized 

equipment. This is often a labor-intensive and sometimes arduous job. While 
our clients claim to make these inspections as safe as possible, there is an 

irreducible element of risk involved whenever employees are required to 

perform these tasks. Employees are often required to utilize manned aircraft 

with several individuals onboard during harsh weather, high wind conditions. 

Flooded areas require motor vehicles or manned aircraft to inspect quickly 

changing conditions as they occur, in order to notify the public of a potential 

evacuation or emergency situation. The ability to detect quickly changing 

conditions in remote areas, before an emergency situation occurs is vitally 

important to the public’s safety, health, and property. The vast majority of 

these tasks are performed in remote locations, which puts humans in at-risk 

areas, further away from medical treatment or cellular communication 

capabilities. While the use of UAS for supplemental land management and 

environmental evaluations would not eliminate these risks entirely (as it is an 

additive safety measure), it would reduce the risks to employees by allowing 

for remote aerial monitoring. Additionally, the sheer acreage of virtually 

uninhabited or inaccessible land across widely varying terrain presents many 

other safety and logistical challenges. 

Aerial analysis by traditional unmanned fixed wing aircraft is impractical for 

some applications due to the required altitudes for safe flight, which reduce 

imaging capabilities below meaningful levels – it is simply not possible to see 

all geographical anomalies from such heights with current technology. 

Helicopters present better vantage points; however manned helicopters are 

much more costly, subject to human safety risks and carry highly explosive jet 

fuel, making them impractical for deployment. By using UAS for supplemental 

asset evaluation, Mountain Drones will substantially upgrade the capacity to 

detect and address issues within the Areas of Public Interest by providing 

clients with a tool that prevents the unnecessary safety risks involved in 

performing these duties. Thus, the use of UAS has the potential to improve 

efficiency, resulting in faster and safer delivery of real-time environmental 
condition data, conservation planning and monitoring, as well as providing 

energy & natural resources availability which are vital to the U.S. economy. 

Granting an Exemption will not Adversely Affect Safety

Mountain Drones notes that there is no applicable standard for an 

equivalency determination. Some have argued that the appropriate standard 

is that for model aircraft, noting that their operations, if conducted for 

recreational purposes, would fall completely within the allowable operations 

for model aircraft. We believe it is difficult to argue that there is sufficient 

correlation between model aircraft operations governed by the Academy of 

Model Aeronautics and the operations contemplated by Mountain Drones. 

Similarly, it is clear that equivalency cannot be established for traditional, 

manned civil aircraft because the design and use profiles between traditional 

aircraft and UAS are simply too different. As such, we believe it makes more 

sense to focus on why Mountain Drones’ contemplated operations would not 

adversely affect safety, solely required by §11.81(e).

Granting an exemption will not adversely affect safety. Mountain Drones 

contemplates conducting UAS operations over client owned or controlled 

land, solely during daylight hours, at altitudes well below that which would 

pose a risk to other aircraft. In general, UAS operations are intended to be 

conducted in areas distant from both congested areas and airports. Moreover, 

because of the inherent risks presented by standard infrastructure operations, 

our clients have already taken steps to secure property against unauthorized 

public access. For example, conservation land management organizations, ski 

resorts, the Forestry Service, among others, are either fenced, clearly marked 

with signs restricting public access, or monitored by employees for permitted 

visitor entry and exit. Although some areas, like ski resorts do attract a high 

volume of visitors at times, the vast majority of Mountain Drones’ operations 

are conducted in areas that are uninhabited or rarely visited. In the example 
of ski resorts, it should be noted that operations will be conducted during 

daylight hours at times when mission can be conducted most safely: before 

and after ski lifts open and close. Other long stretches of land are, as noted 

above, in very remote wilderness areas. The nature of operations anticipated 

by Mountain Drones requires that the UAS be flown at relatively low altitudes 

and relatively low speeds. Mountain Drones expects that in most instances, 

the UAS will be flown within 200 feet of the highest structure or terrain 

feature within relative proximity to the mission path. Accordingly, the risk of 

interference with another aircraft is minimal. Mountain Drones also plans to 

conduct UAS operations at least three miles from any public airports 

(including heliports). In the event an operation needs to be conducted closer 

to an airport, Mountain Drones will inform the airport operator and airport air 

traffic control tower of the contemplated operation and will comply with any 

directions issued by air traffic control at that airport. 

