ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

April 21, 2015 

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

 

 ArgenTech Solutions 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 

(sUAS) to assist in the evaluation and inspection of Public Utilities, Infrastructure, Forest Fire 

monitoring, and Emergency Public Response. This request is motivated primarily by the desire to 

maximize safety during high-risk and hazardous operations, as well as assisting with public 

emergencies, and to mitigate any safety concerns associated with such operations. While an 

exemption would not eliminate the current need for in-person visual inspection and monitoring, it 

would allow ArgenTech Solutions to evaluate assets and infrastructure with sUAS, resulting in a 

safer and more efficient valuation of public utilities, infrastructure, wild fire monitoring and 

emergency public response. 

Company Profile 

 ArgenTech Solutions (AgTS) is a Veteran-Owned Small Business formed in March 2009 as 

a NH-based S-corporation. Our company’s core competencies include providing Unmanned Aerial 

System (UAS) Field Service Representatives (FSRs) in support of Department of Defense (DoD), 

foreign governments, and civilian industry. AgTS is a professional aviation organization with 

significant experience in UAS operations, including: mission coordination/airspace deconfliction, 

UAS operations & maintenance, sensor applications, data compilation and analysis, and overall 

program safety. 

 AgTS has supported 182 deployments for DoD, with a combined total of 20,000 deployed 

operational days. As an aggregate, AgTS’ 50 highly trained Field Service Representative’s (FSR) 

have accumulated over 40,000 hours of experience as Pilot-in-Command (PIC), with over 13,000 

UAS launches and recoveries for Group II and higher UAS. Our average FSR experience level is 

>950 hours PIC, >650 launches and recoveries. 

NOTES: 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

 All information pertaining to the proposed system can be found in Appendix A (OEM manual). 

 ArgenTech Solutions holds Unmanned Aircraft insurance with United States Aircraft 

Insurance Group (Policy Number SIHL1-142Y). 

 ArgenTech Solutions intends to use the 3D Robotics Aero-M (The OEM Manual of which is 

attached as Appendix A) in its sUAS operations. 

 ArgenTech intends to adopt ASTM F2500-07 Standard Practice for Unmanned Aircraft 

System (UAS) Visual Range Flight Operations (Attached as Appendix B) and ASTM F2909-

14 Standard Practice for Maintenance and Continued Airworthiness of small Unmanned 

Aircraft Systems (Attached as Appendix C). 

Regulatory Provisions from which ArgenTech Solutions seeks an Exemption 

 ArgenTech Solutions believes it will need an exemption from the following provisions to 

conduct the contemplated operations. In some instances, relief is needed because relief from 

another provision renders compliance with the regulation at hand not feasible. 

 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. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

 ArgenTech Solutions believes an exemption is only needed from the above-listed regulatory 

provisions. To the extent that the FAA believes that additional relief is required for ArgenTech 

Solutions to conduct the operations described here, we request an exemption from any such 

regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed 

14 C.F.R. §61.113(a) and (b) 

§61.113 Private pilot privileges and limitations: Pilot in Command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft. 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

(b) A private pilot may, for compensation or hire, 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. 

 ArgenTech Solutions’ specially trained and certified employees will conduct the sUAS 

operations. While these individuals will have US FAA private pilot licenses, they will not hold 

commercial pilot licenses. The sUAS will not carry “property for compensation or hire” since they 

will be used solely to assist in evaluation and inspections of public utilities and infrastructure. 

Without an exemption, the pilot would be required to hold a commercial pilot certificate under 

§61.133. However, the risk associated with the contemplated operations is less than the risk posed 

by a traditional manned aircraft. The sUAS will fly at altitudes well below the permissible limits 

for other civil aircraft, eliminating the risk to other aircraft, and within a geographical envelope 

under the sole control of ArgenTech Solutions. Accordingly, the risk would be limited to 

ArgenTech personnel, who will be appropriately outfitted in safety gear. Requiring a commercial 

pilot certificate would provide no appreciable safety benefit and would needlessly impose 

additional costs on ArgenTech and its customers. Because the contemplated operations would not 

comply with §61.113(b)(1) and none of the other exceptions to paragraph (a) apply, relief is needed 

from both paragraphs (a) and (b). 

14 C.F.R. 91.7(a) 

§91.7 Civil aircraft airworthiness. 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

when un-airworthy mechanical, electrical, or structural conditions occur. 

