Department of Transportation

January 8, 2015

Page 1 of 12

BENJAMIN MICHAEL

LINDNER

12803 S Edinburgh St. Olathe, KS 66062

(913)709-5672

January 8,2016

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 

SUBJECT: Petition of Benjamin Michael Lindner for Grant of Exemption Pursuant to Section 333 

of the FAA Modernization and Reform Act of 2012

To Whom It May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 C.F.R. 

Part 11, BENJAMIN MICHAEL LINDNER hereby applies for an exemption from the Federal Aviation 

Regulations (FARs) identified below, to operate small unmanned aerial vehicles (i.e., small unmanned aircraft 

systems or UAS or UA) for aerial data collection. BENJAMIN MICHAEL LINDNER is a Commercial 

Airplane, Multi Engine Land, Single Engine Land Pilot with Instrument Ratings, Photographer, Videographer 

and Aerospace Student. BENJAMIN MICHAEL LINDNER plans to use the sUAS for the special purpose of 

conducting aerial video and photography over certain areas of the United States, focusing its operations in the 

architectural, engineering, agricultural, media and construction industries. BENJAMIN MICHAEL LINDNER

plans to use the capabilities of the sUAS’s to offer a multitude of services, including: construction site 

inspections and monitoring, bridge inspections, flare stack inspections, utility-power generation system 

inspections and patrolling, transmission line inspections, pipeline inspections, inspection of city-owned storm 

water canal systems, inspection of city-owned road right of ways, inspections of city-funded infrastructure 

improvement projects, assist with damage assessments or situational status reports of municipalities during 

emergency response operations, evaluations for municipalities related to flora & fauna (vegetation & wildlife) 

issues, agriculture and livestock monitoring, precision agriculture with on board sensors, wildlife and forestry 

monitoring, mosquito and insect control, educational and research operations, crew training and proficiency 

operations, aerial data collection, real estate photography and videography, aerial video and photography for 

public and private use including television, public events, and cinematography live feed and live newsgathering, 

special events: including high schools. colleges, professional sports, open air events and fairs, risk management 

and assessment

BENJAMIN MICHAEL LINDNER’s purpose for obtaining exemption is not unique. The following 

exemptions were granted for similar or exactly the same purpose:

Petitioner Exemption 

Number

Purpose

Olsson 

Associates

11626 Olsson plans to use the sUAS for aerial inspection and 

documentation services for its projects located across the United 

States. The services include aerial surveys and mapping, 

inspections and obtaining still photographs, video and other data 

collected via onboard sensors.
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January 8, 2015

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Aerologic 11370 To conduct aerial survey to produce imagery and terrain modeling 

products useful in applications

ranging from civil engineering, land and water resources 

management, environmental research, disaster response, 

agriculture, and many other useful applications.

Wohnrade 

Civil 

Engineers

11835 To conduct site reconnaissance for public and private civil 

construction projects, including bridge inspections and aerial 

photography and videography.

Ocelleye, 

LLC

12877 To conduct aerial photography and video capture for the 

architectural engineering and construction (AEC) industry.

Texas 

Skycam, 

LLC

13857 To conduct aerial photography and videography for real estate, 

filmmaking, agriculture and livestock monitoring, construction site 

inspections and monitoring, special events, educational and 

research operations, aerial data collection, disaster response/search 

and rescue operations, inspection of storm water canal systems, 

inspection of road rights-of-way, inspections of infrastructure 

improvement projects, bridge inspections, damage assessments or 

situational status reports of municipalities during emergency 

response operations, evaluations for municipalities related to flora 

and fauna, assist with site security during city-sponsored events and 

crew training and proficiency operations1. 

Mr. Russell 

Schmaltz 

14045 Aerial photography and videography for real estate, architecture, 

land surveying, engineering and other related professional 

activities; for television, public events, cinematography and news 

gathering; for inspection/photography of structures and 

infrastructure; for providing live video feed to assist with search 

and rescue operations; and for training in the use and application of 

a UAS1. 

