333 Exemption Request Package

UAS Aircraft Operations for

Aerial Photography, Video, and Data Collection

1/12/2016

Drafted By:

Patrick Latcham

Chief Executive Officer

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contained to any third party without receiving before hand, written permission from the submitting 

company.
January 12, 2016

Patrick Latcham

ProEditors Inc.

Mailing: 121 Touchdown Dr. 

Mountain Village, CO 81435

Physical: 121 Touchdown Dr. 

Mountain Village, CO 81435

(313) 268-1621

patrick@proeditors.com

U.S. Department of Transportation, Docket Operation 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 

14 OF THE CODE OF FEDERAL REGULATIONS PART 21, SUBPART H AND 

SECTIONS §§ 61.113(a) & (b), 91.109, 91.7(a), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING 

COMMERCIAL OPERATION OF 3D ROBOTICS SOLO MULTIROTOR 

AIRCRAFT SYSTEMS PURSUANT TO SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Aircraft Make and Model:

3D Robotics Solo

Similar Exemptions Granted:

Exemption No. 12568 

Regulatory Docket No. FAA−2015−2407

Mr. Brandon Horgeshimer 

Pneumatic Drone Cinema Inc.

Exemption No. 11335A 

Regulatory Docket No. FAA–2014-1106

Mr. Marc Asselin

Voler Inc.
To Whom It May Concern:

ProEditors Inc. respectfully requests an exemption from several provisions of 

Title 14 of the Code of Federal Regulations (C.F.R.) to permit the use of small 

unmanned aerial systems (UAS) for the purpose of providing aerial photography, 

video, and data collection services. Accordingly, the grant of an exemption is 

consistent with Congress’ intent, reflected in Section 333 of the FAA 

Modernization and Reform Act of 2012 (Modernization Act). that safe systems 

be permitted in the national airspace prior to the issuance of final regulations 

governing general use of these systems. This summary is suitable for publishing 

in the Federal Register.

ProEditors Background

ProEditors is in the business of providing aerial photography, video, and data 

collection services. Our operations are designed to facilitate a safe and effective 

means for monitoring remote outdoor spaces, collecting data related to 

operational efficiency, promoting safe facility usage, and providing a safe 

monitoring method for our clients’ data collection needs. 

ProEditors Operational Requests

Aerial Photography

Aerial Video

Aerial Data Collection

Regulatory Basis for Exemption Request 

In addition to the waiver authority provided in §333 of the Modernization Act, the 

FAA may grant an exemption under 49 U.S.C. §44701(f) if it has determined that 

such an exemption is in the public interest. The FAA has imposed a separate 

requirement in its procedural regulations, providing that the petitioner shall 

explain why granting the exemption would not adversely affect safety or how the 

exemption would provide at least an equivalent level of safety as compliance 

with the underlying regulation. 

In this case, approval of this exemption would advance the public interest by 

significantly enhancing the safety and efficiency of aerial photography, video, 

and data collection while also providing the FAA with valuable user experience 

on UAS in a context with appreciable economic and societal benefits. As 

described more fully below, the requested exemption would permit the 

operation of UAS under highly controlled conditions, thus ensuring that 

operations will not have an adverse impact on safety. To the contrary, as 

explained below, ProEditors anticipates that use of UAS will facilitate safer 

operations by providing a supplementary tool for those employees placed in 
high risk, remote work environments. Granting an Exemption is in the Public 

Interest. Currently, in all cases, not only are these monitoring tasks tedious, 

costly, or impossible using current methods, but they require humans to place 

themselves in remote environments; working at risk, in known danger zones. 