 There is no clear definition of “airworthy” as applied to the proposed sUAS, and the term 

has been defined in various ways depending on the applied circumstances. In all instances, it 

appears that the concept includes a requirement that the airplane 1) conforms to the aircraft’s 

documented type design or its type certificate, as modified by supplemental type certificates and 

airworthiness directives, and 2) be in condition for safe operations. The sUAS will not have a type 

design or type certificate, as the FAA has not developed standards applicable to sUAS. As 

discussed later in this document, the types of operations contemplated by ArgenTech will not 

qualify the sUAS for an experimental airworthiness certificate. Accordingly, relief from §91.7(a) 

is requested. Should the FAA include airworthiness requirements as a condition of exercising the 

exemption, ArgenTech will assure the continued airworthiness of the sUAS. Regardless, 

ArgenTech believes that it can meet the requirements of §91.7(b), and is not requesting an 

exemption from that provision. 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

14 C.F.R. 91.9(b)(2) 

§91.9 Civil aircraft flight manual, marking, and placard requirements. 

... 

(b) No person may operate a U.S.-registered civil aircraft -- 

... 

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this 

chapter unless there is available in the aircraft a current, approved manual material, 

markings, and placards, or any combination thereof. 

... 

 The sUAS comes with access to online manuals that provide instructions for the safe 

operation and maintenance of the aircraft. Compliance with this regulatory provision is not 

possible because this information has not been, and cannot be, approved by the FAA since there 

are no applicable standards established by the FAA against which to evaluate it. Additionally, the 

sUAS is too small to carry a printed manual. Since, by definition, there will never be a person 

aboard the sUAS, ArgenTech submits that there is no need to require the manual to be placed on 

the sUAS and an exemption is appropriate. Safety will be maintained by keeping the flight manual 

at the ground control point where the PIC will have immediate access to it. Since the sUAS cannot 

be operated without the Ground Control Station containing the manuals, there is minimal risk that 

the manuals will become separated from the sUAS, and ArgenTech will be able to immediately 

locate the manuals to effectuate any needed repairs on the sUAS detailed in the flight manual. 

14 C.F.R. 91.109 

§91.109 Flight instruction; simulated instrument flight and certain flight tests. 

(a) 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.... 

 Small UASs, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a Ground Control Station that communicates with the aircraft via 

radio communications (C2 Link). Aircraft being considered for use by ArgenTech allows 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 pre-determined and/or safe landing location. 

14 C.F.R. 91.119 

§91.119 Minimum safe altitudes: General. 

Except when necessary for takeoff or landing, no person may operate an aircraft below 

the following altitudes: 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

... 

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. 

... 

 ArgenTech submits that the only relief it requires from §91.119 is from the minimum 

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be meaningful. 

Since operations at this altitude also pose a heightened risk of collision with another aircraft, safety 

can only be assured through the grant of an exemption. The anticipated aircraft operations should 

be adequately addressed by paragraph (d) (1). Additionally, relief should not be needed from 

paragraph (a) because an emergency landing of the aircraft due to a power failure will not create 

an undue hazard to persons or property on the surface, as noted in the explanation of why an 

exemption will not adversely affect safety. 

 ArgenTech will have exclusive use of the land over which the sUAS will be operated, and 

public access is restricted. Controlled access to public utility land, structures or emergency 

response areas assure that no individuals unassociated with the planned operations are within the 

affected area of operations. ArgenTech personnel are required to wear mandatory safety 

equipment, including hard hats, safety glasses whenever dispatched to a work site. As such, the 

risk of injury is minimal. ArgenTech does not contemplate conducting operations over congested 

areas, so relief is not requested from paragraph (b). 

14 C.F.R. 91.151 

§91.151 Fuel requirements for flight in VFR conditions. 

(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. 

(b) No person may begin a flight in a rotorcraft 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, to fly after that 

for at least 20 minutes. 

 Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not 

raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the 

event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. ArgenTech does not intend to use the sUAS for point-to-point flights 

and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in 

order to land. Rather, ArgenTech will operate the sUAS using pre-planned flight paths (taking into 

account weather conditions) designed to allow the sUAS to fly to the point of intended landing. 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

As such, there is no need for a time-based excess fuel requirement. Rather it should be sufficient 

to require only as much additional excess flight capacity as necessary to safely land the sUAS. We 

believe that a 20% energy reserve is more than sufficient to meet this objective. 

14 C.F.R. 91.203(a) and (b) 

§ 91.203 Civil Aircraft: Certifications required. 

(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. ... 

