M c F A L L , B R E I T B E I L & E I D M A N

A P R O F E S S I O N A L C O R P O R A T I O N

A T T O R N E Y S A T L A W

4 4 0 0 P O S T O A K P A R K W A Y , S U I T E 2 8 5 0

F I V E P O S T O A K P A R K

H O U S T O N , T E X A S 7 7 0 2 7

_________

D A V I D L . L O U I E T E L E P H O N E ( 7 1 3 ) 590 - 9300

D I R E C T L I N E ( 7 1 3 ) 590 - 9385 F A C S I M I L E ( 7 1 3 ) 590 - 9399 

E M A I L : D L O U I E @ M C F A L L - L A W . C O M WWW . M C F A L L - L A W . C O M

November 5, 2015

Mr. Anthony Foxx Via E-File

United States Secretary of Transportation

1200 New Jersey Ave, SE

Washington, D.C., 20590

Re: Petition of Axis ROAV, LL for Exemption Pursuant to Section 333 of the Federal 

Aviation Administration Modernization and Reform Act of 2012

Dear Mr. Secretary,

Pursuant to Section 333(c) of the Federal Aviation Administration Modernization and 

Reform Act of 2012 (“Reform Act”) and 11 C.F.R. Part 11, Axis ROAV Services, LLC (“Axis”) 

hereby applies for an exemption from Federal Aviation Regulations (“FARs”) identified below,

and further discussed in Appendix A, to allow commercial operation of small unmanned aerial 

vehicles (“small unmanned aircraft” or “UAS”) for inspection and survey of production platforms 

and pipeline operations, and commercial real estate transaction surveying. These services include 

obtaining still photographs, real-time video, and other data taken by onboard sensors.

This exemption is sought pursuant to the protocols outlined in this petition for exemption, 

the UAS manufacturer’s operations and/or instructions manual, and any other requirements 

established by the FAA pursuant to Section 333 of the Reform Act. Performing inspections with 

UAS technology is in the public interest for several reasons, which are further detailed below, and 

include: (1) significantly improving safety and reducing risk by alleviating human exposure to 

danger; (2) optimizing the surveying and inspection process and saving operating costs; (3) 

enhancing surveying capabilities through ease of access to areas not previously or easily 

accessible; and (4) providing environmental monitoring during inspections and surveying, where 

necessary.

The battery-powered Falcon Hover weighs between 7 and 11 pounds (depending on 

payload), maintains an operation range of 1.5 km (0.8099 NM), and has a flight time 60-90 minutes 

depending on operating conditions.1 The Falcon Hover can fly in sustained winds of 20 knots and 

in wind gusts of up to 30 knots. The flight controller system compensates for wind and wind gusts, 

which is imperative for offshore inspections and operations. Its flight control system utilizes sonar, 

 

1 Given the battery life, Petitioner submits that 14 C.F.R. § 91.151(a) is not implicated, and Axis operations 

guidelines provide that no mission shall last longer than 45 minutes.
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 2

barometric pressure, temperature, wind speed, and other sensors to ensure the most reliable control 

of systems in its class. The Falcon Hover is also GPS controlled and can maintain position when 

the operator is not explicitly in command. The current payload includes combined day/thermal IR 

live video payload on a two-axis stabilized gimbal, with a Sony A6000 24.1 MP mapping payload, 

16.1 MP multi-spectral mapping payload, GoPro two-axis stabilized gimbal. The Falcon Hover 

can carry payloads of up to 2 pounds. Operations under the FAA exemptions will be maintained 

per the limitations and conditions contained in Appendix B hereto, and as may be modified by the 

FAA as required by Section 333.2

Utilizing the Falcon Hover to perform inspection and surveying services on production 

platforms, pipelines, and commercial real estate, as proposed herein, would provide significant 

public safety benefits over traditional inspection and surveying operations, because of the size, 

weight, and speed of the UAS, and also by removing the human risk factor. 

The use of UAS offers numerous safety benefits. For example, using UAS for platform

inspection alleviates the needs to use on-site personnel to perform manual inspection of the 

platform. Manual inspections require a shutdown of the flare stack to dispel toxic fumes prior to 

any inspection. By utilizing UAS inspection services, flare stacks and other pipeline operations 

will no longer need to be shut down for inspections to occur because UAS can be flown from a 

safe distance, using high-powered camera and video technology to gather inspection data, thereby 

decreasing the risk to on-site inspectors. This would also increase the ability to routinely inspect 

facilities, such as flare stacks on production platforms because operations would not be affected. 

The same holds true for pipeline inspections and surveying. Using UAS inspection service 

allows for inspections to occur in more remote or difficult-to-reach areas, thereby promoting more 

routine inspection. UAS technology also allows companies to cover greater spans of area in shorter 

periods of time, which further allows for more routine inspections and surveying, thereby ensuring 

companies are maintaining up-to-date records.

