ELECTRONIC SUBMISSION

May 19, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

Docket Number: FAA-2015-___________

Petitioner: Southern Forestry Consultants, Inc.—Jason P. Suggs

Part 21 and §§ 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 

91.203(a) and (b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations 

(14 CFR).

Description of Relief Sought: Southern Forestry Consultants, Inc. seeks an exemption to conduct commercial 

acquisition of aerial data using unmanned aircraft systems.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (herein referred to as FMRA) and 

14 CFR Part 11, Southern Forestry Consultants, Inc. (SFC) hereby applies for an exemption from the listed 

Federal Aviation Regulations (FARs) to allow commercial operation of UAS for the acquisition of aerial data, 

so long as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA.

As detailed in this document and the attached Appendix of UAS, the requested exemption would permit the 

operation of UAS under controlled conditions in the United States. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s responsibilities to “...establish requirements for the 

safe operation of such aircraft systems in the national airspace system.” Section 333(c) Reform Act.

SFC is submitting this petition on its own behalf. SFC will amend its petition to meet any additional standards 

for the integration of small UAS operation into the NAS.

NAME AND ADDRESS OF APPLICANT:

Southern Forestry Consultants, Inc.

Jason P. Suggs - GIS Manager

305 West Shotwell Street

Bainbridge, GA 39819

Telephone: 229-246-5785

Email: jsuggs@southernforestry.net

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DESCRIPTION OF THE PETITIONER

Southern Forestry Consultants, Inc. (SFC) is a multidisciplinary forestry, wildlife, environmental, recreational and 

real estate consulting firm of experienced professionals who provide complete land and natural resource 

management services to a broad array of clients.

SFC specializes in forest, wildlife recreation, and environmental management. SFC has a sister company, Southern 

Forestry Realty, Inc. (SFR) that deals with land and farm sales. The entire SFC staff works closely with property 

owners to ensure that their land management objectives are met. Natural resource issues ranging from traditional 

forestry, wildlife and recreation management, agriculture, to compliance with Best Management Practices (BMP), 

to recognition, identification, location and relocation of endangered species, to wetlands delineation and permitting, 

are managed in a way so that client objectives and natural resources protection are ensured. Clients served by SFC 

include private landowners, forest products companies, agricultural producers, utility companies, real estate 

investment groups, trust fund managers, attorneys, banks, universities, governmental agencies, and nongovernmental organizations.

SFC provides management recommendations to its clients based on the most up to date information available. 

Unmanned aircraft (UA) will provide cost-effective, low-risk, actionable data to SFC staff and clients for 

forestry, wildlife, mining, and agricultural activities. To that end, SFC seeks an exemption to use UASs for 

agricultural survey, wildlife survey, aerial photography, and forest/agricultural inspection.

OPERATIONAL PARAMETERS

SFC seeks to commercially operate a variety of UASs weighing less than 15 pounds including payload, at a 

speed of no more than 40 mph, in the United States for the purpose of acquiring aerial data. No SFC UASs will 

carry flammable liquid fuel. The Appendix attached to this exemption petition lists the aircraft that SFC

contemplates operating. All UASs are equipped with GPS and auto-return to home feature in the case of 

communications link failure. System redundancies are described in the Manufacturer’s Manual. The UASs 

will only be operated within visual line of sight (VLOS) of an experienced pilot (PIC) and visual observer (VO) 

at all times. UAS operations will take place below 400 feet above ground level and only over privately owned, 

unpopulated forestland and agricultural fields. This type of operation will insure that the UASs will “not create 

a hazard to users of the national airspace system or the public.” –Reform Act Section 333 (b).

Given the small size, safety features, and restricted environment in which they will operate, this application falls 

within the framework of Congress’s mandate to accelerate integration of commercial UAS operations into the 

national airspace by exemption.