10-8 Video, 

LLC

14118 Bridge inspections, flare stack inspection, utility-power generation 

system inspections and patrolling, aerial inspection, photography 

and videography of residential and commercial real estate, 

weddings, aerial inspection, photography and videography of utility 

infrastructure including but not limited to electrical power lines, 

wind turbines and cell towers, pipeline inspection and patrolling, 

filmmaking, cinematography, and videography, precision 

agriculture with on board sensors, wildlife and forestry monitoring 

and mosquito and insect control, aerial surveying, construction site 

inspection and monitoring, public entity support operations, Aerial 

imaging for safety, monitoring and comparing work efforts and 

completion percentages, and security of controlled environment of 

various sites, aerial video and live video feed to assist with search 

and rescue operations under the authority and support of local 

authority officials, aerial video and photography for public and 

private use including television, public events, and cinematography 

live feed and live newsgathering, special events: including high 

schools. colleges, professional sports, open air events and fairs, 

research, risk management and assessment, motion picture 

production, surface mining, closed set filming, and disaster, 

catastrophe events and training to persons individually or belonging 

to both private and public organizations to increase awareness and 
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improve safety for current and future UAS operations within the 

NAS1. 

BENJAMIN MICHAEL LINDNER seeks exemption from the Federal Aviation Regulations (FARs) 

listed below to allow the operation of several different small Unmanned Aircraft Systems (collectively, sUAS). 

In the exemptions granted above and exemption 11062, 11109, 11112, 11213, and 12645, the FAA determined 

that the safety and public benefits of using sUAS for commercial surveying, mapping, project documentation, 

inspection and other services were equal to or exceed the platforms available through traditional means. In 

addition, use of for inspections of structures can be safely performed without endangering the inspector or 

inhibiting local industrial or public operations with ladders, lifts or other equipment. BENJAMIN MICHAEL 

LINDNER petitions and requests a similar finding and exemption.

BENJAMIN MICHAEL LINDNER’s request for aircraft to operate is not unique. The following table 

contains the aircraft BENJAMIN MICHAEL LINDNER intends to operate and a reference to other users who 

were approved for operation of that UAS. 

Aircraft Exemption Numbers

DJI Phantom 3 12593A, 13918, 13918, 13976, 13978

DJI S1000 11062A, 13562, 13918, 11156A, 11158A

DJI Inspire 11062A, 13562, 12593A, 13918, 11394,13969

DJI Phantom 2 11406, 11398, 11394, 11224, 11228, 13969 

DJI S800 12593A, 11252, 11225, 11253, 11426

SenseFly ebee 11263A, 11167, 11193, 11273, 11266

SenseFly Exom 11263A, 12106

Trimble UX5 11110A, 11257, 11329, 11432, 12231

3D Robotics Solo 13987, 12146, 11309, 11204, 12204

Altavian Nova F6500 11472, 11292, 11291, 11351, 11415

DJI Matrice 100 11646, 12283, 12378

BENJAMIN MICHAEL LINDNER intends to use: DJI Phantom 3, DJI S1000, DJI Inspire, DJI 

Phantom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian Nova F6500,

DJI Matrice 100. Operation manuals and materials for these aircraft are already entered in the public record in 

the exemption material above.

Operations pursuant to the exemption will be subject to strict operating requirements and conditions to 

ensure at least an equivalent level of safety to currently authorized operations using manned aircraft and under 

conditions as may be modified by the FAA as required by Section 333. The sUAS have extensive automated 

control features, redundant systems, and integrated fail-safes, and will be operated under controlled conditions 

and at low altitudes in airspace that is limited in scope. 
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The name and address of the applicant is:

BENJAMIN MICHAEL LINDNER

12803 S Edinburgh St.

Olathe, KS 66062

(913)709-5672

Email: benlindner@gmail.com

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (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

14 CFR 91.151 (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)

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). 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.” Id. §333(c) (emphasis added).

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 §40101 of the Act, that includes UASs, 
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from the requirement that all civil aircraft must have a current airworthiness certificate. BENJAMIN MICHAEL 

LINDNER 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 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).