In the context of commercial real estate surveying, UAS technology can enhance the survey 

process. By way of example, UAS technology will allow the surveyor to have photographs and 

video at different ranges simply by controlling the distance and elevation of the UAS. Large 

commercial properties can also be surveyed in a more effective manner due to the range and 

functionality of the proposed UAS. This will help streamline the surveying process, providing 

cost-savings to the consumer and minimizing the time required to survey projects.

 

2 Axis has modeled its request off of Part 333 exemption grants as of the date of its application, but requests that the 

FAA treat Axis’ application as requesting the most lenient relief granted to similar applicants at the time of 

adjudication. Should the FAA modify any of its UAS operating conditions through exemptions or other exceptions 

after adjudicating Axis’ application, Axis requests blanket approval to operate its UASs in accordance with the more 

lenient operating conditions. Axis reserves the right to supplement or amend this application. 
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 3

Although the Falcon Hover can be operated by one person, Axis will utilize two pilots as 

required by the FAA: a pilot-in-command (“PIC”) and a visual observer (“VO”). The PIC is 

responsible for flying the UAS, monitoring its status and flight dynamics, while keeping the flight 

within the manufacturer’s specified operation limits to ensure safe operation of the vehicle. VOs 

will be responsible for monitoring the airspace for other aircraft and hazards, and advising the PIC 

before and during flights of all such observed risks. The PIC and VO will hold at least a private 

pilot certificate and third-class medical certificate.

APPLICANT INFORMATION

The name of the applicant is:

Axis ROAV Services, LLC

The primary contact for this application, with a copy to me at the address above, is:

Mr. Paul Byington

Managing Member

20328 Timber Ridge Court

Magnolia, Texas 77355

Phone: (832) 487-7291

Email: pbyington@sbcglobal.net

By separate cover letter, Axis is confidentially submitting its proprietary Systems 

Operations Manual to be considered with this exemption request.

EXEMPTIONS REQUESTED

Axis requests exemptions from the following regulations:

 14 C.F.R. Part 21

 14 C.F.R. Part 27

 14 C.F.R. 61.113(a) and (b)

 14 C.F.R. § 91.7(a)

 14 C.F.R. § 91.119

 14 C.F.R. § 91.121

 14 C.F.R. §§ 91.9, 45.23(b), and 45.27(a)

 14 C.F.R. § 91.203

 14 C.F.R. §§ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b)
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 4

AIRWORTHINESS OF UAS

The Falcon hover was designed by CLMax Engineering, LLC, a small, veteran-owned 

business, founded in 2007 by an honorably discharged U.S. Air force Officer with an engineering 

education (B.S. Mechanical Engineering; M.S. Aero Engineering). From 2007-2011, CLMax 

Engineering focused primarily on defense-related UAS technologies for customers including the 

Air Force Research Laboratory, Air For Institute of Technology, API Defense, Coastal Defense, 

and Lockheed Martin Missile and Fire Control, amongst others. Since 2011, CLMax Engineering 

shifted its focus to public safety, civil, and foreign UAS markets, developing the Falcon Unmanned 

Aircraft. Falcon Unmanned Aircraft have since received two FAA Certificate of Authorizations 

(COAs), including a fixed-wing, county-wide, jurisdictional public safety COA covering all 3,300 

square miles of the Mesa County Sheriff’s Office jurisdiction in Grand Junction, Colorado. Falcon 

Unmanned was also selected from a field office of over 50 proposals to be the provider to the 

World Wildlife Fund Wildlife Crimes Technology Project. Further details regarding the Falcon 

Hover are included in Appendix C. A copy of the Falcon Hover’s operator’s manual is available 

upon request.

OPERATING CONDITIONS

Axis requests an exemption subject to the conditions listed in Appendix B, which are 

substantially similar to the operating conditions required for the FAA’s previous grants of 

exemption under Section 333.

In accordance with the conditions approved in previous exemption grants, Axis is 

requesting authority to operate the Falcon Hover within visual line of sight and below 400 feet 

AGL except as provided by FAA Air Traffic Control via COA. Flights will be operated at a lateral 

distance of at least 200 feet from any inhabited structure, buildings, vehicles, vessels, or people 

not associated with operation or who have not signed a waiver in advanced of the operation. These 

operating conditions, along with those listed in Appendix B provide an equivalent level of safety 

as set forth below.

Operations will be conducted in airspace that is: (1) limited; (2) predetermined; (3) 

controlled as to access; and that (4) provides an increased level of safety beyond that existing when 

fixed or rotor wing aircraft are used to accomplish the same purpose. Axis’ UAS are able to 

operate at a low speed with the capability to hover, and move in the vertical and horizontal plane.

The Falcon Hover can be operated in both semi and fully autonomous flight modes. 