As a result, pursuant to federal regulations and company policy, our clients’ 

inspectors and monitoring employees routinely place themselves in harms way 

to perform their duties. At present, this work is done primarily by company 

personnel in motor vehicles, on foot, using helicopters, and/or using specialized 

equipment. This is often a labor-intensive and sometimes arduous job. While our 

clients claim to make these inspections as safe as possible, there is an 

irreducible element of risk involved whenever employees are required to perform 

these tasks. Employees are often required to utilize manned aircraft with several 

individuals onboard during harsh weather, high wind conditions. The vast 

majority of these tasks are performed in remote locations, which puts humans in 

at-risk areas, further away from medical treatment or cellular communication 

capabilities. While the use of UAS for aerial photography, video, and data

collection would not eliminate these risks entirely (as it is an additive safety 

measure), it would reduce the risks to employees by allowing for remote aerial 

monitoring.

Aerial data collection by traditional unmanned fixed wing and/or aircraft is 

impractical for some applications due to the required altitudes for safe flight, 

which reduce imaging capabilities below meaningful levels – it is simply not 

possible to see all geographical anomalies from such heights with current 

technology. Helicopters present better vantage points; however manned 

helicopters are much more costly, subject to human safety risks and carry highly 

explosive jet fuel, making them impractical for deployment. By using UAS for 

supplemental asset evaluation, ProEditors will substantially upgrade the 

capacity to detect and address issues within the Areas of Public Interest by 

providing clients with a tool that prevents the unnecessary safety risks involved 

in performing these duties. Thus, the use of UAS has the potential to improve 

efficiency, resulting in faster and safer delivery of near-real-time data.

Granting an Exemption will not Adversely Affect Safety

ProEditors notes that there is no applicable standard for an equivalency 

determination. Some have argued that the appropriate standard is that for 

model aircraft, noting that their operations, if conducted for recreational 

purposes, would fall completely within the allowable operations for model 

aircraft. We believe it is difficult to argue that there is sufficient correlation 

between model aircraft operations governed by the Academy of Model 

Aeronautics and the operations contemplated by ProEditors. Similarly, it is clear 

that equivalency cannot be established for traditional, manned civil aircraft 

because the design and use profiles between traditional aircraft and UAS are 
simply too different. As such, we believe it makes more sense to focus on why 

ProEditors’ contemplated operations would not adversely affect safety, solely 

required by §11.81(e).

Granting an exemption will not adversely affect safety. ProEditors contemplates 

conducting UAS operations over client owned or controlled land, solely during 

daylight hours, at altitudes well below that which would pose a risk to other 

aircraft. In general, UAS operations will be conducted in areas distant from both 

congested areas and airports in accordance with FAA standards. Moreover, 

because of the inherent risks presented by standard infrastructure operations, 

our clients have already taken steps to secure property against unauthorized 

public access. Although some areas, like ski resorts do attract a high volume of 

visitors at times, the vast majority of Pro Editors’ operations are conducted in 

areas that are uninhabited or rarely visited. In the example of ski resorts, it 

should be noted that operations will be conducted during daylight hours at 

times when mission can be conducted most safely: before and after ski lifts 

open and close. Other long stretches of land are, as noted above, in very remote 

wilderness areas. The nature of operations anticipated by Pro Editors requires 

that the UAS be flown at relatively low altitudes and relatively low speeds. Pro 

Editors expects that in most instances, the UAS will be flown within 200 feet of 

the highest structure or terrain feature within relative proximity to the mission 

path. Accordingly, the risk of interference with another aircraft is minimal. Pro 

Editors also plans to conduct UAS operations at least 5 nautical miles from any 

public airports (including heliports). In the event an operation needs to be 

conducted closer to an airport, Pro Editors will inform the airport operator and 

airport air traffic control tower of the contemplated operation and will comply 

with any directions issued by air traffic control at that airport. 

Approval of exemptions allowing commercial operations of UAS’s will enhance 

safety by reducing risk. Conventional operations, using jet or piston power 

aircraft, operate at extremely low altitudes just feet from the subject being 

inspected and in extreme proximity to people and structures; and present the 

risks associated with vehicles that weigh in the neighborhood of 4,000lbs. 

carrying large amounts of jet A or other fuel (140 gallons for jet helicopters). 