Approval of exemptions allowing commercial operations of UAS’s in 

Environmental Areas of Public Interest will enhance safety by reducing risk. 

Conventional operations, using jet or piston power aircraft, operate at 

extremely low altitudes just feet from the subject being inspected and in 

extreme proximity to people and structures; and present the risks associated 

with vehicles that weigh in the neighborhood of 4,000lbs. carrying large 

amounts of jet A or other fuel (140 gallons for jet helicopters). Such aircraft 

must fly to and from the inspection site. In contrast, a UAS weighing fewer 

than 55 lbs. and powered by batteries eliminates virtually all of that risk given 

the reduced mass and lack of combustible fuel carried on board. The UAS is 

safely transported to the relative area of the the inspection site. The UAS will 

carry no passengers or crew and, therefore, will not expose employees to the 

risks associated with manned aircraft flights. 

The operation of small UAS’s, weighing less than 55 lbs., conducted in the 

strict conditions outlined above, will provide an equivalent level of safety 
supporting the grant of the exemptions requested herein, including 333 

Aircraft Exemption Status exempting the applicant from conventional aircraft 

requirements and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a controlled environment 

and, as a result, are far safer than conventional operations conducted with 

turbine helicopters operating in close proximity to the ground and people. 

The safety of non-essential personnel and the general public is protected by 

security measures that prohibit any individual or non-essential personnel from 

entering the pre-determined mission area without the permission of the 

company. Security will be established for the flight area as part of the preflight control. Each individual permitted within the secure area will be briefed 

on the mission and safety protocols prior to flight and will consent to being 

in the operational area. All others will be excluded from the area. 

Mountain Drones initially intends to use a dedicated staff for UAS operations. 

All operations will be within visual line-of-sight (i.e., no more than 

approximately 0.5 miles from the manipulator of the controls, or pilot in 

command (PIC)). Each PIC will conduct at least three take-offs and landings 

with the UAS on which he or she is trained every 90 days. PIC’s will establish 

their qualifications thru a combination of aeronautical knowledge, UAS 

airmanship skills, and verification through testing of flight ability before 

infrastructures operations have commenced. Depending on the type of 

operation, additional ground-based visual observers may be employed as well. 

These observers will be within constant visual line of sight and in constant 

contact with the PIC. The visual observers will assist the PIC in avoiding 

objects near the UAS. 

There are no standards for either Private or Commercial UAS pilot certificates. 

The safe operation and control of the UAS as described in this application 

does not depend on the type of FAA license held by the PIC. Given the 
restricted and controlled airspace within which operations will take place, the 

key factors needed by the PIC are knowledge of the airspace within which the 

operation will take place and how that airspace fits into the National Airspace 

System (NAS). That knowledge can be and is gained primarily through ground 

school and not through flight training in fixed wing or rotor aircraft, nor is it 

dependent on the acquisition of a commercial or private pilot’s certificate. 

Those certificates demonstrate knowledge of the factors and skills needed for 

the safe operation of those types of aircraft (fixed wing or rotorcraft). It 

cannot be assumed that a commercial pilot, approved to operate a helicopter 

or fixed wing aircraft, has the skill or ability to safely operate a small 

unmanned aerial vehicle, operating at 400 AGL or lower, within strictly 

controlled pre-approved airspace. Besides knowledge of airspace regulations, 

dexterity in the control and operation of the UAS acquired from actual 

operation of the aircraft is the most important factor in establishing an 

equivalent level of safety. 

If the PIC has acquired the necessary knowledge of airspace requirements, the 

relevant issues are (1) where the aircraft will be flown, (2) the size of the 

aircraft relative to what is being used today to accomplish the same mission, 

and (3) what precautions will be taken to ensure the safety of those in the 

area of operation. We propose that the PIC has at least an FAA Private Pilots 

Certificate and a Class III medical; the aircraft be operated within a secure 

environment; and that no one be allowed to enter the secure environment 

unless they are part of the operation, have been fully briefed of the risks prior 

to operation of the UAS, and have consented to the risks associated with 

being in the operating area. Should there be an incident, the UAS being flown 

pose significantly less of a threat than the helicopters and fixed wing aircraft 

currently being employed due to their small size, battery power as opposed 

to combustible fuel, do not carry crew or passengers, and pose an 

infinitesimal risk to others. This is in stark contrast to conventional aircraft that 
are flown to the site, carry explosive fuel, carry passengers and crew, and

operate in a much larger area. 