(2) An effective U.S. registration certificate issued to its owner or, for operations 

within the United States, the second copy of the Aircraft Registration Application as 

provided for in §47.31(c), or a registration certification issued under the laws of a 

foreign country. 

(b) No person may operate a civil aircraft unless the airworthiness certificate required 

by paragraph (a) of this section or a special flight authorization issued under §91.715 

is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

... 

 The sUAS that ArgenTech intends to operate will not qualify for an airworthiness certificate 

unless the FAA chooses to issue them a restricted category certificate. This is because the sUAS 

do not meet the current conditions for either a standard airworthiness certificate or an experimental 

airworthiness certificate. Notably, under 14 C.F.R. §21.191,8 experimental airworthiness 

certificates are only available for research and development, showing compliance with regulations, 

crew training, exhibitions, air racing, market surveys, operating amateur-built aircraft, operating 

primary kit-built aircraft and operating light-sport aircraft. Until such time as the FAA develops 

airworthiness standards applicable to sUAS for non-recreational and nonexperimental use, 

ArgenTech submits that the FAA should consider exemptions to the requirements of §91.203(a). 

The absence of such exemptions hinders the development of sUAS and applicable uniform 

standards since it is only through the development of the aircraft that the FAA can reliably evaluate 

them and determine appropriate design standards. 

 Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, speed, 

operational capability of the particular UAS, as well as its proximity to airports and populated 

areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate in the areas and under the conditions contemplated by ArgenTech will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the conditions proposed in this request. The sUAS is less than 55 lbs. fully 

loaded, carries neither a pilot nor passenger, and operates exclusively within a secured area as set 

out in the UAS Operating Manual (Appendix B). Unlike other civil aircraft, operations under this 

exemption will be tightly controlled and monitored by the operator and observer. Operations will 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

be conducted in compliance with the FAA and with local public safety requirements to provide 

security for the area of operation. Lastly, application of these same criteria demonstrates that there 

is no credible threat to national security posed by the sUAS, due to its size, speed of operation, 

location of operation, lack of explosive materials and inability to carry a substantial external load. 

 If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible to 

comply with paragraph (b), so an exemption is merited there as well. 

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a) 

§91.405 Maintenance required. 

Each owner or operator of an aircraft – 

(a) 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; 

... 

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or 

alteration. 

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or 

alteration unless: 

(1) It has been approved for return to service by a person authorized under §43.7 of 

this chapter; 

... 

§91.409 Inspections. 

(a) Except as provided in paragraph (c) of this section, no person may operate an 

aircraft unless, within the preceding 12 calendar months, it has had 

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with 

part 21 of this chapter. 

... 

 ArgenTech believes that an exemption from these three maintenance requirements is 

appropriate because the FAA has not developed maintenance standards for UAS that would allow 

an operator to meet the part 91 maintenance requirements. In particular, there are no individuals 

authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the 

initial airworthiness and annual return to service inspections required by §91.409(a). ArgenTech 

will maintain the aircraft as instructed in the owner’s manual and ASTM F2909(Attached as 
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

Appendix C), where applicable, and will not operate the aircraft until it has reasonably determined 

that any needed repairs have been made. However, because of the technical impossibility of 

meeting the requirements of §§91.405(a), 407(a) and 409(a), we believe an exemption from these 

provisions is appropriate. 

 Please do not hesitate to contact me at the phone number or via the e-mail address provided 

above should you have any questions or concerns. 

        Respectfully,

 

 Marcel Piet

 President-UAS Services 

 603-836-0588 X122 | Cell: 207-651-3476 

 Email: mpiet@agts.us
                 

ArgenTech Solutions, Inc. 

16701 SE McGillivray Suite 210 

Vancouver, WA 98683 

Summary for Federal Register Publications 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register should the FAA determine that publication is needed. 

Petitioner: ArgenTech Solutions 

Sections of 14 C.F.R. Affected: 

 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. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29, 

61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 

91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or controlled 

land, solely during daylight hours, to assist in the safe evaluation and analysis of public utility's 

and infrastructure and operations. In general, sUAS operations are intended to be conducted in 

areas remote from both congested areas and airports. The nature of operations anticipated by 

ArgenTech requires that the sUAS be flown at relatively low altitudes. ArgenTech expects that in 

most instances, the sUAS will be flown less than 75 feet from the highest structure along the path 

of the sUAS and in no instances will be flown higher than 400 feet above the ground. Accordingly, 

the risk of interference with other aircraft is minimal.