Such aircraft must fly to and from the inspection site. In contrast, a UAS

weighing fewer than 55 lbs. and powered by stable lithium polymer batteries 

eliminates virtually all of that risk given the reduced mass and lack of 

combustible fuel carried on board. The UAS is safely transported to the relative 

area of the mission launch location. The UAS will carry no passengers or crew 

and, therefore, will not expose employees to the risks associated with manned 

aircraft flights. 

The operation of small UAS’s, weighing less than 55 lbs., conducted in the strict 

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

the grant of the exemptions requested herein, including 333 Aircraft Exemption 
Status exempting the applicant from conventional aircraft requirements and 

allowing commercial operations. These lightweight aircraft operate at slow 

speeds, close to the ground, and in a controlled environment and, as a result, 

are far safer than conventional operations conducted with turbine helicopters 

operating in close proximity to the ground and people. 

The safety of non-essential personnel and the general public is protected by 

security measures that prohibit any individual or non-essential personnel from 

entering the pre-determined mission area without the permission of the 

company. Security will be established for the flight area as part of the pre-flight 

control. Each individual permitted within the secure area will be briefed on the 

mission and safety protocols prior to flight and will consent to being in the 

operational area. All others will be excluded from the area. 

Pro Editors initially intends to use a dedicated staff for UAS operations. All 

operations will be within visual line-of-sight (i.e., no more than approximately 0.5 

miles from the manipulator of the controls, or pilot in command (PIC)). Each PIC 

will conduct at least three take-offs and landings with the UAS on which he or 

she is trained every 90 days. PIC’s will establish their qualifications thru a 

combination of aeronautical knowledge, UAS airmanship skills, and verification 

through testing of flight ability before infrastructures operations have 

commenced. Depending on the type of operation, additional ground-based 

visual observers may be employed as well. These observers will be within 

constant visual line of sight and in constant contact with the PIC. The visual 

observers will assist the PIC in avoiding objects near the UAS. 

There are no standards for either Private or Commercial UAS pilot certificates. 

The safe operation and control of the UAS as described in this application does 

not depend on the type of FAA license held by the PIC. Given the restricted and 

controlled airspace within which operations will take place, the key factors 

needed by the PIC are knowledge of the airspace within which the operation will 

take place and how that airspace fits into the National Airspace System (NAS). 

That knowledge can be and is gained primarily through ground school and not 

through flight training in fixed wing or rotor aircraft, nor is it dependent on the 

acquisition of a commercial or private pilot’s certificate. Those certificates 

demonstrate knowledge of the factors and skills needed for the safe operation 

of those types of aircraft (fixed wing or rotorcraft). It cannot be assumed that a 

commercial pilot, approved to operate a helicopter or fixed wing aircraft, has the 

skill or ability to safely operate a small unmanned aerial vehicle, operating at 400 

AGL or lower, within strictly controlled pre-approved airspace. Besides 

knowledge of airspace regulations, dexterity in the control and operation of the 

UAS acquired from actual operation of the aircraft is the most important factor in 

establishing an equivalent level of safety. 
If the PIC has acquired the necessary knowledge of airspace requirements, the 

relevant issues are (1) where the aircraft will be flown, (2) the size of the aircraft 

relative to what is being used today to accomplish the same mission, and (3) 

what precautions will be taken to ensure the safety of those in the area of 

operation. We propose that the PIC has at least an FAA Private Pilots Certificate 

and a Class III medical; the aircraft be operated within a secure environment; 

and that no one be allowed to enter the secure environment unless they are part 

of the operation, have been fully briefed of the risks prior to operation of the 

UAS, and have consented to the risks associated with being in the operating 

area. Should there be an incident, the UAS being flown pose significantly less of 

a threat than the helicopters and fixed wing aircraft currently being employed 

due to their small size, battery power as opposed to combustible fuel, do not 

carry crew or passengers, and pose an infinitesimal risk to others. This is in 

stark contrast to conventional aircraft that are flown to the site, carry explosive 

fuel, carry passengers and crew, and operate in a much larger area. 