From a practical standpoint, there are relatively few licensed full-scale aircraft 

pilots who are also qualified to fly the type of UAS that are utilized for 

Environmental Areas of Public Interest operations. There are even fewer 

commercial pilots that can fly these UAS – to the point that to possess both 

skills is considered rare. Assuming that it is unlikely for a company to find a 

pilot that has both qualifications, that company would either have to source a 

qualified UAS pilot to train and obtain a commercial certificate, or find a 

commercial certificated pilot who would be willing to learn to fly a UAS to the 

competency level required for professional use. 

Minimum requirements for the PIC include: 

1. Private Pilot’s license and a Class III medical; 

2. A minimum of 200 flight cycles and 25 hours of total time as 

a UAS rotorcraft pilot and at least 10 hours logged as a UAS

pilot with a similar UAS type (single blade or multirotor); 

3. A minimum of 5 hours as UAS pilot with the make and 

model of UAS to be utilized for operations under the 

exemption and 3 take offs and landings in the preceding 90 

days; 

4. Have undergone a qualification process as specified in the 

Flight Operations & Procedures Manual consisting of a 

knowledge & skill test of the aircraft to be used. 

Another consideration supporting the certificate requirement is that pilots 

holding a private pilot certificate are subject to security screening by the 
Department of Homeland Security. This requirement should ameliorate 

security concerns over UAS operations under this exemption. 

Mountain Drones intends to use commercially available UAS platforms and 

components for UAS. These UAS systems will be tested for quality & safety in 

our test facility before being deployed to the field. The UAS is less than 55 

lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively 

within a secured area. We have a routine maintenance schedule to verify that 

the UAS will remain in safe and operational condition. Please see Appendix B, 

for Specific Types of UAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112-95 

in reference to 49 USC 44704, and in consideration of the size, weight, speed, 

and limited operating area associated with the aircraft and its operation, we 

request that this aircraft exemption meets the conditions of Section 333. 

Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated 

noise certification and testing requirements of part 36, is not necessary.

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

Given the size of the UAS, two-inch lettering will be impossible. UAS will 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 will be as large as practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

Mountain Drones’ request is based on the fact that no airworthiness 

certificate will be issued for the UAS. Mountain Drones’ UAS will not require 

an airworthiness certificate in accordance with 14 CFR part 21, Subpart H. 
Based on the fact that an airworthiness certificate will not be issued, 

exemption from § 91.7(a) is not necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking 

& placard

Certifications required, the original intent of these regulations was to display 

an aircraft’s airworthiness, certification, and registration documents so they 

would be easily available to inspectors and passengers. Based on the FAA 

Memorandum subject “Interpretation regarding whether certain required 

documents may be kept at an unmanned aircraft’s control station,” dated

August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) 

and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & 

certain flight tests

Small UASs, 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. Aircraft being considered for use 

by Mountain Drones allow the UAS Instructor to place the aircraft into ‘loiter’ 

mode (fixed altitude stationary hold). In the event of the student losing 

control, the UAS Instructor can quickly and via alternate equipment 

(equipment not in the hands of the student) place the aircraft into a mode 

that then allows the instructor to bring the aircraft back into control and back 

to the predetermined and/or safe landing location. 

Mountain Drones does not describe training scenarios in which a dual set of 

controls would be utilized or required, i.e. dual flight instruction, provided by 

a flight instructor or other company-designated individual, that would require 

that individual to have fully functioning dual controls. Rather, Mountain 

Drones evaluates the qualification of its PICs based on their experience with 
the UAS to be operated and verifies through testing, in lieu of formalized 

training. As such, Mountain Drones does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b)

Relief from § 14 CFR 91.119(b), operation over congested areas, is not 

applicable, because Mountain Drones’ operations will only be conducted 

within the secured area described herein.

Technology Considerations: 

Best-in-class, tried and proven technologies that are in advanced iterations. 

Software from highly-reputable industry partners will include the following 

features -

1. Auto descent (landing) if communication signal were to be severed. If 

the UAS loses communications, the UAS will have capability to return 

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

2. Auto descent (landing) if the battery were to drop lower than predetermined (programmed) nominal level. 

3. Flights will be terminated at 25% battery power reserve. 

4. Live video for operator gives real-time positioning feedback (POV). This 

is defined by the ability to monitor a scene from the vehicle's 

perspective for collision avoidance, and to maintain spatial orientation. 

5. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain 

vehicle health at all times: speed, altitude, number of GPS satellites 

(when available), heading and voltage.

7. GPS lock supplies for return-to-home (RTH). Should Command and 

Control (C2) link failures occur (highly improbable), vehicle returns 

automatically to the point of launch.

8. Altitude information will be provided to the UAS pilot via a digitally 

encoded telemetric data feed, which downlinks from the aircraft to a 
ground-based on-screen display. This altitude information will be 

generated by equipment installed on board the aircraft, using GPS 

triangulation, or digitally encoded barometric altimeter, or radio 

altimeter, or any combination thereof. Prior to each flight, a zero 

altitude initiation point will be established and confirmed for accuracy 

by the pilot.

Mechanical/Physical:

1. Mountain Drones will fly within line-of-sight (LOS) only. The vehicle will 

always remain in direct LOS to the pilot, thus eliminating the concern 

of signal severance (flying behind objects/walls).

2. The UAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

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

5. Fireproof bags for storage and charging of high capacity Lipo batteries 

on-site. For off-site (pre-mission) charging, a fully-enclosed vented 

concrete battery “bunker” will be utilized for increased safety during 

charging. 

6. UAS operated under this exemption will be marked in accordance with 

14 CFR part 45 or as otherwise authorized by the FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for 

operators (pilot, gimbal op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for 

vehicle control/communication.

3. A briefing will be conducted in regard to the planned UAS operations 

prior to each day’s activities. It will be mandatory that all personnel 

who will be performing duties within the boundaries of the safety 

perimeter be present for this briefing.
4. The operator will obtain the consent of all persons involved in the UAS

operations and ensure that only consenting persons will be allowed 

within 100 feet of the flight operations.

5. Observer and pilot will at all times be able to communicate by voice.

6. Written and/or oral permission from the relevant property holders will 

be obtained. 

7. Pilot and observer will have been trained in operation of UAS generally 

and received up-to-date information on the particular UAS to be 

operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), 

including energy source(s) and equipment. Operations authorized by 

this petition of exemption are limited to the following aircraft described 

in Appendix B. Proposed operations of any other aircraft will require a 

new petition or a petition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.

3. Flights must be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the 

operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. 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 medical certificate.

5. All operations must utilize a visual observer (VO). 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.

6. The operator’s manual included as Appendix C and this petition of 

exemption must be maintained 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 operator’s manual, the conditions and limitations herein 

take precedence and must be followed. Otherwise, the operator must 

follow the procedures as outlined in its operator’s manual. The operator 

may update or revise its operator’s manual. It is the operator’s 

responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also 

present updated and revised documents if it petitions for extension or 

amendment. If the operator determines that any update or revision 

would affect the basis for which the FAA grants this petition for 

exemption, then the operator must petition for amendment to their 

exemption. The FAA’s UAS Integration Office (AFS-80) may be 

contacted if questions arise regarding updates or revisions to the 

operator’s manual. 

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a 

condition for safe flight. 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. The Ground Control 

Station, if utilized, must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the 

aircraft records.

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 in accordance 

with the operator’s manual. The PIC who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight. The 

requirements and procedures for a functional test flight and aircraft 

record entry must be added to the operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 
requirements. When unavailable, aircraft maintenance/component/

overhaul, replacement, and inspection/maintenance requirements must 

be established and identified in the operator’s manual. At a minimum, 

requirements for the following must be included in the operator’s 

manual:

 Actuators / Servos;

 Transmission (single rotor);

 Powerplant (motors);

 Propellers;

 Electronic speed controller;

 Batteries;

 Mechanical dynamic components (single rotor);

 Remote command and control;

 Ground control station (if used); and

 Any other components as determined by the operator;

10) The Pilot In Command (PIC) must possess at least a private pilot 

certificate and at least a current third-class medical certificate. 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.

11) Prior to operations conducted for the purpose of Environmental Areas 

of Public Interest missions, the PIC must have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight 

cycles and 25 hours of total time as a UAS rotorcraft pilot and at least 

10 hours logged as a UAS pilot with a similar UAS type (single blade or 

multirotor). Prior documented flight experience that was obtained in 

compliance with applicable regulations may satisfy this requirement. 