Creating pre-planned flight paths to fly in autonomous mode as simple as clicking on the map to 

create a pre-planned flight path. In semi-autonomous mode, the operator clicks on the map and 

the Falcon automatically flies to the point on the map where the operator is pointing. Pre-mission 

waypoints, landing zone points, and flight area dimensions can all be entered during preflight, 
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 5

ensuring the Falcon operates only within specified parameters. The Falcon Hover can be operated 

entirely by a touch-screen, map based interface. This meansthe operator only needs to command

the system where to go, and the system does all the flying for the operator. Maps can be saved

and flight plans can be made or recalled with no internet connection required.

The Falcon Hover includes many advanced safety features that make the Falcon the safest 

choice for both urban and non-urban environments. Built-in intelligent fault handling allows the

Falcon to detect a system fault while in the air, and to automatically fly back to its take-off

location and land. Faults that can be detected include: loss of communication RFP: UAS for “at

height” inspection to the command station; exceeding pre-set wind thresholds exceeded; and low

battery levels. In addition, the operator can create no fly zones or maximum flight ranges and

altitudes so the system cannot enter areas deemed unsafe or unnecessary to fly over. Before every

take-off automated flight checks ensure the system is flight ready before it takes off.

OPERATING REQUIREMENTS

As a condition to the grant of exemptions, Axis will require that the PIC hold a private pilot 

certificate and valid third-class medical certificate. For each operation, a PIC will be designated, 

who will be directly responsible for the operation of the UAS and the safety of the operation. It 

will be the responsibility of the PIC to ensure the operation complies with the UAS’s specified 

operational limits, applicable regulations and/or ensures professional “best practice” to all 

applicable regulations. The VO will be responsible to visually maintain contact with the UAS, and 

scan the airspace for other aircraft and hazards. The VO will maintain communications between 

the PIC, the platform, and all other personnel in the flight space. The VO will also be on standby 

to assume control of the UAS should the PIC become incapacitated. Axis currently maintains two 

operators, who shall serve as PIC and VO as each operation dictates.

Operator Profiles

Terrence “Terry” Rogers, Axis ROAV Chief Pilot, FAA fixed-wing single, high performance, and 

complex rating, License #3338793; Experimental Repairman License #3739272

Total Flight 151 hours

Total PIC 116 hours

FAA Rotocraft 4.5 hours

FAA Multi-Engine 9.2 hours

Instructor 39.4 hours
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 6

Kevin J. Dolan, Axis ROAV Pilot, FAA fixed-wing single, high performance and complex rating. CFII 

#3412643.

Total PIC 4000+ hours

FAA Rotocraft 4.5 hours

FAA Multi-Engine 9.2 hours

Each operator will hold appropriate maintenance certification for the system provided by

the UAS manufacturer.

PUBLIC INTEREST

Axis’ proposed inspection and surveying operations utilizing UASs in lieu of manned 

inspections and surveying are in the public interest because a net safety benefit will be achieved 

in the spirit of Section 333(c) of the Reform Act. Approval of this exemption will also benefit the 

public interest by allowing better, safer, and more cost efficient inspection and surveying of 

platform and pipeline operations, and commercial real estate.

Inspection operations on platform and pipeline operations are traditionally conducted in 

person. This presents several setbacks. In the case of traditional platform inspections, the flare 

stack must be shut down prior to inspection, and then the system must be flushed to ensure that 

noxious and toxic gasses are no longer present before personnel being inspection. This requires 

that operations be shut down, and subjects inspectors to potentially hazardous situations. Utilizing 

UAS technology to perform inspection services recognizes a benefit that is at least two-fold. First, 

platform operations no longer need to be shut down, thereby increasing operational efficiency and 

minimizing downtime. Second, and more importantly, inspectors no longer need to be onsite and 

subjected to potentially hazardous substances. Instead, the UAS can maintain safe distances from 

the platform, while using its high-powered camera and video technology to gather data from the 

platform to perform the inspection. Third, UAS can access areas traditionally inaccessible by onsite personnel (e.g., the underside of the platform) to provide even more information in the 

inspection process. In sum, risk to people and infrastructure on the ground is minimized versus 

traditional inspection methods.

In the case of pipeline inspection, the public interest is benefited by utilizing safe flight 

operations for inspection, while removing the human risk. Inspection operations are further 

enhanced by utilizing UAS which can be used to reach rural areas or precarious terrain, allowing 

for the inspection team to focus on the task at hand.

In the case of commercial real estate 
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 7

No national security issue raised by the grant of this requested exemption due to the Falcon 

Hover’s small size and load-carrying capacity, as well as its operational limitations and absence 

of flammable fuel.

The grant of the application is in the public interest based on the clear direction in Section 

333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the proposed 

operations, the significant public benefit, and cost savings to be realized as a result of the use of 

UAS for aerial inspections. The FAA has already granted exemptions for UAS used to conduct 

similar inspection operations.3

PRIVACY CONCERNS

Axis’ proposed operations will take place over property with the property owner’s prior 

consent and knowledge.