From a practical standpoint, there are relatively few licensed full-scale aircraft 

pilots who are also qualified to fly the type of UAS that are utilized for 

Environmental Areas of Public Interest operations. There are even fewer 

commercial pilots that can fly these UAS – to the point that to possess both 

skills is considered rare. Assuming that it is unlikely for a company to find a pilot 

that has both qualifications, that company would either have to source a 

qualified UAS pilot to train and obtain a commercial certificate, or find a 

commercial certificated pilot who would be willing to learn to fly a UAS to the 

competency level required for professional use. 

Minimum requirements for the PIC include: 

1. Private Pilot’s license and a Class III medical; 

2. A minimum of 200 flight cycles and 25 hours of total time as a 

UAS rotorcraft pilot and at least 10 hours logged as a UAS

pilot with a similar UAS type (single blade or multirotor); 

3. A minimum of 5 hours as UAS pilot with the make and model 

of UAS to be utilized for operations under the exemption and 3 

take offs and landings in the preceding 90 days; 

4. Have undergone a qualification process as specified in the 

Flight Operations & Procedures Manual consisting of a 

knowledge & skill test of the aircraft to be used. 

Another consideration supporting the certificate requirement is that pilots 

holding a private pilot certificate are subject to security screening by the 

Department of Homeland Security. This requirement should ameliorate security 

concerns over UAS operations under this exemption. 
Pro Editors intends to use commercially available UAS platforms and 

components for UAS. These UAS systems will be tested for quality & safety in

our test facility before being deployed to the field. The UAS is less than 55 lbs. 

fully loaded, carries neither a pilot nor passenger, and operates exclusively 

within a secured area. We have a routine maintenance schedule to verify that 

the UAS will remain in safe and operational condition. Please see Appendix B, 

for Specific Types of UAS.

Notes Regarding: 14 C.F.R. Part 21, Subpart H

In accordance with the statutory criteria provided in Section 333 of PL 112-95 in 

reference to 49 USC 44704, and in consideration of the size, weight, speed, 

and limited operating area associated with the aircraft and its operation, we 

request that this aircraft exemption meets the conditions of Section 333. 

Therefore, if granted Section 333 relief of 14 CFR part 21, and any associated 

noise certification and testing requirements of part 36, is not necessary.

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

Given the size of the UAS, two-inch lettering will be impossible. UAS will be 

identified by serial number, registered in accordance with 14 CFR part 47, and 

have identification (N-Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings will be as large as practicable.

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airworthiness

Pro Editors’ request is based on the fact that no airworthiness certificate will be 

issued for the UAS. Pro Editors’ UAS will not require an airworthiness certificate 

in accordance with 14 CFR part 21, Subpart H. Based on the fact that an 

airworthiness certificate will not be issued, exemption from § 91.7(a) is not 

necessary.

Notes Regarding: 14 CFR § 91.9(b)(2) Civil aircraft flight manual, marking & 

placard

Certifications required, the original intent of these regulations was to display an 

aircraft’s airworthiness, certification, and registration documents so they would 

be easily available to inspectors and passengers. Based on the FAA 

Memorandum subject “Interpretation regarding whether certain required 

documents may be kept at an unmanned aircraft’s control station,” dated 

August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) and 91.203(a) 

and (b) is not necessary.

Notes Regarding: §91.109 Flight instruction; Simulated instrument & certain 

flight tests

Small UASs, by their design, 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. Aircraft being considered for use by 
Pro Editors allow the UAS Instructor to place the aircraft into ‘loiter’ mode (fixed 

altitude stationary hold). In the event of the student losing control, the UAS

Instructor can quickly and via alternate equipment (equipment not in the hands 

of the student) place the aircraft into a mode that then allows the instructor to 

bring the aircraft back into control and back to the predetermined and/or safe 

landing location. 

