UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

SouthwestUAV LLC.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 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 VARIOUS UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

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

Submitted on August 29, 2015

SouthwestUAV

Carl Kubitz

8203 E Del Capitan Drive

Scottsdale, AZ 85258

602 549 9775

Carl.Kubitz@SouthwestUAV.com
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Table of Contents

Glossary of Abbreviations.............................................................................................................................3

Summary .......................................................................................................................................................4

Introduction and Interests of the Petitioner ................................................................................................4

Background ...................................................................................................................................................5

Basis for Petition...........................................................................................................................................6

Name and Address Of The Petitioner...........................................................................................................7

The Specific Sections of 14 C.F.R. from Which SwUAV Seeks Exemption.....................................................8

The Extent of Relief SwUAV Seeks and The Reason SwUAV Seeks The Relief............................................11

The Reasons Why Granting SwUAV Request Would Be In The Public Interest; That Is, How It Would 

Benefit The Public As A Whole....................................................................................................................12

The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The Exemption 

Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which SwUAV Seeks 

Exemption...................................................................................................................................................13

APPENDIX....................................................................................................................................................25
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Glossary of Abbreviations 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations

CG Center of Gravity

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GA General Aviation

GCS Ground Control Station 

GPS Global Positioning System 

MSL Mean Sea Level

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

RTL Return To Landing zone

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 SO Safety Observer 

SOP Standard Operating Procedures

TFR Temporary Flight Restrictions

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff and Landing 
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Summary 

SouthwestUAV LLC. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 91.417(a) & (b), to commercially 

operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA). This exemption will permit SouthwestUAV LLC to operate Unmanned Aircraft 

Systems (UAS) for the commercial purpose of aerial data collection including remote sensing and 

measuring by an instrument(s) aboard the UAS. Examples include imagery (photography, video, infrared, 

etc.), electronic measurement (precision surveying, RF analysis, etc.), chemical measurement 

(particulate measurement, etc.), or any other gathering of data by instruments aboard the UAS.

Introduction and Interests of the Petitioner 

SouthwestUAV LLC (hereinafter referred to as “SwUAV”) was founded in 2015 by Carl Kubitz after a 30+ 

year career in advanced computer data acquisition and analysis. Carl Kubitz is a GA aircraft owner, Pilot 

and is currently involved in UAS Research & Development seeking patients on several innovations in UAS 

Flight Control Systems developed by SwUAV. Carl Kubitz continues to develop operational guidelines 

and training material for SwUAV. 

SwUAV is focused on bringing the technological advancements of UAS into the foreground of UAV data 

collection. This innovative approach to aerial data collection will ultimately enable multiple industries to 

have a faster, safer, and more efficient way to do business. 

SwUAV offers comprehensive program management solutions to acquire data, with precision and 

speed, concerning precision agriculture, land management, infrastructure, digital mapping, architecture

and aerial data collection. SwUAV is fully compliant with government regulations and industry protocols. 

SwUAV firmly believes in combining innovation, integrity, and quality into all of its operations, in order 

to best aid its clients and the communities it serves. 

As set forth in this Petition, SwUAV seeks to commercially operate its (1) Skywalker, (2) DJI Inspire 1 

and (3) DJI Phantom 2 Vision+ over areas of the United States for the purpose of conducting aerial data 

collection.

 
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Background

Unmanned Aircraft Systems: Skywalker, DJI Inspire 1 UAS and DJI Phantom 2 Vision+. SwUAV seeks an 

exemption to operate three models of UAS (collectively, the “Aircraft”) within the NAS. 

Unmanned Aircraft Systems: Skywalker 

SwUAV seeks an exemption to operate the Skywalker for compensation or hire within the NAS. The 

Skywalker is a fixed wing, single engine Unmanned Aircraft (UA) with a Ground Control Station (GCS) 

utilizing electronic tablet or smart phone systems. The Skywalker has a maximum gross weight of 

approximately 5.5 pounds with a useful load of 3.3 pounds. The LiPo battery and remote sensing gear 

weight 2.2 pounds with 1 pound remaining for future aerial data collecting equipment. The Skywalker 

has a length of 47 inches, a 75 inch wingspan, and a maximum speed of approximately 40 knots. The 

Skywalker is equipped with a single brushless motor powered by a Lithium Polymer battery. A modified 

Weight & Balance has been developed for the Skywalker to ensure proper CG resulting in stabilized 

flight operation. 