FEDERAL REGISTER SUMMARY

Pursuant to 14 C.F.R. § 11.81(f), the following summary is provided for publication in the 

Federal Register, should the FAA determine that publication is needed:

Docket No.: No. FAA-2015-_________

Petitioner: Axis ROAV Services, L.L.C.

Section of 14 C.F.R.: Part 21, Part 27, § 61.113(a) and (b), § 91.7(a), § 91.119, § 91.121,

§ 91.9, § 45.23(b), and 45.27(a),§ 91.203, § 91.405(a), § 91.407(a)(1), § 91.409(a)(2), and 

§ 91.417(a) and (b).

Description of Relief Sought: Axis is seeking an exemption to conduct platform and 

pipeline inspections using small unmanned aircraft (55 pounds or less).

Thank you for your attention to this matter. Should you have any questions or require 

further information, please do not hesitate to contact me.

Very truly yours,

David L. Louie

 

3 E.g., Exemption Nos. 11156, 11251, 11593, 1112B.
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 8

DLL

cc: Paul Byington, Axis ROAV Services, L.L.C.

Darin Dooley, Axis ROAV Services, L.L.C.
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF 

SAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECT TO EXEMPTION4

Axis requests an exemption from the following regulations, as well as any additional 

regulations that may technically apply to the operation of the Falcon Hover UAS:

A. 14 C.F.R. PART 21, SUBPART H: AIRWORTHINESS CERTIFICATES

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by 91.203(a)(1). Given the 

size and weight of the Falcon Hover, the operating conditions, design safety features, and proposed 

conditions and limitations, it is unnecessary to go through the certificate of airworthiness process 

under Part 21, Subpart H to achieve or exceed current safety levels. Such an exemption meets the 

requirements of an equivalent level of safety under Part 11 and Section 333. Section 333 and 49 

U.S.C. § 44701(f) both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas of the UAS involved.

In this case, an analysis of the criteria demonstrates that the UAS operated without an 

airworthiness certificate, under these conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The Falcon 

Hover weighs up to 11 pounds fully loaded. It will not carry a pilot, passenger, or flammable fuel. 

The Falcon Hover operates exclusively within a controlled area pre-determined and in compliance 

with conditions set forth herein. Unlike other civil aircraft, operations under this exemption will 

be tightly controlled and monitored by the PIC and VO, pursuant to the conditions set forth in 

Appendix B, the operator’s manual, and other applicable public safety requirements, if any. The 

FAA will have advance notice of all operations through the filing of NOTAMs. The lack of 

flammable fuel and the fact that the aircraft is carried to the flight location and not flown there all 

establish the equivalent level of safety. The UAS provides at least an equivalent level of safety to 

that of such operations being conducted with conventional aircraft that would be larger in 

magnitude and would be carrying passengers, cargo, and flammable fuel.

B. 14 C.F.R. PART 27: AIRWORTHINESS STANDARDS

Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft. To the extent Axis’ UAS would otherwise require certification under Part 27, 

Axis seeks an exemption from Part 27’s airworthiness standards for the same reasons identified in 

the exemption request from 14 C.F.R. Part 21, Subpart H.

C. 14 C.F.R. §§ 61.113(A) AND (B): COMMERCIAL PILOT PRIVILEGES

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Unlike 

conventional aircraft that includes a pilot, passengers, and cargo, the Falcon Hover is remotely 

 

4 Based on the area of operations (i.e., more than 12 nm off the coast of the United States), 14 C.F.R. §§ 91.103–147 

do not apply.
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 10

controlled with no passengers or property of others on board. The area of operation is controlled 

and restricted, and all flights are planned and coordinated in advance. In conjunction with the 

required training of the PIC and VO, the level of safety utilized by Axis’ operations will exceed 

those provided by a single individual holding a commercial pilot certificate operating a 

conventional aircraft. The proposed operations will achieve at least an equivalent level of safety. 

D. 14 C.F.R. § 91.7(A): CIVIL AIRCRAFT AIRWORTHINESS

Section 91.7(A) prohibits an individual from operating a civil aircraft unless it is in an 

airworthy condition. No FAA standards exist for determining an aircraft’s airworthiness when an 

airworthiness certificate is not issued. As the FAA has done with previous exemption grants,5

airworthiness will be ensured and an equivalent level of safety will be achieved by complying 

following the Falcon Hover’s maintenance guidelines and utilizing safety check lists prior to each 

flight. 

E. 14 C.F.R. § 91.119: MINIMUM SAFE ALTITUDES

Section 91.119 establishes minimum safe altitudes for operation of civil aircraft. 

Specifically, Section 91.119(c) limits aircraft flying over areas other than congested areas to 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. Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes 

when it can be operated “without hazard to persons or property on the surface,” provided that “each 

person operating the helicopter complies with any routes or altitudes specifically prescribed by 

helicopters by the FAA.” 