Pro Editors does not describe training scenarios in which a dual set of controls 

would be utilized or required, i.e. dual flight instruction, provided by a flight 

instructor or other company-designated individual, that would require that 

individual to have fully functioning dual controls. Rather, Pro Editors evaluates 

the qualification of its PICs based on their experience with the UAS to be 

operated and verifies through testing, in lieu of formalized training. As such, Pro 

Editors does not seek relief from 14 CFR § 91.109.

Notes Regarding § 14 CFR 91.119(b)

Relief from § 14 CFR 91.119(b), operation over congested areas, is not 

applicable, because Pro Editors’ operations will only be conducted within the 

secured area described herein.

Technology Considerations: 

Best-in-class, tried and proven technologies that are in advanced iterations. 

Software from highly-reputable industry partners will include the following

features -

1. Auto descent (landing) if communication signal were to be severed. If the 

UAS loses communications, the UAS will have capability to return to a 

pre-determined location within the Security Perimeter and land.

2. Auto descent (landing) if the battery were to drop lower than predetermined (programmed) nominal level. 

3. Flights will be terminated at 25% battery power reserve. 

4. Live video for operator gives real-time positioning feedback (POV). This is 

defined by the ability to monitor a scene from the vehicle's perspective 

for collision avoidance, and to maintain spatial orientation. 

5. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies.

6. On-Screen-Display (OSD) contains operating information to ascertain 

vehicle health at all times: speed, altitude, number of GPS satellites (when 

available), heading and voltage.

7. GPS lock supplies for return-to-home (RTH). Should Command and 

Control (C2) link failures occur (highly improbable), vehicle returns 

automatically to the point of launch.

8. Altitude information will be provided to the UAS pilot via a digitally 

encoded telemetric data feed, which downlinks from the aircraft to a 

ground-based on-screen display. This altitude information will be 

generated by equipment installed on board the aircraft, using GPS 
triangulation, or digitally encoded barometric altimeter, or radio altimeter, 

or any combination thereof. Prior to each flight, a zero altitude initiation 

point will be established and confirmed for accuracy by the pilot.

Mechanical/Physical:

1. Pro Editors will fly within line-of-sight (LOS) only. The vehicle will always 

remain in direct LOS to the pilot, thus eliminating the concern of signal 

severance (flying behind objects/walls).

2. The UAS will weigh less than 55 lbs and travel at less than 50 knots.

3. Batteries should far exceed the capacity required for actual flight time.

4. Flights will be operated at an altitude of no more than 400 feet AGL.

5. Fireproof bags for storage and charging of high capacity Lipo batteries 

on-site. For off-site (pre-mission) charging, a fully-enclosed vented 

concrete battery “bunker” will be utilized for increased safety during 

charging. 

6. UAS operated under this exemption will be marked in accordance with 14 

CFR part 45 or as otherwise authorized by the FAA.

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for 

operators (pilot, gimbal op, director)

2. Radio spectrum analysis for interference on the frequencies utilized for 

vehicle control/communication.

3. A briefing will be conducted in regard to the planned UAS operations 

prior to each day’s activities. It will be mandatory that all personnel who 

will be performing duties within the boundaries of the safety perimeter be 

present for this briefing.

4. The operator will obtain the consent of all persons involved in the UAS

operations and ensure that only consenting persons will be allowed within 

100 feet of the flight operations.

5. Observer and pilot will at all times be able to communicate by voice.

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

obtained. 

7. Pilot and observer will have been trained in operation of UAS generally 

and received up-to-date information on the particular UAS to be 

operated.

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), 

including energy source(s) and equipment. Operations authorized by this 

petition of exemption are limited to the following aircraft described in 

Appendix B. Proposed operations of any other aircraft will require a new 

petition or a petition amendment to this request.

2. The UA may not be flown at a ground speed exceeding 50 knots.
3. Flights must be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the 

operator’s manual. All altitudes reported to ATC must be in feet AGL.