Training, proficiency, and experience-building flights can also be 

conducted under this petition of exemption to accomplish the required 
flight cycles and flight time. 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.

12) Prior to operations conducted for the purpose of Environmental Areas 

of Public Interest monitoring, the PIC must have accumulated and 

logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of 

five hours as UAS pilot operating the make and model of UAS to be 

utilized for operations under the exemption and three take-offs and 

three landings in the preceding 90 days. Training, proficiency, 

experiencebuilding, and take-off and landing currency flights can be 

conducted under this petition of exemption to accomplish the required 

flight time and 90 day currency. During training, proficiency, 

experience-building, and take-off and landing currency 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.

13) Prior to any flight operations authorized by this petition of exemption, 

the PIC and VO must have successfully completed a qualification 

process, as outlined in the operator’s manual. As this is a requirement 

stipulated by the operator, the test must be developed and 

implemented by a qualified person designated at the sole discretion of 

the operator. A record of completion of this qualification process must 

be documented and made available to the Administrator upon request.

14) Prior to operations conducted for the purpose of Environmental Areas 

of Public Interest monitoring, a flight demonstration, administered by 

an operator-approved and -qualified pilot must be successfully 

completed and documented. This documentation must be available for 

review upon request by the Administrator. Because the knowledge and 

airmanship test qualifications have been developed by the operator, 
and there are no established practical test standards that support a 

jurisdictional FAA FSDO evaluation and approval of company 

designated examiners, the petitioner will conduct these tests in 

accordance with the operator’s manual. 

15) The UA may not be operated directly over any person, except 

authorized and consenting personnel, below an altitude that is 

hazardous to persons or property on the surface in the event of a UAS

failure or emergency. 

16) Regarding the distance from participating persons, the operator’s 

manual has safety mitigations for authorized and consenting personnel. 

At all times, those persons must be essential to the operations. 

17) Regarding distance from nonparticipating persons, the operator must 

ensure that no persons are allowed within 500 feet of the area except 

those consenting to be involved and necessary for the Environmental 

Areas of Public Interest monitoring operations. This provision may be 

reduced to no less than 200 feet if it would not adversely affect safety 

and the Administrator has approved it. For example, an equivalent level 

of safety may be determined by an aviation safety inspector’s 

evaluation of the Environmental Areas of Public Interest monitoring an 

area to note terrain features, obstructions, buildings, safety barriers, etc. 

Such barriers may protect nonparticipating persons (observers, the 

public, news media, etc.) from debris in the event of an accident. 

18) If the UAS loses communications or loses its GPS signal, the UA must 

return to a pre-determined location within the security perimeter and 

land or be recovered in accordance with the operator’s manual. 

19) The UAS must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operator’s manual. 

20) Each UAS operation must be completed with 25% battery power 

remaining. 

21) The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 
operations under this petition of exemption. This COA will also require 

the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. 

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) The operator must develop procedures to document and maintain a 

record of the UAS maintenance, preventative maintenance, alterations, 

status of replacement/overhaul component parts, and the total time in 

service of the UAS. These procedures must be added to the operator’s 

manual. 

24) Each UAS operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

25) The operator must develop UAS technician qualification criteria. These 

criteria must be added to the operator’s manual. 

26) The preflight inspection section in the operator’s manual must be 

amended to include the following requirement: The preflight inspection 

must account for all discrepancies, i.e. inoperable components, items, or 

equipment, not covered in the relevant preflight inspection sections of 

the operator’s manual. 

27) Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

28) At least three days before scheduled Environmental Areas of Public 

Interest monitoring, the operator of the UAS affected by this exemption 

must submit a written Plan of Activities to the local FSDO with 

jurisdiction over the area of proposed Environmental Areas of Public 

Interest monitoring. The 3-day notification may be waived with the 
concurrence of the FSDO. The plan of activities must include at least

the following: 

 Dates and times for all flights;

 Name and phone number of the operator for the UAS in 

Environmental Areas of Public Interest monitoring operations 

conducted under this petition of exemption;

 Name and phone number of the person responsible for the onscene operation of the UAS;

 Make, model, and serial or N-number ofs UAS to be used;

 Name and certificate number of UAS PICs involved in the 

Environmental Areas of Public Interest monitoring event;

 A statement that the operator has obtained permission from 

property owners and/or local officials to conduct the 

Environmental Areas of Public Interest monitoring event; the list 

of those who gave permission must be made available to the 

inspector upon request;

 Signature of exemption-holder or representative; and

 A description of the flight activity, including maps or diagrams of 

any area, city, town, county, and/or state over which 

Environmental Areas of Public Interest monitoring will be 

conducted and the altitudes essential to accomplish the 

operation. 

