Reed Smith LLP

1301 K Street, N.W.

Suite 1000 - East Tower

Washington, D.C. 20005-3373 

Tel +1 202 414 9200 

Fax +1 202 414 9299 

reedsmith.com 

Courtney R. Bateman 

Direct Phone: +1 202 414 9265 

Email: CBateman@reedsmith.com 

ABU DHABI  ATHENS  BEIJING  CENTURY CITY  CHICAGO  DUBAI  FRANKFURT  HONG KONG  HOUSTON  KAZAKHSTAN  LONDON  LOS ANGELES  MUNICH  NEW YORK  NORTHERN VIRGINIA 

PARIS  PHILADELPHIA  PITTSBURGH  PRINCETON RICHMOND  SAN FRANCISCO  SHANGHAI  SILICON VALLEY  SINGAPORE  WASHINGTON, D.C.  WILMINGTON 

 US_ACTIVE-123736588.1-CRBATEMA 09/25/2015 1:06 PM

September 22, 2015 

U. S. Department of Transportation Docket 

Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Dear Sir or Madam: 

Re: Razor Precision Inc.’s Request for Exemption from Certain Regulations per Section 333 of 

 the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Razor Precision, Inc. (“Razor Precision”) hereby applies for an exemption from the 

listed Federal Aviation Regulations (“FARs”) to allow business use (commercial operation) of its 

sUASs, so long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. 

INTRODUCTION 

Razor Precision, Inc. seeks to operate sUAS for aerial data collection. In support of its application, 

Razor Precision submits confidentially a Flight Operations Manual and flight Manuals for the Sensefly 

eBee Ag, DJI Phantom 2, and DJI Inspire 1. To the extent anything in this letter conflicts with the 

Flight Operations Manual or flight manuals, those documents control. 

 

Specific Regulations for which an exemption is sought: 

14 CFR 61.113 (a) 14 CFR 91.151 (a) 

14 CFR 91.7 (a) 14 CFR 91.405 (a) 

14 CFR 91.119 (b) & (c) 14 CFR 407 (a) 

14 CFR 91.121 14 CFR 409 (a) (1) & (2) 

14 CFR 417 (a) & (b) 

 
September 22, 2015 

Page 2 

I. RAZOR PRECISION, INC.’S OPERATIONS DO NOT POSE SIGNIFICANT HAZARDS 

 

The sUAS’s utilized by Razor Precision are electric multi-rotor craft and electric fixed wing craft, 

weighing less than 55 lbs. including payload. They operate at a speed of no more than 87 kts (100 miles 

per hour) and have the capability to hover, and/or move in a vertical and horizontal plane 

simultaneously. They will only be operated as visual line of sight (VLOS), remain under 400 ft. above 

ground level, or no more than 50 ft., above the structure being inspected, if that structure exceeds 400 ft. 

the sUASs will operate only with permission of involved property owners and/or government officials. 

During the proposed data collection operation, the site will be secured, and non-participants will be kept 

at least 500 feet away from operation, unless barriers or structures present that sufficiently protect nonparticipants from debris in the event of an accident. 

Razor Precision has drafted, and submits confidentially, a Flight Operations Manual, which discusses 

safety consideration, training and general operating procedures for the proposed operations. Razor 

Precision also submits confidentially, sUAS Aircraft Flight Manuals which set forth the specifications, 

inspection and setup of the sUAS intended for use in the proposed operations. 

II. RAZOR PRECISION, INC’S. PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST 

The FAA recently issued a Grant of Exemption to FalconSkyCam for operations that are substantially 

similar to those proposed herein. Docket No. FAA-2014-0884 (used March 6, 2015). In issuing the 

grant, the FAA noted that “the enhanced safety and reduced environmental impact achieved using a 

UAS with the specifications described by the petitioner and carrying no passengers or crew, rather than 

a manned aircraft of significantly greater proportion, carrying crew in addition to flammable fuel, gives 

the FAA good cause to find that the UAS operation enabled by this exemption is in the public interest.” 

Accordingly, Razor Precision respectfully requests that the FAA grant the requested exemption without 

delay. 