The Skywalker that will be operated by SwUAV will be registered in accordance with 49 U.S.C. 44103, 

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 

14 C.F.R. Part 45, Identification and Registration Marking. 

Unmanned Aircraft Systems: DJI Inspire 1

SwUAV seeks an exemption to operate the DJI Inspire 1 for compensation or hire within the NAS. The DJI 

Inspire 1 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station 

(GCS) utilizing electronic tablet or smart phone systems. The DJI Inspire 1 has a maximum gross weight 

of approximately 5 pounds 4 ounces, while having a length of 17.2 inches width of 17.8 inches, height of 

8 inches, and a maximum speed of approximately 29 knots. The DJI Inspire 1 is equipped with four main 

rotors; driven by brushless electric motors powered by a Lithium Polymer battery. 

The DJI Inspire 1 that will be operated by SwUAV will be registered in accordance with 49 U.S.C. 44103, 

Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 

14 C.F.R. Part 45, Identification and Registration Marking. 

Unmanned Aircraft Systems: DJI Phantom 2 Vision+

SwUAV seeks an exemption to operate the DJI Phantom 2 Vision+ for compensation or hire within the 

NAS. The DJI Phantom 2 Vision+ is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a 

Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 2

Vision+ has a maximum gross weight of approximately 2 pounds 11 ounces, while having a length of 16 

inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 25 knots. The DJI 

Phantom 2 Vision+ is equipped with four main rotors; driven by brushless electric motors powered by a 

Lithium Polymer battery. 

The DJI Phantom 2 Vision+ that will be operated by SwUAV will be registered in accordance with 49 

U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in 

accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 
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Basis for Petition 

Petitioner SwUAV pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and 

the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain 

Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the Aircraft in 

the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 

61.113(a) & (b), 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). 

In consideration of the speed, weight, size, and limited operating area associated with the unmanned 

aircraft and its operation, SwUAV operation Aircraft 1 UAS meets the conditions of FMRA Section 333 

and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart 

H. 

Accordingly, SwUAV requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with 

an airworthiness certificate. 

SwUAV submits that the requested relief is proper since an equivalent level of safety will always be 

ensured (see Exhibit B: Safe Operation Guidelines). SwUAV will use best practices to perform 

maintenance, alterations, or preventive maintenance on the Aircraft using the methods, techniques, and 

practices prescribed in the operating documents. Furthermore, SwUAV will document and maintain all 

maintenance records for the Aircraft. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by SwUAV to the extent necessary to allow a Pilot in 

Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, 

and who has demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is 

able to safely operate the Aircraft in a manner consistent with this exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

SwUAV seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the Aircraft do not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, SwUAV 

submits that it will ensure that the Aircraft are in an airworthy condition, prior to every flight, by 

determining that the Aircraft are in compliance with the operating and that the Aircraft are in a 

condition for safe flight. 

SwUAV also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as 

the Aircraft will not have a typical barometric altimeter onboard. However, altitude information of the 

Aircraft UA will be provided to the PIC via Global Positioning System (GPS) equipment and radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of 

the flight path. This altitude information, combined with SwUAV operation of the Aircraft within visual 

line of sight, at or below 400 feet AGL, will ensure a level of safety equivalent to Section 91. 
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Additionally, SwUAV seeks an exemption from the requirements of Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions. SwUAV submits that safety will not be affected by operation of 

the Aircraft during daylight hours in Visual Meteorological Conditions (VMC) under Visual Flight Rules 

(VFR), with enough battery power to fly for a total duration of approximately 120% of the mission and 

allowing 20% battery power remaining for RTL landing area.

Name and Address of the Petitioner

The name and address of the Petitioner and Point Of Contact is as follows: 

SouthwestUAV, LLC. 

8203 E Del Capitan Drive

Scottsdale, AZ 85258

Carl Kubitz

602 549 9775

Carl.Kubitz@SouthwestUAV.com

 
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The Specific Sections of 14 C.F.R. from Which SwUAV Seeks Exemption 

 

SwUAV Seeks Exemption From The Requirements of Section 61.113(a) and (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) 

prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if—

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passengers or property for compensation or hire. 