4. The UA must be operated within visual line of sight (VLOS) of the PIC 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 FAAissued medical certificate.

5. All operations must utilize a visual observer (VO). The VO may be used to 

satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all 

times.

6. The operator’s manual included as Appendix C and this petition of 

exemption must be maintained and made available to the Administrator 

upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operator’s 

manual, the conditions and limitations herein take precedence and must 

be followed. Otherwise, the operator must follow the procedures as 

outlined in its operator’s manual. The operator may update or revise its 

operator’s manual. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the 

Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment. If the 

operator determines that any update or revision would affect the basis for 

which the FAA grants this petition for exemption, then the operator must 

petition for amendment to their exemption. The FAA’s UAS Integration 

Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operator’s manual. 

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects 

the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station, if 

utilized, must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records.

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

UAS operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight in accordance with the 

operator’s manual. The PIC who conducts the functional test flight must 

make an entry in the UAS aircraft records of the flight. The requirements 

and procedures for a functional test flight and aircraft record entry must 

be added to the operator’s manual.

9. The operator must follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 

requirements. When unavailable, aircraft maintenance/component/

overhaul, replacement, and inspection/maintenance requirements must 
be established and identified in the operator’s manual. At a minimum, 

requirements for the following must be included in the operator’s manual:

• Actuators / Servos;

• Transmission (single rotor);

• Powerplant (motors);

• Propellers;

• Electronic speed controller;

• Batteries;

• Mechanical dynamic components (single rotor);

• Remote command and control;

• Ground control station (if used); and

• Any other components as determined by the operator;

10) The Pilot In Command (PIC) must possess at least a private pilot 

certificate and at least a current third-class medical certificate. The PIC 

must also meet the flight review requirements specified in 14 CFR § 61.56 

in an aircraft in which the PIC is rated on his or her pilot certificate.

11) Prior to operations conducted for the purpose of Environmental Areas of 

Public Interest missions, the PIC must have accumulated and logged, in a 

manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles 

and 25 hours of total time as a UAS rotorcraft pilot and at least 10 hours 

logged as a UAS pilot with a similar UAS type (single blade or multirotor). 

Prior documented flight experience that was obtained in compliance with 

applicable regulations may satisfy this requirement. Training, proficiency, 

and experience-building flights can also be conducted under this petition 

of exemption to accomplish the required flight cycles and flight time. 

During training, proficiency, and experience-building flights, all persons 

not essential for flight operations are considered nonparticipants, and the 

PIC must operate the UA with appropriate distance from nonparticipants 

in accordance with 14 CFR § 91.119.

12) Prior to operations conducted for the purpose of Environmental Areas of 

Public Interest monitoring, the PIC must have accumulated and logged, in 

a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as 

UAS pilot operating the make and model of UAS to be utilized for 

operations under the exemption and three take-offs and three landings in 

the preceding 90 days. Training, proficiency, experiencebuilding, and 

take-off and landing currency flights can be conducted under this petition 

of exemption to accomplish the required flight time and 90 day currency. 

During training, proficiency, experience-building, and take-off and landing 

currency flights all persons not essential for flight operations are 

considered nonparticipants, and the PIC must operate the UA with 

appropriate distance from nonparticipants in accordance with 14 CFR § 

91.119.
13) Prior to any flight operations authorized by this petition of exemption, the 

PIC and VO must have successfully completed a qualification process, as 

outlined in the operator’s manual. As this is a requirement stipulated by 

the operator, the test must be developed and implemented by a qualified 

person designated at the sole discretion of the operator. A record of 

completion of this qualification process must be documented and made 

available to the Administrator upon request.

14) Prior to operations conducted for the purpose of Environmental Areas of 

Public Interest monitoring, a flight demonstration, administered by an 

operator-approved and -qualified pilot must be successfully completed 

and documented. This documentation must be available for review upon 

request by the Administrator. Because the knowledge and airmanship 

test qualifications have been developed by the operator, and there are no 

established practical test standards that support a jurisdictional FAA 

FSDO evaluation and approval of company designated examiners, the 

petitioner will conduct these tests in accordance with the operator’s 

manual. 