All SFC UASs will be operated under the following conditions and limitations:

1. Flight operations will occur only in Class E or Class G airspace.

2. Flight operations will be limited to the UAS listed in the Appendix.

3. Flight operations will not occur for the purpose of closed-set motion picture and television filming.

4. Flight operations will occur at no more than 400 feet above ground level and will never enter navigable 

controlled airspace without prior written authorization and approval from the FAA.

5. No UA will be operated at a speed exceeding 87 knots. UA will never be operated at airspeeds 

exceeding the manufacturer’s maximum operating speed recommendation.

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6. Flight operations will occur using an electric power source.

7. Flight operations will not risk the safety of the PIC or VO, or fly over any members of the general 

public.

8. Flight operations will avoid congested or populated areas, which the FAA designates as yellow on VFR 

charts.

9. Flight operations will be operated within VLOS, with one PIC and one ground- based VO within an 

audible distance of the PIC. The PIC must use human vision unaided by any device other than corrective 

lenses.

10. Flight operations will not be conducted during night, as defined in 14 CFR § 1.1. All operations will be 

conducted under visual meteorological conditions (VMC). Flight operations will not be conducted 

within a 5 NM radius from the center of any FAA designated airport.

11. Flight operations will only be conducted with permission from the land owner, property manager, or 

authorized representative.

12. SFC will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, 

otherwise known as a COA, prior to conducting any operations under this grant of exemption. This COA 

will require SFC to request a Notice to Airman ("NOTAM") with an appropriate ATC facility between 

48 and 72 hours before the flight.

13. All operating documents needed to safely operate the UAS will be accessible during UAS operations 

and made available to the Administrator upon request. The operator will also present updated and 

revised documents if it petitions for extension or amendment.

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

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

to conducting further operations.

15. SFC is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe 

operation.

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

for safe flight.

17. SFC will follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit 

requirements for the aircraft and aircraft components.

18. If the UAS loses communications or loses its GPS signal, the aircraft will return to a pre-determined 

location within the area of operation and land safely.

19. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

20. Maximum total flight time for each operational flight will be limited to the amount of time the UAS can 

be flown and still maintain a reserve battery power of no less than 20%.

21. Flights will be operated at a lateral distance of at least 500 feet from any nonparticipating persons, 

unless that person is in a position where he or she is shielded from the UAS and any possible debris 

resulting from UAS failure. Flight will be terminated if a nonparticipating person within 500 feet of the 

UAS leaves a shielded position. At no time will the UAS be conducted so close to persons or objects to 

present an undue hazard to the PIC or Observer, per §91.119(a).

22. Prior to the operation, there will be a Mission Plan setting forth the operational limitations and 

conditions for the mission, as well as key personnel contact information and a description of any 

potential hazards on or in the vicinity of the survey site.

23. PICs and VOs will have at least a valid U.S. driver’s license.

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24. The UA shall remain clear and yield the right of way to all other manned operations and activities at all 

times.

25. The UAS will not be operated by the PIC from a moving device or vehicle.

26. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA will be reported to the FAA's UAS Integration Office 

(AFS−80) within 24 hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority 

includes exempting civil aircraft, as the term is defined under §40101 of the Act, including UAS, from the 

requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) 

or (b) of this section or any sections §44702-44716 of this title if the Administrator finds the exemption in the 

public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC §44704; 14 CFR 91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS may operate in the national 

airspace system without creating a hazard to the user, the public, or a threat to national security. In making this 

determination, the Secretary must consider:

• The UAS’ size, weight, speed and operational capability;

• Whether the UAS operates within the visual line of sight of the operator;

• Whether the UAS operates outside of highly populated areas and away from close proximity to airports.

Reform Act 333(a). If the Secretary determines that a UAS “may operate safely in the national airspace system, 

the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” 

Id. 333(c).

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 21: AIRWORTHINESS CERTIFICATES

SFC requests an exemption from Section 14 CRF Part 21, which requires the issuance of an Airworthiness 

Certificate for flight operation, while the FAA is still carrying out research and development for UAS standards 

and regulation.

