Christopher M. Taylor 

T: + 1 207 6711143 

ctaylor@vikinguas.com 

October 22, 2014 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe 

Federal Aviation Regulations from 14 C.P.R. 45.23(b); 14 CPR Part 21; 14 

CPR 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) & (b); 91.407(a) (1); 91.409 (a) (2); 91.417 

(a) & (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) 

and 14 C.F .R. Part 11, Viking Unmanned Aerial Systems Inc, Manufacture and operator of small 

Tethered Aerial Platform ("TAP") equipped to conduct aerial photography and 3d mapping for the 

Agricultural Industry to help Farmers in the US get higher yield on their products, Tower and Pipeline 

Inspection, Realist ate photography and Movie and News video gathering, hereby applies for an 

exemption from the listed Federal Aviation Regulations ("F ARs") to allow commercial operation for 

its" TAP", 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. 

As described more fully below, the requested exemption would permit the operation of a 

small Tethered Aerial Platform ("TAP") and relatively inexpensive TAP under controlled conditions 

in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety 

enhancements to the already safe operations in the industry presently using conventional aircraft. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's 

(the FAA Administrator's) responsibilities to " ... establish requirements for the safe operation of such 

aircraft systems in the national airspace system." 

The name and address of the applicant is: 

Viking Unmanned Aerial Systems Inc 

Attn: Christopher M. Taylor 

Ph: 207-671-1143 

Email: ctaylor@vikinguas.com 

Address: 16 Sanford Drive, Suite 5 Gorhan, Maine 04038 

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The conditions proposed by the applicant are drawn from order 8900.1 CHG 0 

Regulations from which the exemption is required 

14 CFR Part 21 

14 C.P.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.P.R. 91.7 (a) 

14 CFR 91.9 (b)(2) 

14 C.P.R. 91.103 

14 C.P.R. 91.109 

14 C.P.R. 91.119 

14 C.P.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) 

This exemption application is expressly submitted to fulfill Congress' goal in passing 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 ofT APSs 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 TAP's size, weight, speed, and operational capability 

• Operation of the TAP in close proximity to airports and populated areas; and 

• Operation of the TAP within limits of the tether and the operator. 

Reform Act Section 333 (a). Lastly, if the Secretary determines that such operations "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 Section 333( c) (emphasis added) 

The Federal Aviation Act expressively grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

section 40101 of the Act that includes TAPs, from the requirement that civil aircraft must have a 

current airworthiness certificate. 

Applicant interprets this provision to place the duty on the Administrator not only process 

applicants for exemptions under section 333, but for the administrator to craft conditions for 

the safe operation of the TAP, if it should be determined that the conditions set forth herein 

do not fulfill the statutory requirements for approval. 

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The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 of this title 

if the Administrator finds the exemption in the public interest. 49 U.S.C. Section 4470l(f) 

see also 49 USC Section 44711(a); 49 USC Section 44704; 14 CFR Section 91.203 (a) (1). 

Viking Unmanned Aerial System Inc - Agricultural Aerial Services Division TAPs 

rotorcraft, weighing 55 or fewer or lbs. including payload. They operate, under normal 

conditions at a speed of no more than 70 knots and in the case of our multirotors have a 

capability to hover, and move in the vertical and horizontal plane simultaneously. They will 

operate in a Safety Circular and will operate only within the sterile area made up of farm 

land, power and utility grid and Video area. 

Given the small size of the TAPs involved and restricted sterile environment within 

which they will operate, the applicant falls squarely within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA must, by exemption, allow 

commercial operations of TAPs to commence immediately. Also due to the size of the TAPs 

and the restricted areas in which the relevant TAPs 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 

exemptions associated with allowing TAPs for movie and television operations, the grant of 

the requested exemptions is in the public interest. Accordingly, the applicant respectfully 

requests that the FAA grant the requested exemption without delay. 

AIRCRAFT AND EQUIVELANT LEVEL OF SAFETY 

The applicant proposes that the exemption requested herein apply to the TAP that 

have the characteristics and that operate within 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 agricultural services and crops dusted currently being used 

with conventional aircraft. 

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1. The TAPs will weigh less than 55 lbs. 

2. Flights will be operated within line of sight and length ofthe tether, of an operator and/or 

observing. 

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

Flights will be terminated at 25% battery power reserve should that occur prior to the 30 

minute limit. 

4. Flights will be operational will be operated at an altitude of no more than 1,000 feet AGL 

or 5 feet above the structure. 

5. Minimum crew for each operation will consist of the TAP Operator, and Visual 

Observer. 

6. TAP operators will be an certified by the aircraft manufacture for operation sand have 

No Medical required. The observer will hold at least manufactures ground school 

certificate. No medical required 

7. TAP Operators will be pilot in command (PIC). If a pilot certificate holder other than the 

sUAS Pilot, who possess the necessary PIC qualifications, is also present on set (i.e. the 

aerial coordinator), that person can also be designated as PIC 

8. The TAP will only operate within a confined "sterile area" as defined in the manual. It 

requires the establishment of a "Security Perimeter" for the flight operations area. 