BENJAMIN MICHAEL LINDNER intends to use a number of UAS (DJI Phantom 3, DJI S1000, DJI 

Inspire, DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian 

Nova F6500 DJI Matrice 100) that have been vetted by the FAA under the exemptions sited above for size, 

weight, speed, and operational capacity. After reviewing these aircraft, the FAA issued the exemptions cited 

above. All UAS will be operated only in line of sight of the pilot and will operate only within the project area. 

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

public. Given the small size of the UAS involved and the restricted environment within which it will operate, 

BENJAMIN MICHAEL LINDNER falls squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned the FAA must, by exemption, allow commercial operations of UASs to commence 

immediately. Also due to the size of the UAS and the restricted areas in which the relevant UAS will operate, 

approval of the application presents no national security issue. Given the clear direction in Section 333 of the 

Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of 

safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, 

reduction in environmental impacts, including reduced emissions associated with allowing UASs for inspection 

and survey operations, the grant of the requested exemptions is in the public interest.

Accordingly, BENJAMIN MICHAEL LINDNER respectfully requests that the FAA grant the requested 

exemption without delay.

Aircraft and equivalent Level of Safety

BENJAMIN MICHAEL LINDNER proposes the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for at least an 

equivalent or even higher level of safety to operations under the current regulatory structure because the 

proposed operations represent a safety enhancement to the already safe photography and surveying operations 

conducted with conventional aircraft.

These limitations and conditions to which BENJAMIN MICHAEL LINDNER agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

1. Operations authorized by this grant of exemption are limited to DJI Phantom 3, DJI S1000, DJI Inspire, 

DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian 

Nova F6500 DJI Matrice 100 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 
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must be designated before the flight and cannot transfer his or her designation for the duration of the 

flight. The PIC must ensure that the VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance 

with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the 

operating documents. The operating documents must be accessible during UAS operations and made 

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

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

limitations herein take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present updated and revised 

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

present updated and revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect the basis upon which the 

FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. 

The FAA’s UAS Integration Office (AFS−80) may be contacted if questions arise regarding updates or 

revisions to the operating documents.

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

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

prior to conducting further operations under this exemption. Functional test flights may only be 

conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test 

flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 

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

safe operation. 

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

for safe flight. The pre-flight inspection must account for all potential discrepancies, e.g., inoperable 

components, items, or equipment. If the inspection reveals a condition that affects the safe operation of 

the UAS, the aircraft is prohibited from operating until the necessary maintenance has been performed 

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

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

life limit requirements for the aircraft and aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate 

or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC must also meet the flight review requirements specified 

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

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

the UAS in a manner consistent with how the UAS will be 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 
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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. For tethered UAS operations, the tether line must have colored pennants or streamers attached at not 

more than 50 foot intervals beginning at 150 feet above the surface of the earth and visible from at least 

one mile. This requirement for pennants or streamers is not applicable when operating exclusively below 

the top of and within 250 feet of any structure, so long as the UA operation does not obscure the lighting 

of the structure. 

19. 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. 

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

21. 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 6 intended operation and to operate after that 

for at least 5 minutes or with the reserve power recommended by the manufacturer if greater. 

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations shall be 

conducted in accordance with an ATO-issued COA. The exemption holder may apply for a new or 

amended COA if it intends to conduct operations that cannot be conducted under the terms of the 

enclosed COA.

23. 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.

24. 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. 

25. The UA must remain clear and give way to all manned aviation operations and activities at all times. 

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

27. 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. 

28. 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. 

29. 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.

Description of Specific Regulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1) 91.7(a)
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Inasmuch as there will be no airworthiness certificate issued for the UAS, BENJAMIN MICHAEL 

LINDNER seeks an exemption from 14 CFR Park 21, Subpart H, 14 C.F.R. § 91.7(a) and §91.203(a), which 

requires that a civil aircraft be in an airworthy condition to be operated. While the petitioner’s UAS will not have 

an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may 

determine the aircraft is in an airworthy condition prior to flight. The operating documents contain procedures 

which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 

91.7(a) is therefore warranted. 