15) The UA may not be operated directly over any person, except authorized 

and consenting personnel, below an altitude that is hazardous to persons 

or property on the surface in the event of a UAS failure or emergency. 

16) Regarding the distance from participating persons, the operator’s manual 

has safety mitigations for authorized and consenting personnel. At all 

times, those persons must be essential to the operations. 

17) Regarding distance from nonparticipating persons, the operator must 

ensure that no persons are allowed within 500 feet of the area except 

those consenting to be involved and necessary for the Environmental 

Areas of Public Interest monitoring operations. This provision may be 

reduced to no less than 200 feet if it would not adversely affect safety 

and the Administrator has approved it. For example, an equivalent level of 

safety may be determined by an aviation safety inspector’s evaluation of 

the Environmental Areas of Public Interest monitoring an area to note 

terrain features, obstructions, buildings, safety barriers, etc. Such barriers 

may protect nonparticipating persons (observers, the public, news media, 

etc.) from debris in the event of an accident.

18) If the UAS loses communications or loses its GPS signal, the UA must 

return to a pre-determined location within the security perimeter and land 

or be recovered in accordance with the operator’s manual. 

19) The UAS must abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operator’s manual. 

20) Each UAS operation must be completed with 25% battery power 

remaining. 

21) The operator must obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under this petition of exemption. This COA will also require the 
operator to request a Notice to Airman (NOTAM) not more than 72 hours 

in advance, but not less than 48 hours prior to the operation. 

22) All aircraft operated in accordance with this exemption must be identified 

by serial number, registered in accordance with 14 CFR part 47, and have 

identification (N-Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings must be as large as practicable. 

23) The operator must develop procedures to document and maintain a 

record of the UAS maintenance, preventative maintenance, alterations, 

status of replacement/overhaul component parts, and the total time in 

service of the UAS. These procedures must be added to the operator’s 

manual. 

24) Each UAS operated under this exemption must comply with all 

manufacturer Safety Bulletins. 

25) The operator must develop UAS technician qualification criteria. These 

criteria must be added to the operator’s manual. 

26) The preflight inspection section in the operator’s manual must be 

amended to include the following requirement: The preflight inspection 

must account for all discrepancies, i.e. inoperable components, items, or 

equipment, not covered in the relevant preflight inspection sections of the 

operator’s manual. 

27) Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA must comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

28) At least three days before scheduled Environmental Areas of Public 

Interest monitoring, the operator of the UAS affected by this exemption 

must submit a written Plan of Activities to the local FSDO with jurisdiction 

over the area of proposed Environmental Areas of Public Interest 

monitoring. The 3-day notification may be waived with the concurrence of 

the FSDO. The plan of activities must include at least the following: 

• Dates and times for all flights;

• Name and phone number of the operator for the UAS in 

Environmental Areas of Public Interest monitoring operations 

conducted under this petition of exemption;

• Name and phone number of the person responsible for the onscene operation of the UAS;

• Make, model, and serial or N-number ofs UAS to be used;

• Name and certificate number of UAS PICs involved in the 

Environmental Areas of Public Interest monitoring event;

• A statement that the operator has obtained permission from 

property owners and/or local officials to conduct the 

Environmental Areas of Public Interest monitoring event; the list of 

those who gave permission must be made available to the 

inspector upon request;

• Signature of exemption-holder or representative; and
• A description of the flight activity, including maps or diagrams of 

any area, city, town, county, and/or state over which 

Environmental Areas of Public Interest monitoring will be 

conducted and the altitudes essential to accomplish the operation. 

29) The documents required under 14 CFR §§ 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 must be made available to the 

Administrator or any law enforcement official upon request. 

30) The UA must remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, 

ultralight vehicles, parachute activities, parasailing activities, hang gliders, 

etc.). 