9. A briefmg will be conducted in regard to the planned TAP operations prior to each day's 

production activities. It will be mandatory that all personal who will be performing 

duties within boundaries of the safety perimeter be present for this briefing. 

10. The operator will fly a FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate Air Traffic Organization. 

11. The operator will obtain the consent of all persons involved in the filming and ensure that 

only consenting persons be allowed within 1 00 feet of the flight operation, and this radius 

may be reduced to 30 feet based upon an equivalent level of safety and determination, as 

required by the Manual. With the advanced permission of the FSDO, operations at 

closer range can be approved. 

12. The operator will submit a written Plan of Activities to the ATO three days before the 

proposed shoot as required. 

13. Operator and observer will have been trained in the operation of TAP generally and 

received up-to-date information on the particular TAO to be operated Observer and 

Operator will at all times be able to communicate by voice or text. 

14. Written and/or oral permission from the relevant property holders will be obtained. 

15. All required permissions and permits will be obtained from territorial, state, county, or 

city jurisdictions, including local law enforcement, fire, or other appropriate government 

agencies. 

16. If the TAP losses communications or it losses its GPS signal, the TAP will have 

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

17. The TAP will have capability to abort flight in case of unpredictable obstacles or 

emergencies. 

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14 C.F.R. Part 21, Subpart H: Air worthiness certificates 14 C.F.R. Section 91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR Section 91.203 (a) (1). Given the size and 

limited operating area associated with aircraft to be utilized by the Applicant, an exemption from Part 

21 Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness 

certificate, upon consideration of the size, weight, speed, operational capability, proximity to airports 

and populated areas of the particular TAP. In all cases, an analysis of these criteria demonstrates that 

the TAP operated without an airworthiness certificate, in a restricted environment and under the 

conditions proposed will be at lease as safe, or safer, than conventional aircraft (fixed wing or 

rotorcraft) operating with an airworthiness certificate without the retractions and conditions proposed. 

The TAP to be operated here under is less than 55 lbs. fully loaded, carries neither a pilot nor 

passenger, carries no explosive materials or flammable materials liquid fuels, and operates 

exclusively within a secured area as set out in manual. Unlike other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by both the operator and, pursuant to the 

manuals requirements, and under the requirements and in compliance to local public safety 

requirements, to provide security of the area of operation as is now done with conventional filming. 

The FAA will have advance notice of all operations. These safety enhancements, which already 

apply to civil aircraft operated in connection to motion picture and television production, provide a 

greater degree of safety to public and property owners than conventional operations conducted with 

airworthiness certificates issued under 14 C.P.R. Part 21, Subpart H. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the TAP, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, 

and inability to carry a substantial external load. In addition Viking Unmanned Aerial Systems Inc 

wants to be able to transfer all associated paperwork such as this Section 333 Airworthiness 

Certificate for TAP to customers which purchase our systems for operations defined in this document. 

14 C.F .R. Section 45.23 (b). Marking of the aircraft 

The regulation requires: 

When marks include only the Roman capital letter ''N" and the registration of the 

number is displayed on limited, restricted or in a light-sport category aircraft or 

experimental or provisionally certified aircraft, the operator must also display on the 

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 

spot," "experimental," or "provisional," as applicable. 

Even though the TAP will have no airworthiness certificate, and exemption may be needed as 

the TAP will have no entrance to the cabin, cockpit or pilot station on which the word "experimental" 

can be placed. Given the size of the TAP, the two inch lettering will be impossible. The word 

"experimental" will be placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the TAP marked on it fuselage as 

required by §45.29 (f) where the operator, observer and others working with the TAP will see the 

identification of the TAP as "Experimental." The FAA has issued the following exemptions to this 

regulation to exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167A. 

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14 C.F.R. § 61.113 (a) & (b): Private pilots Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit pilots to non-commercial operations. Because the TAP will 

not carry a pilot or passengers and be tethered to the ground, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the PIC operating the aircraft to have 

Factor Training, rather than have than a commercial pilots license to operate this small TAP. Unlike 

a conventional aircraft that carries a pilot and passengers, the TAP is remotely controlled with no 

living thing onboard. The area of operation is controlled and restricted, and all flights are planned 

and coordinated in advance. The level of safety provided by the requirements included in the manual 

exceeds that provided by a single individual holding a commercial pilot's certificate operating a 

conventional aircraft.. The risks associated with the operation of the TAPS are so diminished from 

the level of risk associated with the operation of a commercial operations contemplated with Part 61 

when drafted, that allowing operations of the TAP as requested with a Factory Trained Operator as 

the PIC exceeds the present level of safety achieved by 14 C.P.R. §61,113 (a) & (b). 

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthiness 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 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 

check lists prior to each flight, as set forth in the manual and equivalent level of safety will be 

provided. 

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft 

Section 91.9 (b) (2) provides: 

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 placard, or any 

combination thereof. 

The TAP, 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 onboard, 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 operator flying the TAP will have access to it. The FAA has issued the 

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10602,32827, and 10700. 