To conduct operations, the UAS will operate at a lateral distance of at least 200 feet from 

inhabited structures, buildings, vehicles, vessels, and people not associated with the operation. An 

equivalent level of safety will be achieved by the size, weight, and speed of the UAS, as well as 

the location of operation. Operations will occur in restricted and protected areas, where buildings 

and people will not be exposed to operations without pre-obtained consent. Advanced notice will 

provide property owners and participants with awareness of the planned flight operations. 

F. 14 C.F.R. § 91.121: ALTIMETER SETTINGS

Section 91.121 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 ground 

elevation along the route of the flight. This regulation should not apply. The altimeter exists to 

be read by the onboard pilot. Neither the pilot nor altimeter are on board the UAS. Operations 

will not be conducted near airport, so no local altimeter setting is available. Operations are to be 

 

5 E.g., Exemption Nos. 11156, 11158, 11159.
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 11

conducted within visual range of the PIC. The PIC will be aware of the height of the UAS above 

ground primarily to keep from venturing into airspace use by manned aircraft. The information is 

sent to the PIC via the Falcon Hover operating platform. This system satisfies the intent of the 

regulation and provides an equivalent level of safety.

G. 14 C.F.R. § 91.9(B)(2): CIVIL AIRCRAFT MANUAL IN THE AIRCRAFT

In pertinent part, Section 91.9(b)(2) states:

(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 airplane or 

Rotorcraft Flight Manual, approved manual material, markings and placards, or any 

combination thereof.

Due to the UAS physical dimensions, configuration, and load capacity, the UAS has no 

ability to carry such a manual on the aircraft, not only because there is no pilot on board, but 

because there is no capacity for such an item on the aircraft. An equivalent level of safety can be 

obtained by maintaining the Falcon Hover flight manual at the Ground Control Station where the 

PIC will have immediate access. 

H. 14 C.F.R. § 91.9(C); 45.23(B) AND 45.27(A): CIVIL AIRCRAFT AIRWORTHINESS

Sections 91.9(c), 45.23(b), and 45.27(a) relate to marking and identification requirements.

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard Requirements, 

states:

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter.

14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter “N” and the registration number 

is displayed on limited, restricted, or light-sporty category aircraft or experimental 

or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 

inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 12

14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

Exemption from 14 C.F.R. § 45.23(b) is warranted because the UAS has no entrance to the

cabin, cockpit, or pilot station on which the word “Experimental” can be placed. Furthermore, 

given the UAS’s size, two-inch lettering would be impossible. The word “Experimental” will be 

placed on the fuselage in compliance with 14 C.F.R. § 45.29(f), thereby providing an equivalent 

level of safety. 

I. 14 C.F.R. § 91.203(A) AND (B): CARRYING CIVIL AIRCRAFT CERTIFICATION AND 

REGISTRATION

Germane to this application, the Section 14 C.F.R. § 91.203 states:

(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 authorized issued under § 91.715 is 

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

In addition to the fact that Axis is seeking an exemption from the airworthiness certificate 

requirements, an exemption to this regulation is necessary because: (1) the UAS configuration, 

load capacity, and size does not allow it to carry certification and registration documents; (2) the 

UAS does not have a cabin or cockpit entrance in which documents could be displayed; and (3) 

there are no passengers or crew for whom the certificates need to be displayed.

To the extent these regulations are applicable to the proposed UAS operations, an 

equivalent level of safety will be achieved by keeping these documents with ground control at the 

point where the PIC will have immediate access to them. Moreover, the FAA has already issued 

numerous exemptions to this regulation.6

J. 14 C.F.R. §§ 91.405(A), 91.407(A)(1), 91.409(A)(2); 91.417(A) AND (B): MAINTENANCE 

INSPECTIONS

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft 

 

6 E.g., Exemption Nos. 9565, 9665, 9789, 9797, 10700.
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 13

inspected as prescribed in subpart E of this part and shall between require inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter.” Section 91.407 similarly makes reference to requirements in Part 43, Section 

91.409(a)(2), which require an annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance 

work has been accomplished by certificated mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service.

Axis pre-flight checks will be performed by a qualified person prior to each flight and at 

predefined intervals as part of the maintenance schedule. The pre-flight checklist includes:

1. Visual inspection of the airframe;

2. Visual inspection of the propellers;

3. Verify battery power and charge;

4. Verify GPS acquisition;

5. Plan and upload mission;

6. Video and payload check;

7. Controls check;

8. Gyro/control surfaces check;

9. Throttle check;

10. Check pitot tube readings;

11. Check sensors; and

12. Verify failsafes are set correctly.

An equivalent level of safety will be achieved because the UAS will carry no external 

payload, will operate only in restricted predetermined area, and is not a complex mechanical 

device. In addition, the PIC or operator will ensure that the UAS is in working order prior to 

initiating flight, perform required maintenance, and maintain a log of any maintenance that is 

performed. Further, the PIC or operator are the persons most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition and to ensure an equivalent level of safety. 