31) UAS operations may not be conducted during night, as defined in 14 CFR 

§ 1.1. All operations must be conducted under visual meteorological 

conditions (VMC). Flights under special visual flight rules (SVFR) are not 

authorized. 

32) The UAS may not be operated by the PIC from any moving device or 

vehicle. 

33) The UA may 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. 

34) The UA may not operate in Class B, C, or D airspace without written 

approval from the FAA. The UA may not operate within 5 nautical miles of 

the geographic center of a non-towered airport as denoted on a current 

FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter 

of agreement with the airport management must be made available to the 

Administrator upon request. 

35) Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable 

COA must 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. Further flight operations may not be 

conducted until the incident, accident, or transgression is reviewed by 

AFS-80 and authorization to resume operations is provided. 
Specific Applicable Regulations From Which Relief is Required

REGULATION DESCRIPTION SAFETY EQUIVALENT

91.9(b)(2)

Civil aircraft flight 

manual, carried on 

aircraft

Manual will be carried by operator(s) 

on ground at control station.

91.9(c)

Civil aircraft marking in 

accordance with FAR 

45

Unmanned system will be marked 

with serial number and N Number

91.103(b)(1)

Preflight action, use of 

takeoff and landing 

distance data

Preflight actions and checklists have 

been implemented based on 

manufacturer recommendations.

91.103(b)(2)

Preflight action, use of 

performance data if no 

flight manual is required

All employees will be trained on preflight actions and have access to 

operator’s manual 

91.105(a)(2)

Flight crewmembers at 

stations, seat belt 

fastened

All crewmembers will be aware of, 

and able to perform their onsite 

mission duties.

91.109(a) Flight instruction, dual 

controls required

Flight simulators and a UAS training 

program have been implemented

91.151(a)(1) Fuel requirement VFR, 

day, 30 min.

Battery systems will be fully charged 

prior to flight. Low Battery indicators 

are installed on the aircraft

91.151(a)(2) Fuel requirement VFR, 

night, 45 min.

Not applicable. Night operations will 

not be conducted

91.151(b) Fuel requirement VFR, 

rotorcraft, 30 min.

Battery systems will be fully charged 

prior to flight. Low Battery indicators 

are installed on the aircraft

91.203(a)(1)

Civil aircraft: 

certifications required, 

airworthiness certificate 

on board

Appropriate documentation will be 

available with operations crew on 

site.

91.203(a)(2)

Civil aircraft: 

certifications required, 

registration certificate 

on board

Appropriate documentation will be 

available with operations crew on 

site.

91.203(b)

Civil aircraft: 

certifications required, 

display airworthiness 

certificate in cabin

Appropriate documentation will be 

available with operations crew on 

site.

91.207(a)(2)

Emergency locator 

transmitters, attached 

to the airplane

No ELT is available for an 

unmanned system this size. All 

operation will be conducted within 
line of sight to operators to ensure 

no loss of visual contact

91.211(a) Supplemental oxygen 

for flight crew Does not apply

91.405(a) Maintenance required, 

inspection of aircraft

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented on 

flight manual which will be in 

possession of operators at all times.

91.405(b)

Maintenance required, 

documentation and 

return to service

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented on 

flight manual which will be in 

possession of operators at all times.

91.407(a)(1)

Operation after 

maintenance, return to 

service by appropriate 

person

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented on 

flight manual which will be in 

possession of operators at all times.

91.409(a)(1)

Inspections, annual, 

within preceding 12 

months

No flight instruction for hire will be 

performed.

91.409(b)

Inspections, 100 hour, 

if flight instruction for 

hire is provided

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented on 

flight manual which will be in 

possession of operators at all times.

91.417(a)

Maintenance records to 

be maintained by 

owner or operator

All maintenance of unmanned 

system will be conducted as 

specified by the manufacturer. 

Maintenance will be documented on 

flight manual which will be in 

possession of operators at all times.