III. EQUIVALENT LEVEL OF SAFETY 

Razor Precision proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and operation with the limitations listed herein. These limitations, as listed below, 

provide for at least an equivalent or even higher level of safety to operations under the current regulatory 

structure. 

These limitations and conditions to which Razor Precision agrees to be bound when conducting 

commercial operations under an FAA issued exemption include: 

 The sUAS’s utilized by Razor Precision will weigh less than 55 lbs. 

 

Flights will be operated during daylight hours, in visual meteorological conditions, and within 

visual line of sight (VLOS) of the pilot of the sUAS. 
September 22, 2015 

Page 3 

All operations will utilize a visual observer in addition to the operator. 

 

Maximum total flight time for each operations flight will be approximately 30 minutes, or when 

the sUAS reaches 25% battery power. 

As noted, non-participants will be kept at least 500 feet away from operation, unless barriers or 

structures are present that sufficiently protect non-participants form debris in the event of an accident. 

IV. EXEMPTIONS REQUESTED 

 14 C.F.R. §61.113(a) and (b): Private vs. Commercial Pilot Certificates 

Sections 61.1 13(a) and (b) prohibit non-commercially rated pilots from operating an aircraft for 

compensation or hire. Razor Precision proposes that its pilots will have at least a sport or 

recreational pilot's certificate, and a medical certificate or a valid United States Driver’s License. 

Its operations will be limited to controlled areas as reflected in Razor Precision’s Flight Operations 

Manual. For the reasons set forth in the FAA’s grant of an exemption to Astraeus Aerial, Razor 

Precision does not believe a commercial pilot certificate is necessary for the operations it intends 

to conduct. See, e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 

(issued Sept. 25, 2014). For those reasons, Razor Precision requests an exemption from 14 C.F.R. 

§61.1 IJ(a) and (b). 

 14 C.F.R. §91.7(a): Civil Aircraft Airworthiness 

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for 

airworthiness determinations on the pilot in command. The sUASs will not have an airworthiness 

certificate, and there is no FAA regulatory standard for determining airworthiness of the sUASs. 

Additionally, Razor Precision’s operating documents set forth inspection and maintenance 

procedures to ensure airworthiness. For these reasons, and in accordance with the FAA' s grant of 

an exemption from §91 .7 to Total Safety U.S., Inc., Razor Precision requests an exemption from 

14 CFR. §91.7(a). See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption 

No. 11156 (issued Jan. 29, 2015). 

14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 9l.ll 9(b) prohibits 

aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft. To the extent that the structures that Razor 

Precision would be inspecting are considered to be in "congested areas,''1 Razor Precision’s

operational procedures, and the size, weight and speed of the sUAS, provide an equivalent level 

of safety such that operations at lower altitudes should be allowed. As described in its Flight 

Operations Manual, Razor Precision will establish a 500' buffer/sterile area for its operations that 

will exclude personnel not associated with the operations. Razor Precision will also exercise 

additional control over the sterile area as needed, as set forth in the Manual. Consequently, Razor 
September 22, 2015 

Page 4 

Precision believes these procedures will reduce or eliminate any potential adverse impacts to safety 

for operations in congested areas. Razor Precision therefore requests an exemption from 14 CFR 

§ 91.119(b). 

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the 

surface, or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption is 

for sUASs that fly similarly to a helicopter and the exemption requests authority to operate at 

altitudes up to 400 ft. AGL (or no more than 50 ft. above the structure being inspected, if taller 

than 400 ft.) , an exemption may be needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as 

well as the location where it is operated. As discussed above, Razor Precision’s Flight 

Operations Manual provides for establishment of a sterile area, included safety buffers of 500 

feet for personnel not associated with the operation. A 100-foot safety buffer will be in place 

for authorized personnel associated with the operation, unless the PIC determines a reduced 

buffer is essential to the current operation. Razor Precision therefore requests an exemption 

from Section 91.119(c) for all authorized personnel associated with the operation. 

 14 C.F.R. §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "... to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." As the sUASs may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. 

 14 C.F.R. §91.lSl (a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intended landing, and, assuming normal cruising speed - (l) 

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." 