29) The 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. 

30) The UA must remain clear and yield the right of way to all other 

manned operations and activities at all times (including, but not limited 

to, ultralight vehicles, parachute activities, parasailing activities, hang 

gliders, etc.). 
31) 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. 

32) The UAS may not be operated by the PIC from any moving device or 

vehicle. 

33) 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. 

34) The UA may not operate in Class B, C, or D airspace without written 

approval from the FAA. The UA may not operate within 5 nautical miles 

of the geographic center of a non-towered airport as denoted on a 

current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is 

conducted in accordance with a NOTAM as required by the operator’s 

COA. The letter of agreement with the airport management must be 

made available to the Administrator upon request. 

35) 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. Further flight operations may not be 

conducted until the incident, accident, or transgression is reviewed by 

AFS-80 and authorization to resume operations is provided. 
REGULATION DESCRIPTION SAFETY EQUIVALENT

91.9(b)(2)

Civil aircraft flight 

manual, carried on 

aircraft

Manual will be carried by 

operator(s) on ground at control 

station.

91.9(c)

Civil aircraft marking in 

accordance with FAR 

45

Unmanned system will be marked 

with serial number and N Number

91.103(b)(1)

Preflight action, use of 

takeoff and landing 

distance data

Preflight actions and checklists 

have been implemented based on 

manufacturer recommendations.

91.103(b)(2)

Preflight action, use of 

performance data if no 

flight manual is 

required

All employees will be trained on 

pre-flight actions and have access 

to operator’s manual 

91.105(a)(2)

Flight crewmembers at 

stations, seat belt 

fastened

All crewmembers will be aware of, 

and able to perform their onsite 

mission duties.
91.109(a)

Flight instruction, dual 

controls required

Flight simulators and a UAS 

training program have been 

implemented

91.151(a)(1)

Fuel requirement VFR, 

day, 30 min.

Battery systems will be fully 

charged prior to flight. Low Battery 

indicators are installed on the 

aircraft

91.151(a)(2)

Fuel requirement VFR, 

night, 45 min.

Not applicable. Night operations 

will not be conducted

91.151(b)

Fuel requirement VFR, 

rotorcraft, 30 min.

Battery systems will be fully 

charged prior to flight. Low Battery 

indicators are installed on the 

aircraft

91.203(a)(1)

Civil aircraft: 

certifications required, 

airworthiness certificate 

on board

Appropriate documentation will be 

available with operations crew on 

site.

91.203(a)(2)

Civil aircraft: 

certifications required, 

registration certificate 

on board

Appropriate documentation will be 

available with operations crew on 

site.

91.203(b)

Civil aircraft: 

certifications required, 

display airworthiness 

certificate in cabin

Appropriate documentation will be 

available with operations crew on 

site.

91.207(a)(2)

Emergency locator 

transmitters, attached 

to the airplane

No ELT is available for an 

unmanned system this size. All 

operation will be conducted within 

line of sight to operators to ensure 

no loss of visual contact
91.211(a)

Supplemental oxygen 

for flight crew

Does not apply

91.405(a)

Maintenance required, 

inspection of aircraft

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented 

on flight manual which will be in 

possession of operators at all 

times.

91.405(b)

Maintenance required, 

documentation and 

return to service

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented 

on flight manual which will be in 

possession of operators at all 

times.

91.407(a)(1)

Operation after 

maintenance, return to 

service by appropriate 

person

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented 

on flight manual which will be in 

possession of operators at all 

times.

91.409(a)(1)

Inspections, annual, 

within preceding 12 

months

No flight instruction for hire will be 

performed.

91.409(b)

Inspections, 100 hour, 

if flight instruction for 

hire is provided

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented 
on flight manual which will be in 

possession of operators at all 

times.

91.417(a)

Maintenance records 

to be maintained by 

owner or operator

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented 

on flight manual which will be in 

possession of operators at all 

times.