Moreover, the UAS’s maintenance guidelines provide an equivalent level of safety to the 

maintenance requirements of Part 91.
Mr. Anthony Foxx

United States Secretary of Transportation

November 5, 2015

Page 14

APPENDIX B

AXIS OPERATING LIMITATIONS

1. Operations authorized by the grant of exemption are limited to the Falcon Hover which 

weighs 11 pounds.

2. The UAS will not be flown at a ground speed exceeding 60 knots.

3. The UAS will not be operated at an altitude of more than 400 feet except as may be 

provided by FAA Air Traffic Control (“ATC”) via COA.

4. The UAS will be operated within the PIC’s visual line of sight 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.

5. All operations must use a VO. The VO and PIC must be able to communicate verbally at 

all times. The PIC must be designated prior to any flight. The PIC shall ensure that the 

VO can perform the functions prescribed in the Axis Systems Operations Manual.

6. The System Operations Manual and this grant of exemption shall be accessible during UAS 

operations and made available to the Administrator upon request. If a conflict exists 

between the conditions and limitations in the exemption and the procedures outlined in the 

operating documents, the conditions and limitations in the exemption shall take precedence 

and must be followed. Otherwise, Axis shall follow the procedures as outlined it its 

operating documents. Axis may update or revise its operating documents. It is Axis’ 

responsibility to track such revisions and present updated and revised documents to the 

Administrator upon request. Axis shall also present updated and revised documents if its 

petitions for extension or amendment to this grant of exemption.

7. Prior to each flight, the PIC shall inspect the UAS to ensure that it is in a condition for safe 

flight. The PIC shall not operate the aircraft if the inspection reveals a condition that affects 

the safe operation of the UAS until the necessary maintenance has been performed and the 

UAS is determined to be in safe-flight condition. The Ground Control Station, if utilized, 

shall be included in the preflight inspection. All maintenance and alternations shall be 

properly documented in the aircraft records. 

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

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

functional test flight in accordance with the Systems Operations Manual. The PIC who 

conducts the functional test flight must make an entry in the aircraft records of the flight. 
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United States Secretary of Transportation

November 5, 2015

Page 15

The requirements and procedures for a functional test flight and aircraft record entry shall 

be included in the Systems Operations Manual.

9. The pre-flight inspection shall account for all discrepancies (e.g., inoperable components, 

items, or equipment, not already covered in the relevant sections of the Systems Operations 

Manual).

10. Axis shall follow all of the Falcon Unmanned Aircraft’s aircraft/component, maintenance, 

overhaul, replacement, inspection, and life-limit requirements and specifications.

11. Axis shall carry out its maintenance, inspections, and record keeping requirements in 

accordance with the Systems Operations Manual. Maintenance, inspection, alterations, 

and status of replacement/overhaul component parts shall be noted in the aircraft records, 

including total time in service, description of work accomplished, and the signature of the 

person authorized to return the UAS to service.

12. Each UAS operated under this exemption shall comply with all manufacturer Safety 

Bulletins.

13. The PIC shall carry at least a private pilot certificate and at least a current third-class 

medical certificate. The PIC shall also meet the flight review requirements specified in 14 

C.F.R. § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. Axis shall not permit any PIC to operate unless the PIC meets the operator’s qualification 

criteria and 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.7 PIC qualification flight hours and currency must be logged in a manner 

consistent with 14 C.F.R. § 61.51(b). The PIC must ensure that the VO is trained 

appropriately in order to fulfill his or her duties. A record of training and qualification 

must be documented and made available upon request by the Administrator. Flights for 

the purposes of training the operator’s PICs and VOs (e.g., training, proficiency, and 

experience-building), are permitted under the terms of this exemption. During such flights, 

all nonessential personnel for flight operations are considered nonparticipants, and the PIC 

must operate the UAS with appropriate distance from nonparticipants in accordance with 

these operating conditions.

15. Operations shall not be conducted during night, as defined in 14 C.F.R. § 1.1. All 

operations shall be conducted under visual meteorological conditions (“VMC”). No 

 

7 Prior documented flight experience obtained in compliance with applicable regulations may satisfy this 

requirement.
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United States Secretary of Transportation

November 5, 2015

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special visual flight rules are authorized. A weather report of the area of operations shall 

be obtained 60 minutes prior to each inspection.

16. The UAS shall 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.

17. If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the security perimeter and land or be recovered in accordance 

with the Systems Operations Manual.

18. The PIC shall abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the Systems Operations Manual.

19. The UAS’s operations shall be completed within 45 minutes flight time.

20. All aircraft operated pursuant to the requested exemption must be identified by serial 

number, registered in accordance with 14 C.F.R. Part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall be as 

large as practicable.

21. The radio frequency spectrum used for operation and control of the UAS shall comply with 

Federal Communication (FCC) or other applicable government oversight agency 

requirements.

22. The documents required under 14 C.F.R. §§ 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 shall be made available to the Administrator upon request.

23. The UAS shall remain clear and yield the right of way to all other manned operations and 

activities at all times.