14 C.F.R. § 91.103: Preflight action 

This regulation requires each pilot in command to take certain actions before flight to insure 

the safety of the flight. As the FAA approved rotor craft flight manuals will not be provided as set 

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forth in the manual. The OIC will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 

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. 

TAPs and remotely controlled aircraft, by there design do not have fully functioning dual 

controls. Flight control is accomplished though the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training without 

fully functioning dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See exemption Nos.5778K & 9862A. The equivalent level of safety provided by that neither 

a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft. 

14 C.F.R. §91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operations of civil aircraft. Section 91.119 (d) 

allows helicopters to be operated at less than the minimums prescribed provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As 

exemption is for the TAP that is a helicopter and the exemption requests authority to operate at 

altitudes of up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption is may be needed to allow such operations. As set forth by herein, except for 

the limited conditions stated in the Manual, the TAP will never operate higher than 400 AGL. It will 

however be operated in a restricted area with a security perimeter, where buildings and people will 

not be exposed to operations without their pre-obtained consent. 

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

well as the location where it is operated. No flight will be taken without the permission of the 

property owner or local officials. Because of the advance notice to the property owner and 

participants in the filming activity, all affected individuals will be aware of the planned flight 

operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft 

weighing more far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, 

any risk of associated with these operations is far less than those presently presented with 

conventional aircraft operating at or below 500 AGL in the fihning industry. In addition, the lowaltitude operations of the TAP will ensure separation between these small TAP operations and the 

operations of conventional of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. §91.121 Altimeter Settings 

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

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

altimeter setting available before departure." As the TAP may not have a barometric altimeter, but 

instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety will be 

achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

14 C.F.R. §91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits and 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 

7 
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." 

The battery powering the TAP provides approximately 60 minutes of powered flight. To 

meet the 30 minute reserve requirement in 14 CFR §91.151, TAP flights would be limited to 

approximately 30 minutes in length. Given the limitations on the TAP's proposed flight area and the 

location of its proposed operations within a predetermined area, a longer time frame for flight in 

daylight or night VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR (a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151(a)). Operating the small TAP, in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, with 

less than 3 0 minutes of reserve fuel, does not engender the type of risk that Section 91.151 (a) was 

intended to alleviate given the size speed of the small TAP. Additionally, limiting TAP flights to 30 

minutes would greatly reduce the utility for which the exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% of battery power whichever happens frrst. This restriction would be more than 

adequate to return the TAP to its landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent 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 cockpit entrance so that it is legible to 

passengers or crew. 

The TAP fully loaded weighs no more than 55lbs and is operated without an onboard pilot. 

As such, there is no ability or place to carry certification and registration documents or 

display them on the TAP. 

An equivalent level of safety will be achieved by keeping these documents at the 

ground control point where the pilot flying the TAP will have immediate access to them, to 

the extent they are applicable to the TAP. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exemptions includes Exemption Nos. 9565, 

9665, 9789, 9789A, 9797, 9816A, 10700. 

14 C.F.R. §91.405 (a); 407 (a) (2); 417 (a) & (b) 

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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. 

Given that these section and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to the application. Maintenance will be 

accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the Manual. An equivalent level of safety will be achieved because these small 

TAP 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 TAPs can land immediately 

and will be operating from no higher than 400 feet AGL. As provided in the Manual, the 

operator will ensure that the TAP is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance preformed. 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: 

Applicant seeks an exemption from the following rules: 

14 C.F.R. §21, subpartH; 14 C.F.R45.23 (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) and 91.417 (a) & (b) to operate commercially a 

small unmanned vehicle (55lbs or less) in the Agricultural 3d Mapping Service Operations. 

Approval of exemptions allowing commercial operations ofT APs in the Agricultural 

3d mapping/scanning industry and filming will enhance safety by reducing risk. Conventional 

operations using jet or piston aircraft, operate at extremely low altitudes just feet from the 

equipment and livestock and structures; and present the risks associated with vehicles that 

weigh in the neighborhood of 3,000-5,000 lbs., carrying large amounts of jet A or other fuel 

in most cases helicopters operating with 140 gallon fuel tanks. The TAP will carry no 

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

aircraft flights. 

The operations of small TAPs, weighing less than 55 lbs., conducted in the strict 

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

the Part 21 and allowing commercial operations. These lightweight TAPs operate at slow 

speeds, close to the ground and in sterile environment and tethered, as a result, are far safer 

than conventional operations conducted with a piston and or turbine aircraft operating close 

to the ground. 

Public Acknowledgement/Privacy 

All Flights will occur only once the property owner has authorized operations to be 

conducted. 

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Satisfaction ofthe criteria provided in Section 333 of the Reform Act of2012-size, 

weight, speed, operating capabilities, proximity to populated areas and or close proximity to 

airports and operations within visual line of sight provides more then adequate justification 

for the grant of the requested exemptions allowing commercial operation of applicant's TAP 

in the agricultural scanning services and filming industry. 

Sincerely, 

Christopher M. Taylor 

Viking Unm ed Aerial Systems Inc 

IO/~/~tf 

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