SFC’s UASs weigh less than 15 pounds, fully loaded. They will not carry fuel or passengers, and will obey the 

operational parameters previously outlined in this exemption petition. We assert that the SFC UASs, as 

compared to manned aircraft, significantly reduces the risk to crew, passengers, property, and the general public 

due its small size and operational parameters outlined above.

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SFC UASs do not need a means to communicate with other aircraft or ATC, because those capabilities will be 

possessed by the PIC and Observer, who are not onboard the UAS. See Grant of Exemption, 

Docket FAA-2014-0352 at 13. In addition, sense-and-avoid technology is not necessary for the UAS because it 

will be operated at all times in VFR conditions and within VLOS of the PIC and Operator.

In the event that the FAA requires SFC to obtain an Experimental Airworthiness Certificate or traditional 

Airworthiness Certificate in order to receive an exemption from Section 333, we request an opportunity to 

pursue such a certification.

14 CFR 45.23: MARKING OF THE AIRCRAFT

Subsections (a) and (b) for 14 CFR 45.23 require that the operator of the aircraft display the registration 

number on the side of the aircraft, and at various positions "near each entrance to the cabin, cockpit, or pilot 

station, in letters not less than 2 inches nor more than 6 inches high”.

SFC UA have no cabin, cockpit, passengers, or crew. SFC proposes to keep all registration and identification 

information with the PIC and VO at the ground station.

Subsection (b) requires that certain experimental, provisionally certified aircraft, or light-sport category aircraft 

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

“experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. Even though SFC UA

will have no airworthiness certificate, an exemption may be needed as the UA will have no entrance to the 

cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the size of the UA, 2 

inch lettering may be impossible. SFC will mark the UA as practicable.

14 CFR 61.113(A) & (B): PRIVATE PILOT PRIVILEGES AND LIMITATIONS: PILOT IN COMMAND

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because SFC UA will not carry a 

pilot or passengers, the proposed operations can achieve the equivalent level of safety of current operations by 

requiring the pilot operating the aircraft to have completed an in-house training program specific to the aircraft. 

Unlike a conventional aircraft that carries the pilot and passengers, the UAS is remotely controlled. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance. The risks 

associated with the operation of the UAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested exceeds the 

present level of safety achieved by 14 CFR 61.113(a) and (b). Should an in-house training program not fulfill 

the requirements for exemption, SFC will make any necessary modification and provide a licensed pilot with a 

minimum recreational, sport, or private pilot certification.

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

SFC seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition 

to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the 

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requirements of Part 21 are waived or found inapplicable. See Grant of Exemption to Astraeus Aerial, Docket 

No. FAA-2014-0352 at 13-14, 22.

14 CFR 91.9(B) (2): CIVIL AIRCRAFT FLIGHT MANUAL, MARKING AND PLACARD REQUIREMENTS

The size and configuration of SFC UASs restrict the ability to carry a flight manual on board the aircraft during 

operation. SFC UAS does not carry passengers or crew and would not benefit from an on board flight manual. 

Operating manuals will be kept with the PIC at the ground control station, which will maintain an equivalent 

level of safety.

14 CFR 91.103: PREFLIGHT ACTION

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

An exemption is needed from this requirement, as the pilot will take separate preflight actions as described in 

the manufacturer’s operating manual and safety checklists. These actions will provide an equivalent level of 

safety.

14 CFR 91.109: FLIGHT INSTRUCTION

14 CFR 91.109 stipulates, "No person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls."

By design, UAS do not have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The equivalent level of safety is 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability to control the 

UAS via radio signals from the controller and by the size and speed of the aircraft.

14 CFR 91.119: MINIMUM SAFE ALTITUDES

14 CFR 91.119 requires that the PIC operate at "... 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."

Following current FAA guidelines, SFC UASs will operate below 400 feet and within VLOS. Equivalent level 

of safety will be achieved by operating within the operational parameters previously listed in this petition. 