SwUAV Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil Aircraft Airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

SwUAV Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 9 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 

100 nautical miles of the aircraft; 

(ii) There is no station within the area prescribed in paragraph (a)(1)(i) of this 

section, the current reported altimeter setting of an appropriate available 

station; or 

(iii) The case of an aircraft not equipped with a radio, the elevation of the 

departure airport or an appropriate altimeter setting available before 

departure. 

SwUAV Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following: 

(b) No person may begin a flight in a aircraft under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 20 minutes. 
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SwUAV Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner or 

operator of an aircraft—

(a) 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[.] 

SwUAV Seeks From The Requirements Of Section 91.407(a)(1) 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter [.] 

SwUAV Seeks Exemption From The Requirements Of Sections 91.409(a)(1) and 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter. 

SwUAV Seeks Exemption From The Requirements Of Sections 91.417(a) and 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner 

or operator shall keep the following records for the periods specified in paragraph (b) of this 

section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of 

the 100-hour, annual, progressive, and other required or approved inspections, as 

appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, 

and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the 

work performed; and 

(ii) The date of completion of the work performed; and 
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(iii) The signature, and certificate number of the person approving the aircraft 

for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and 

each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, 

rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are 

required to be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last 

inspection required by the inspection program under which the aircraft and its 

appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety 

directives including, for each, the method of compliance, the AD or safety 

directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major 

alteration to the airframe and currently installed engines, rotors, propellers, and 

appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service. 

 
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The Extent of Relief SwUAV Seeks and The Reason SwUAV Seeks The 

Relief. 

Extent and the Reason SwUAV Seeks Relief from Section 61.113(a) and (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is 

requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well 

as a current and valid airman medical certificate, and who has met certain flight-hour and currency 

requirements, to conduct the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private 

pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business or 

employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does 

not carry passengers or property for compensation or hire. 

As set forth more fully below, SwUAV submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the Aircraft other than a person meeting the FAA 

requirements for PIC. In addition all flights must full under the Safe Operation Guidelines of Exhibit B, 

which will be updated as new FAA guidelines take place.

Further, SwUAV submits that all flights of the Aircraft, conducted by the PIC pursuant to the grant of this 

Petition: (1) will be incidental to SwUAV business; and (2) will not carry passengers, packages or 

property for compensation or hire. 

Extent and the Reason SwUAV Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil Aircraft Airworthiness, is requested to the extent required to 

allow SwUAV to determine that the Aircraft are in airworthy condition prior to every flight by ensuring 

that the UAS is in compliance with the operating documents (i.e., the UAS Checklist, Safe Operations 

Guidelines and Maintenance Logs).

SwUAV seeks the requested relief because the Aircraft do not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. Therefore, SwUAV will ensure that the Aircraft are in 

airworthy condition based upon its compliance with the operating documents (i.e., the UAS Checklist, 

Safe Operations Guidelines and Maintenance Logs) prior to every flight, and further, determine that the 

aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

Extent and the Reason SwUAV Seeks Relief from Section 91.121. 

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the 

Aircraft, which utilize a barometric pressure sensor, GPS equipment, and a radio communications 

telemetry data link to downlink altitude information from the UA to the PIC at the ground control 

station (GCS). Since the FAA requires that any altitude information concerning UAS operations be 

reported to air traffic control (ATC) in feet above ground level (AGL), SwUAV seeks the requested relief 

because the Aircraft altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 
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Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the 

extent necessary to comply with the applicable conditions and limitations stated below. As more fully 

set forth herein, an equivalent level of safety will be maintained since the Aircraft are equipped with a 

barometric pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with altitude information of 

the UA on the display of the GCS. 

Extent and the Reason SwUAV Seeks Relief from Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to 

the extent required to allow flights of the battery powered Aircraft during daylight hours in visual 

meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 15 minutes 

to the first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least five minutes (i.e., 20 percent battery power remaining). SwUAV seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery 

powered Aircraft will severely constrain the practicality of any aerial data collection and research 

flight operations that SwUAV proposes to conduct pursuant to this Petition.

Extent and the Reason SwUAV Seeks Relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), And 91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft 

with an airworthiness certificate, SwUAV requests relief from these Sections because the Aircraft does 

not require airworthiness certificates. As set forth more fully below, the Aircraft meets the conditions of 

FMRA Section 333 for operation without an airworthiness certificate. Accordingly, SwUAV will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the Aircraft

using the methods, techniques, and practices prescribed in the Aircraft operating documents (i.e., the 

UAS Checklist, Safe Operations Guidelines and Maintenance Logs). Furthermore, SwUAV will document 

and maintain all maintenance records for the Aircraft. 