14 C.F.R. 45.23(b) and 45.27(a) and / or 91.9(c): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light sport category 

aircraft to be marked with letters between 2 inches and 6 inches high "limited," “restricted," "light-sport," 

"experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. Even though the UAS 

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 UAS, twoinch lettering will be impossible. All BENJAMIN MICHAEL LINDNER’s aircraft shall be mark in accordance 

with registration requirements. In prior grants of exemption under Section 333 of the Reform Act, the FAA 

determined that exemption from these requirements was warranted provided that the aircraft “have identification 

markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable.” 8 All UAS 

flown by BENJAMIN MICHAEL LINDNER will bear identification markings that are as large as practicable in 

accordance with 14 C.F.R. Part 45, Subpart C.9 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

In the Grant of Exemption No. 11062 to Astraeus Aerial, the FAA determined that the unique 

characteristics of UAS operation outside of controlled airspace did not warrant the additional cost and 

restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical 

Certificate. The fulfillment of the additional requirements for a private pilot to become qualified as a commercial 

pilot would not lead to any additional safety benefits when UAS operations are involved. More recently, the 

FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical 

knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by 

the Department of Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot 

certificates would be qualified to serve as the PIC for UAS operations. 

The restrictions Petitioner has placed on its UAS operations meet or exceed the restrictions similarly 

imposed on Astraeus Aerial and other operators in more recently granted exemptions under Section 333 of the 

FAA Reform Act. BENJAMIN MICHAEL LINDNER will operate away from persons and property that is not 

the subject matter of the flight. BENJAMIN MICHAEL LINDNER will also require all PICs to be thoroughly 

trained in the unique aspects of UAS flight. As set forth in the operating documents, pilots will have experience 

not only in UAS operations generally but have logged flight time in the specific make and model used for the 

operations before they are permitted to participate in commercial flights on behalf of BENJAMIN MICHAEL 

LINDNER. The pilot qualification, training, and currency requirements in the operating documents ensure that 

BENJAMIN MICHAEL LINDNER’s pilots are competent and proficient in the UAS they are operating. The 

Petitioner’s training and qualification requirements are consistent with those contained in prior FAA-issued 

grants of exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure 

at least an equivalent level of safety.

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 Manual for maintenance and use of safety checklists prior to each flight, an equivalent level of 

safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements
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The UAS, 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 pilot flying the UAS will have immediate access to it. The FAA has issued the following exemptions to this 

regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, including 

checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, 

and all other actions in the Preflight Checklist in the UAS Manual. These actions will provide an equivalent level 

of safety.

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.

By design, UASs and remotely piloted aircraft 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 previously approved exemptions for aircraft without fully functional dual controls. 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, the ability to control the UAS via radio signals from the controller, and by the size and 

speed of the aircraft.

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

BENJAMIN MICHAEL LINDNER requests an exemption from the minimum safe altitude requirements 

of 14 C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or structure in noncongested areas. See 14 C.F.R. § 91.119(c). An exemption is required because the proposed UAS operations will 

normally need to occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC 

and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with 

rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel 

with the UAS, any risk associated with these operations is far less than those that presently exist with 

conventional aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the 

UAS, as well the controlled location where the operations will occur. In order to avoid any risk to manned 

aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating documents, the 

UAS will be operated in a controlled environment, and all flights will occur at a lateral distance of at least 500 

feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS 

and any possible debris resulting from UAS failure. Procedures will be in place to ensure flight operations can be 

safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, 

UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller 

has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects, 

and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these 

restrictions in BENJAMIN MICHAEL LINDNER’s operating documents will ensure the proposed operations 

can be conducted without compromising safety to persons or property on the ground.