Operations will not take place without permission of the property owner or their representative. Operations will 

be conducted at least 5 miles from an airport, and 500 feet from all non-participating persons, vessels, and 

structures.

Given the small size of SFC UA, risk is much lower compared to conventional aircraft operating below 500 

feet. The operational ceiling of 400 feet AGL will also allow for separation between our UA operations and 

that of conventional aircraft.

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14 CFR 91.121: ALTIMETER SETTINGS

This regulation requires each person operating the 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.” SFC UA may not have a barometric altimeter, but instead a GPS altitude read out transmitted 

to the ground station by means of the telemetry radios. An equivalent level of safety will be achieved by the PIC 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151: FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS.

14 CFR 91.151 requires that the PIC may not begin a flight under VFR "unless (considering wind and forecast 

weather conditions) there is enough fuel to fly to the first point of intended landing ..."

SFC UA do not use liquid fuel, but instead use lithium ion or lithium polymer batteries. Because of this, SFC 

requests exemption from 14 CFR 91.151. Similar exemptions have been granted to petitioners.

14 CFR 91.203: CIVIL AIRCRAFT; CERTIFICATIONS REQUIRED

SFC UA has no pilot, crew, cabin, or cockpit. This means it is unable to carry certification or registration 

documents on board. Equivalent level of safety will be achieved by keeping any applicable certification or 

registration at the ground control station.

14 CFR SUBPART E (91.401- 91.417): 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.

These sections apply to aircraft with an airworthiness certificate, which will exclude SFC UA. Maintenance 

will be applied pursuant to the manufacturer’s recommendation via the Operating Manuals for UA listed in the 

Appendix. Equivalent level of safety is achieved by operating within the strict operational parameters 

previously listed in this petition. Any mechanical issues that may arise during operation can be safely addressed 

because the UA will operate no higher than 400 feet AGL in a restricted area, allowing the PIC to immediately 

land. The PIC will ensure that the UA is in proper working condition prior to any operation. SFC will keep a

log of all maintenance performed, either by SFC or the manufacturer.

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PUBLIC INTEREST

Operations conducted with SFC UAS in lieu of conventional manned aircraft enhance safety, reduce 

environmental impact, and lower cost of aerial data acquisition. Operations conducted with this exemption will 

enhance natural resource decision making in the field of forestry. These benefits include: forest stand health 

evaluations, seedling survival for reforestation, forest pest detection, and best management practice inspections. 

Agricultural survey benefits include: analysis of crop health, pest detection, and fertility analysis which leads to 

more specific and decreased agricultural inputs.

These types of data acquisition are currently under-utilized because of the cost-prohibitive nature of manned 

aircraft operations.

PRIVACY

All operations conducted by SFC UAS will occur over private property with the property owner’s prior consent 

and knowledge. No images or video will be taken of individuals or property without the individual or property 

owner’s prior written consent. 

NATIONAL SECURITY

Given the size of the UAS involved and the restricted operational parameters previously listed, SFC’s petition 

presents no national security issue.

CONCLUSION

This Petition for Exemption made by Southern Forestry Consultants, Inc. satisfies the criteria set forth in 

Section 333 of the Reform Act of 2012. In consideration of the foregoing, SFC requests that the FAA grant it 

the necessary exemptions to allow commercial operation of UAS for the acquisition of aerial data, so long as 

such operations are conducted within and under the conditions outlined herein or as may be established by the 

FAA. We thank you for your prompt consideration of our request. Please do not hesitate to contact the 

undersigned in the event that additional information is needed.

Sincerely,

Jason P. Suggs—GIS Manager

Southern Forestry Consultants, Inc

305 W Shotwell Street

Bainbridge, GA 39819

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Jason P. Suggs
Appendix

Proposed UAS Specifications

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I. DJI PHANTOM 2 VISION + SPECS

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II. APPLIED AERONAUTICS ALBATROSS SPECS

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III. FE1800S SKYHUNTER SPECS

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