The Reasons Why Granting SwUAV Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing SwUAV to safely, efficiently, and 

additionally, use of the Aircraft will decrease congestion of the NAS and reduce pollution, since past 

aerial data collection required large manned aircraft for extended periods of time. Notably, the benefits 

of SwUAV proposed operation of the Aircraft will be realized without implicating any privacy issues. 

The Public Will Benefit From Decreased Congestion Of The NAS. 

The Aircraft are battery powered and serve as a safe, efficient, and economical alternative to the 

manned aircraft traditionally utilized to obtain aerial data collection. By reducing the amount of manned 

aircraft needed to perform aerial data collection, an exemption allowing the use of Aircraft would 

reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the 

safety of life and property in the air and on the ground.
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Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. The Aircraft do not require an airport 

to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial data acquisition missions 

would result in fewer aircraft that must be handled by air traffic control during the ground, takeoff, 

departure, arrival, and landing phases of flight operations. 

The Public Will Benefit From The Safety And Efficiency Of The Aircraft. 

Conducting aerial data collection with the Aircraft, instead of manned aircraft, will greatly benefit the 

public by drastically reducing the levels of air and noise pollution generated during traditional aerial data 

collection flight operations. By using battery power and electric motors, the Aircraft produce no air 

pollution, and is the most viable environmentally conscious alternative to the fixed or rotary wing that 

are typically utilized for aerial data collection, while burning approximately 20-30 gallons 20 per hour of 

leaded aviation fuel. The Aircraft, while reducing the carbon footprint of aerial acquisitions, also 

eliminates noise pollution, as the UAS are propelled by battery powered electric motors, rather than an 

internal combustion engine. 

By using the Aircraft to perform aerial data collection, the substantial risk to life and property in the air 

and on the ground, which is usually associated with traditional manned aircraft flight operations, will be 

substantially reduced or completely eliminated. Aside from the lack of flight crew members located 

onboard the aircraft, the Aircraft has less physical potential for collateral damage to life and property on 

the ground, and in the air, compared to the manned aircraft that typically conduct similar operations.

There Are No Privacy Issues.

Similar to the manned aerial data collection flight operations that have been conducted for decades, 

SwUAV proposed operation of the Aircraft will not implicate any privacy issues. Specifically, the Aircraft 

will be operated only in compliance with operating documents (i.e., the UAS Checklist, Safe Operations 

Guidelines and Maintenance Logs) which requires consent for the area of operation as well as local law 

enforcement notification, and in accordance with the Federal Aviation Regulations, including the 

minimum altitude requirements of 14 C.F.R. § 91.119. 

The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least 

Equal To That Provided By The Rule From Which SwUAV Seeks 

Exemption. 

Reasons Why The Aircraft Meet The Conditions Of The FAA Modernization and Reform Act of 2012 

(FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, SwUAV operation of the Aircraft meet the conditions of FMRA Section 333, 

and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 
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Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or 

otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection 

(a), the Secretary shall determine, at a minimum--

(1) Which types of unmanned aircraft systems, if any, as a result of their size, weight, 

speed, operational capability, proximity to airports and populated areas, and operation 

within visual line of sight do not create a hazard to users of the national airspace system 

or the public or pose a threat to national security; and 

(2) Whether a certificate of waiver, certificate of authorization, or airworthiness 

certification under section 44704 of title 49, United States Code, is required for the 

operation of unmanned aircraft systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary 

shall establish requirements for the safe operation of such aircraft systems in the national 

airspace system. 

In seeking this exemption, SwUAV submits that the Aircraft can operate safely in the NAS pursuant to 

FMRA Section 333, as demonstrated by: (a) the characteristics of the Aircraft; (b) the pilot certification 

requirement; and (c) the specific operating limitations. 

a. Characteristics of the Aircraft. 

The Aircraft does not create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security considering its size, weight, speed, and operational capability. 

i. The technical specifications of the Aircraft 

(these are set forth in the Background section of this document). 

ii. The Aircraft Autonomous Flight And Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

The Aircraft may be operated in manual, stabilized and fully autonomous flight modes. 