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

Flights will be safely landed when the battery falls below its nominal voltage, should that 

occur prior to completion of the operation. The sUASs Razor Precision proposes to use all 

have a Low Voltage Warning, which alerts when the battery reaches pre-determined levels. 

This battery level would be more than adequate to return the sUAS to its planned landing 

zone from anywhere in its limited operating area when the Low Voltage Warning alerts.

For these reasons, Razor Precision requests an exemption from 14 C.F.R. §91. 15l (a). 

Similar exemptions have been granted to other operations, including Exemptions 

2689F, 5745, 10673, and 10808. 
September 22, 2015 

Page 5 

 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (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. 

As provided in Razor Precision’s Operations Manual, the operator will ensure that the UAS is 

in working order prior to initiating flight, perform required maintenance and inspections, and 

keep a log of any maintenance performed. 

V. REGULATIONS FOR WHICH EXEMPTIONS ARE UNNECESSARY 

The Federal Aviation Administration just issued a number of exemptions for UAS operations 

in filming of movies. In those exemptions, the agency noted that exemptions from certain 

regulations were not necessary, due to "the size, weight, speed and limited operating area 

associated with [the UASs] and its operation." 

Based upon the FAA's guidance, and the fact that Razor Precision’s sUASs are similar in 

size or smaller than those proposed by the film-making industry, Razor Precision believes 

exemptions from the following regulations are not necessary: 

14 C.F.R. Part 2 L Subpart H: Airworthiness 

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

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

14 C.F.R. §91.109: Flight Instruction 

Razor Precision also believes that an exemption from 14 C.F.R. §91.103: Preflight Action, is 

not necessary. This regulation requires each pilot in command to take certain actions before 

flight to insure the safety of flight. An FAA approved rotorcraft flight manual will not be 

provided for the aircraft. An equivalent level of safety will be provided as set forth in the 

operating documents submitted as part of this request. 

The FAA has previously found that adherence to procedures contained in an applicant's 

operating documents demonstrate compliance with §91.103, and therefore an exemption 

from the regulation was not necessary. See, e.g., In the matter of the petition of Total Safety 

U .S. Inc., Exemption No. 11156 (issued Jan. 29, 2015). 

As detailed in its operating documents, Razor Precision’s PIC will take all actions 

including reviewing weather, flight battery requirements,landing and takeoff clearance 

distances and aircraft performance data before initiation of flight to ensure the safety of the 
September 22, 2015 

Page 6 

flight. Consequently, in light of the agency's prior finding in Total Safety U.S., Inc., Razor 

Precision does not believe an exemption from 14 C.F.R. §91.103 is necessary. 

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: 

Razor Precision, Inc. seeks an exemption from the following rules: 

 14 C.F.R. §61.]13(a) and (b); 91.7 (a); 91.119(b) and (c); 91.121 ; 91.151(a); 91.405 

 (a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial data 

collection. 

Approval of exemptions allowing commercial operations of sUASs for these operations 

will enhance safety by reducing risk. Conventional means for performing data 

collection on elevated structures and other property require ladders, ropes, aerial lifts, or 

using conventional helicopters operating at extremely low altitudes over the subject 

structure being photographed. These conventional means all pose risks to persons and 

property. 

In contrast, an sUAS weighing less 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 sUAS is carried to the project site and not flown. The sUAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights, ground-based aerial lift (bucket truck) operations, or manual climbing and 

inspection operations. 

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

conditions outlined above, will provide an equivalent level of safety supporting the 

grant of ten exemptions requested herein, including exempting Razor Precision, Inc. 

from the requirements of Part 21 and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, and close to the ground, and, as a result, 

are far safer than conventional alternatives. 

Privacy 

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

owner's prior consent and knowledge.

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 

 
September 22, 2015 

Page 7 

visual line of sight and national security -provide more than adequate justification for the grant of 

the requested exemptions allowing commercial operation of Razor Precision’s sUASs to conduct 

aerial data collection.

Sincerely, 

Courtney Bateman 

Courtney R. Bateman 

CRB:lsj