14 C.F.R. 91.121: Altimeter Settings

To the extent necessary for BENJAMIN MICHAEL LINDNER to conduct the proposed operations, 

Petitioner requests an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to 

maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure 

airport or barometric pressure. The FAA has stated that an equivalent level of safety to the requirements of 14 
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C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, 

(2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a groundbased on-screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the 

PIC to confirm accuracy of the onboard GPS. The UAS that Petitioner intends to use for performing the 

proposed operations meet all these operational characteristics. Moreover, the operating documents require the 

PIC to calibrate the aircraft’s GPS compass prior to each flight operation. As the FAA has determined in 

circumstances similar to this Petition for Exemption, Petitioner’s UAS and the safety mitigation procedures 

contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of 

exemption to the requirements of § 191.121 is therefore appropriate.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

BENJAMIN MICHAEL LINDNER requests an exemption from 14 C.F.R. § 91.151(a)’s fuel 

requirements for flight in VFR conditions. Section 91.151 states: (a) No person may begin 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. 

Here, the technological limitations on UAS battery power means that no meaningful flight operations 

can be conducted while still maintaining a 30-minute battery reserve. An exemption from the fuel requirements 

of 14 C.F.R. § 91.151(a) is therefore required. The FAA has previously granted relief from the fuel requirements 

of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition 

for Exemption. In Exemption No. 11213 to Aeryon Labs, Inc.19, the FAA determined that a requirement 

prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) there 

was enough available power for UAS to operate for the intended operational time and to operate after that for at 

least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an 

equivalent level of safety to the fuel requirements of § 91.151(a). Petitioner’s operating documents impose this 

same requirement and an exemption from § 91.151(a)’s fuel requirements for flight in VFR conditions is 

therefore appropriate.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in 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 UAS fully loaded weighs no more than 55 lbs and is operated without an onboard pilot. Therefore 

there is no ability or place to carry certification and registration documents or to display them on the UAS.

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

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. 

The FAA has issued numerous exemptions to this regulation. 

14 CFR 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.
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Given these sections and Part 43 apply only to aircraft with an airworthiness certificate these sections will not 

apply to BENJAMIN MICHAEL LINDNER. Maintenance will be accomplished by the operator pursuant to the 

flight manual and operating handbook. 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 restricted areas for limited periods of 

time. If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 

feet AGL. The operator will ensure that the UAS 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: BENJAMIN MICHAEL LINDNER 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) for aerial inspections, documentation, engineering evaluation, surveying, 

mapping, photography, video and other applications.

Approval of exemptions allowing commercial operations of UASs for aerial inspections, documentation, 

surveying, mapping, photography, video and other engineering applications enhances safety while reducing risk. 

Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have 

combustible fuel, and carry an onboard human pilot. 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 will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.

The operation of small UASs, weighting 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 

exempting BENJAMIN MICHAEL LINDNER from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment 

and, as a result, are far safer than conventional operations conducted with helicopters operating in close 

proximity to the ground and people.

Privacy

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

knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have 

agreed to be in the area where aerial photography will take place.

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 BENJAMIN MICHAEL LINDNER’s UASs in engineering industry pursuant to the 

UAS Manual.
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January 8, 2015

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Specific Examples of Potential UAS use by BENJAMIN MICHAEL LINDNER:

BENJAMIN MICHAEL LINDNER intends to:

· Inspect existing inaccessible or difficult to access structures such as tops of river cells, sides of bridges, 

industrial rooftops, high mast lights and smoke stacks. This would save time and money and public 

inconveniences by negating the need to mobilize large lift equipment or close roads during bridge or public 

building inspections.

· Develop 3D models from imagery collected during flight. Using software to turn photographs into scalable 3D 

models minimizes the need for tape measures and other ‘hands on’ surveying tools which can inhibit industrial 

and public operations as well as be a safety issue to the employee and public.

· Develop land surveys quickly and inexpensively compared to conventional methods. Aerial surveys can be 

conducted on small areas with the UAS negating the need for large conventional aircraft and other conventional 

surveying devices which may inhibit industrial or public operations.

· Enhanced public awareness. Many of BENJAMIN MICHAEL LINDNER client’s projects involve public 

places such as bridges, biking/hiking trails, waste water plants, etc. The ability to use up to date aerial 

photography will enable the client and the public to better understand the project.

Sincerely,

Benjamin Michael Lindner