24. Flight operations shall be conducted at least 200 feet from all nonparticipating persons, 

vessels, vehicles, structures, and public access roads unless:

a. The nonparticipating persons are authorized personnel who have received Axis’ 

safety training, and are wearing personal protective gear (“Authorized Personnel”);

b. For nonparticipants who are not Authorized Personnel, barriers or structures are 

present to sufficient protect nonparticipants from the UAS and/or debris in the event 

of an accident. The operator shall ensure that nonparticipating persons who are not 

Authorized Personnel remain under such protection. If a situation arises where 
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United States Secretary of Transportation

November 5, 2015

Page 17

nonparticipating persons who are not Authorized Personnel leave such protection 

and are within 500 feet of the UAS, flight operations shall cease immediately; or

c. The aircraft is operated near vessels, vehicles, or structures where the 

owner/controller of such vessels, vehicles, or structures has granted permission and 

the PIC has made a safety assessment of the risk of operating closer to those object 

and determined that it does not present an undue hazard.

25. Operations closer than 500 feet to the PIC, VO, or other essential persons are permitted if 

those operations do not present an undue hazard to those persons, as determined by the 

PIC.

26. Prior to any flight, the PIC and/or VO shall perform an on location site survey to determine: 

a. the area of operations; 

b. locations of hazards;

c. location of launch/recovery;

d. location of forward observers, if any; and

e. communications/frequency deconfliction

27. Forty-eight hours prior to inspection of any platform, the operations team shall issue a 

NOTAMS for the inspection, describing the location and approximate times of the 

operations.

28. To the extent operations occur in the Gulf of Mexico at remotely located offshore 

platforms, air traffic is expected to be minimal, and comprised mostly of helicopter traffic 

coming to and from the production platform. These helicopter flights are scheduled and in 

constant communication with the platform air traffic officer. Inspections will occur in 

“dead” periods between scheduled arrivals and departures. Communications between Axis 

personnel and the air officer shall be continuous throughout each inspection through 

aviation band radios. In other instances, Axis operations will occur at or near 500 feet 

above ground level and away from airports so as to avoid FAA minimum flight altitudes 

of civilian aircraft. 

29. Prior to flight, the PIC shall pre-program an emergency return-to-home waypoint. In the 

event notice is given by an observer or air traffic officer, the system will at all times be 

able to return to the LZ within a ten minute period.

30. The UAS shall maintain a minimum of 200 feet laterally from any platform or structure.

31. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operation area as defined by the applicable COA shall be reported to the 
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United States Secretary of Transportation

November 5, 2015

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FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents shall be reported to 

the National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

website.
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United States Secretary of Transportation

November 5, 2015

Page 19

APPENDIX C

UAS SYSTEM DESCRIPTION

Axis Overview: Axis is a Texas based corporation with its headquarters in Magnolia, Texas. Axis 

is a company formed to conduct flare stack inspections using UAV technology to increase savings 

and cost expenditures for production platforms and pipeline operations.

UAS Operating Overview: The Falcon Hover is a tactical multi-copter aircraft and an FAACOA approved system, constructed with aircraft-grade composites, materials, electronics, and 

wiring. The Falcon Hover Operating Handbook is available upon request.

Parameter Characteristic

Measurements 48 in. diameter; 8 foot wingspan; 4.5 foot 

length

Engines Four (4) electric brushless DC Motors

Fuel Lithium polymer batteries, with selfcontained, high duration “SMART” 

intelligence on board, including cycle charge 

times, locations, GPS antenna, chemical 

management, and real time data feeds

Weight, with payload 7 pounds (11 pound max.)

Wireless Range 3 miles

Maximum Altitude 1,500 feet

Cruise Speed (Best Endurance) 27 knots

Dash Speed 45 knots

Operational Range 1.5 km (0.8099 NM)

Max wind 30 knots sustained; 40 knots gusts 

Precipitation Light rain or moisture

Flight Duration/Endurance 60+ minutes, 90 minutes maximum

(operations/mission dependent)

Climb Rate 16 fps

Launch Autonomous Vertical Lift

Landing Autonomous Vertical Lift

Flight Control Autonomous or Manual

Visibility 1 statute mile

Exterior Lighting Navigation lighting
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United States Secretary of Transportation

November 5, 2015

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Command and Control Frequency8900 MHz, 2.4 GHz, 

Video Bands 5.8GHz

Command and Control Systems:

The UAS can be controlled entirely through a touch-screen, map based interface, requiring 

the operator to only command the system where to go, while the system performs all of the flying 

for the operator. The Falcon Hover Ground Control station allows the operator simultaneous 

control over aircraft and payloads. The touchscreen allows for quick navigation and data entry 

while the displace screen provides all essential flight data to the operator. Telemetry data is 

transmitted to the command station at least once per second.

The Falcon Hover has a vertical lift autonomous launch and recovery. A Landing Zone 

(“LZ”) is designated by the operators and identified in the GCS software. For launch procedures, 

the UAS will takeoff and hover 3 meters directly above the LZ and hold until further operator 

instruction is given. The aircraft will automatically adjust for wind during this period.

The flight control system is GPS controlled and can maintain hold position when the 

operator is not explicitly in command. The flight controller system uses not only GPS positioning, 

but additional sensors including sonar, barometric pressure, temperature, wind speed, and others 

to ensure the most reliable control of any system in its class.

Maps can be saved and flight plans can be made or recalled with not internet connection 

required. Specific maps can be downloaded to the display screen and are overlaid with GPS 

position data. Waypoints can be created before and during flight operation to create specific 

locations and sequences for the aircraft. 

The Falcon Hover can be operated in both semi and fully autonomous flight modes. 

Creating pre-planned flight paths to fly in autonomous mode is as simple as clicking on the map 

to create a pre-planned flight path. In semi-autonomous mode, the operator clicks on the map and 

the Falcon automatically flies to the point on the map where the operator is pointing. Pre-mission 

waypoints, landing zone points, and flight area dimensions canal be entered during preflight, 

ensuring the Falcon Hover operates only within specified parameters.

Built-in intelligent fault handling allows the Falcon to detect a system fault while in the

air, and to automatically fly back to its take-off location and land. Faults that can be detected

include: loss of communication RFP; UAS for "at height" inspection to the command station;

exceeding pre-set wind thresholds exceeded; and low battery levels. In addition, the operator can

create no fly zones or maximum flight ranges and altitudes so the system cannot enter areas

 

8 The communications links are encrypted through the manufacturer’s proprietary software.
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United States Secretary of Transportation

November 5, 2015

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deemed unsafe or unnecessary to fly over. And before every take-off automated flight checks

ensure the system is flight ready before it takes off.

The Falcon Hover can fly in sustained winds of 20 knots and in wind gusts of up to 30 

knots. The flight controller system compensates for wind and wind gusts that is imperative for 

offshore inspections and operations.

On-Board Flight Instruments:

The Falcon Hover’s on-board flight instruments include an Inertial Navigation System 

using a 3-axis gyroscop, 3-axis magnetometer, GPS receiver, and static pressure sensor, as well as 

a sonar sensor for precision AGL altitude measurement. The Falcon Hover also has on-board 

guidance and navigation equipment which allows the UAS to operate autonomously, and does not 

require input from ground-based equipment or operator to hover in place.

The Falcon Hover also has a flight termination link available to the operator at the Ground 

Control Station, to prevent “fly away” or other potentially dangerous situations.

Emergency Procedures and System Failures:

The Falcon Hover has extensive failure detection and handling capabilities. All failures 

are deeded to be either fatal or non-fatal. Fatal failures result in Fatal Condition Response 

(“FCR”); non-fatal failures result in a Non-Fatal Condition Response (“NFCR”).

Should Falcon Hover’s on-board flight instruments and sensors fail, a FCR or NFCR will 

occur depending on their severity. If the UAS becomes unstable due to sensor failure, it will stop 

all four motors and free fall to avoid a fly away condition.

The Falcon Hover maintains a low batter condition notification, which will alert the 

operator, who shall land the aircraft as soon as possible.

Payload:

The Falcon Hover has a modular payload design and multiple payload/mission options. 

Payloads can be changed out between flights so on one flight the operator can use a thermal 

infrared video camera and on the next flight the operator can conduct high-resolution 

mapping/aerial photography. For this mission, the Falcon Hover will utilize

1. Combined Day/Thermal IR live video payload on two axis stabilized gimbal;

2. Sony A6000 24.1 MP mapping payload;
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United States Secretary of Transportation

November 5, 2015

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3. 16.1 MP Multi-Spectral Mapping Payload (Precisions Agriculture/NDVI); and

4. GoPro two axis stabilized gimbal.

Maintenance and Safety Issues:

The Falcon Hover is nearly maintenance free. It performs automatic pre-flight checks, 

including checks for structural damage, and the failure of any check prevents takeoff. Checks 

which cannot be performed by the system will be performed by qualified personnel prior to each 

flight. The pre-flight checklist includes:

1. Visual inspection of the airframe;

2. Visual inspection of the propellers;

3. Verify battery power and charge;

4. Verify GPS acquisition;

5. Plan and upload mission;

6. Video and payload check;

7. Controls check;

8. Gyro/control surfaces check;

9. Throttle check;

10. Check pitot tube readings;

11. Check sensors; and

12. Verify failsafes are set correctly.

The UAS system also detects numerous conditions which make flying unsafe, such as 

reduced GPS accuracy, magnetic anomalies, low battery charge, battery cell imbalances, and 

temperature fluctuations. Automatic pre-flight checks prevent the UAS from taking off if such 

conditions are presents; or, if the condition is detected during flight, the system will trigger a Fatal 

Conditioned Response.