In all flight modes, a GeoFence (GPS defined perimeter) is established outside the area 

of operation. If the Aircraft encounters the GeoFence it will pause, retreat or execute 

the RTL procedure returning to a predetermined landing point depending on the failsafe 

action configured. 
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iii. The Aircraft Are Designed For Automatic Return To Landing point In The Event Of 

Loss Of The Control Link Or Navigation. 

If the Aircraft detects a loss of the Control Link for a predetermined time (seconds), the 

Aircraft will execute a RTL procedure. 

iv. The Aircraft GCS And Its Operation. 

Mission Planner is a ground control station for Aircraft. Mission Planner can be used as a 

configuration utility or as a dynamic control supplement for autonomous Aircraft. 

Capabilities of Mission Planner include: 

 Load the firmware (the software) into the autopilot that controls the Aircraft.

 Setup, configure, and tune Aircraft for optimum performance.

 Plan, save and load autonomous missions into you autopilot with simple point-andclick way-point entry on Google or other maps.

 Download and analyze mission logs created by your autopilot.

 Interface with a PC flight simulator to create a full hardware-in-the-loop UAV 

simulator.

 With telemetry data you can: 

o Monitor your vehicle’s status while in operation.

o Record telemetry logs which contain much more information the on-board 

autopilot logs.

o View and analyze the telemetry logs.

o Operate your vehicle in FPV (first person view)

b. Flight Operations of Aircraft Are Limited to Line Of Sight of a Certificated Pilot in Command 

with A Safety Observer. 

SwUAV will only utilize certificated pilots who possess a current and valid airman medical 

certificate to act as a pilot in command (PIC) of the Aircraft. Additionally, a safety observer will 

assist all pilots during flight time. And the Safe Operation Guide (Exhibit B), will be followed at 

all-times ensuring the safety of all involved. 

c. Flights Of Aircraft Will Be Conducted Pursuant To Specific Operating Limitations. 

In seeking this exemption, proposes to commercially operate Aircraft for the special purpose of 

conducting aerial data collection over certain areas of the United States, pursuant to the 

following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the following 

aircraft described in the operating documents, UAS weighing less than 55 pounds 
16 | P a g e

maximum gross weight. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant. 

2. UAS operations under this exemption will be limited to conducting operations for the 

purpose of aerial data collection. 

3. The UAS may not be flown at an indicated airspeed exceeding 40 knots. 

4. The UA must be operated at an altitude of no more than 500 feet above ground level 

(AGL), as indicated by the procedures specified in the operating documents unless a 

special request is made and approved by ATC. All altitudes reported to ATC must be in 

feet AGL. 

5. The UAS 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 FAA-issued airman medical certificate. 

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the 

VLOS requirement as long as the PIC always maintains VLOS capability. The SO and PIC 

must be able to communicate verbally at all times. Electronic messaging or texting is not 

permitted during flight operations. The PIC must be designated before the flight and 

cannot transfer his or her designation for the duration of the flight. The PIC must ensure 

that the SO can perform the functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and 

avoiding other air traffic and other ground based obstacles/obstructions and is not 

permitted to operate instruments on the Aircraft. 

9. The operating documents and the grant of exemption must be accessible during UAS 

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

exists between the conditions and limitations contained in the grant of exemption and 

the procedures outlined in the operating documents, the conditions and limitations 

contained in the grant of exemption take precedence and must be followed. Otherwise, 

the operator must follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents. 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 to the grant of exemption. If the 

operator determines that any update or revision would affect the basis upon which the 

FAA granted the exemption, then the operator must petition for amendment to its grant 

of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that 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 
17 | P a g e

performed and the UAS is found to be in a condition for safe flight. The Ground Control 

Station must be included in the preflight inspection. All maintenance and alterations 

must be properly documented in the aircraft records. 

11. 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. The PIC who conducts the functional test flight must 

make an entry in the aircraft records. 

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

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

operating documents. 

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

maintenance, overhaul, replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, inspection, 

alterations, and status of replacement/overhaul component parts must be noted in the 

aircraft records, including total time in service, description of work accomplished, and 

the signature of the authorized person returning the UAS to service. 

15. Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

16. The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

17. The PIC must possess at least a private pilot certificate and at least a current thirdclass medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from persons, 

vessels, vehicles and structures. PIC qualification flight hours must be logged in a 

manner consistent with 14 C.F.R. § 61.51(b). Flights for the purpose of training the 

operator’s PICs are permitted under the terms of the exemption. However, training 

operations may only be conducted during dedicated training sessions. 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 C.F.R. § 91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 19.1. All 

operations must be conducted under visual meteorological conditions (VMC). If flight at 

night is required, a special request will be made at the FAA office closest to proposed 

area of operations. Flights under special visual flight rules (SVFR) are not authorized. 
18 | P a g e

20. The UA may not operate within 5 nautical miles of an airport reference point 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. 

21. 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. 

22. If the UA loses communications or loses its GPS signal, it must return to a predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies 

in accordance with the operating documents. 

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under the grant 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. All operations shall be conducted in accordance with airspace requirements 

in the ATO issued COA including class of airspace, altitude level and potential 

transponder requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial 

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

large as practicable. 

27. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA m24ust comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to 

the PIC at the Ground Control Station of the UAS any time the UAS is operating. These 

documents must be made available to the administrator or any law enforcement official 

upon request. 

29. SwUAV abides and enforces the safety checklist to as exhibited in section A to 

ensure that we provide safety for everyone in and near to the site. 

30. The UA must remain clear and yield the right of way to all manned aviation 

operations and activities at all times. 
19 | P a g e

31. The UAS may not be operated by the PIC from any moving device or vehicle. 

32. Flight operations must be conducted at least 400 feet from all nonparticipating 

persons (persons other than the PIC, SO, operator trainees or essential persons), 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator 

must ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and are 

within 500 feet of the UA, flight operations must cease immediately and/or; 

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

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

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

those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a). 

33. All operations shall be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight 

to be conducted. 

34. 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. 

Reasons Why an Exemption from the Requirements of Section 61.113(a) and (b) Would Not 

Adversely Affect Safety. 

SwUAV submits that the equivalent level of safety established by Section 61.113(a) and (b) will 

be maintained because no PIC will be allowed to operate the Aircraft unless that PIC has 

demonstrated, by meeting minimum flight- hour and currency requirements, that the PIC is able 

to safely operate the Aircraft in a manner consistent with the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

Considering SwUAV proposed area of operations, and the operating limitations set forth-above; 

the parallel nature of private pilot aeronautical knowledge requirements to those of commercial 

pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely 

operate the Aircraft, SwUAV submits that the additional manned airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills necessary for SwUAV 

specific proposed flight operations. 
20 | P a g e

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11158, 11159, 11160, 11161). 

SwUAV will not allow any PIC to operate the Aircraft unless that PIC has demonstrated, by 

meeting minimum flight-hour requirements or the Aircraft training and currency requirements, 

that the PIC is able to safely operate the Aircraft in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 

61.51(b), 25 hours of total time as a UAS pilot (with a minimum of 5 hours of those hours as a 

UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during SwUAV proposed operations. The Administrator has held that prior documented flight 

experience that was obtained in compliance with applicable regulations would ensure safe 

operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the 

purpose of motion picture filming (or similar operations), the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 25 hours of total 

time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations under the exemption. For clarification, the 

FAA considers these minimum hour requirements to be inclusive rather than additive; 

i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time 

and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In 

addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in 

the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the 

flight-hour requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed 

operations. The FAA also finds that prior documented flight experience that was 

obtained in compliance with applicable regulations would satisfy this requirement. 

Training, proficiency, and experience-building flights can also be conducted under the 

grant of exemption to accomplish the required flight time. During training, proficiency, 

and experience-building flights the PIC is required to operate the UA with appropriate 

distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. 

Accordingly, SwUAV will ensure safe operations by not allowing any PIC to operate the Aircraft

unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, 

that the PIC is able to safely operate the Aircraft in a manner consistent with the exemption, 
21 | P a g e

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

Reasons Why an Exemption from the Requirements of Section 91.7(a) Would Not Adversely 

Affect Safety. 

SwUAV requires a tight set of rules that follow best practices and FAA requirements and 

guidelines (Exhibit A and B).

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, plus SwUAV also requires the Safe Operations Guidelines (Exhibit B) that ensures 

that the Aircraft is in an airworthy condition based upon the UAS’s compliance with its operating 

documents and as stated in the conditions and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 

11153, 11156, 11157, 11158, 11159, 11160, 11161).

Reasons Why an Exemption from the Requirements of Section 91.121 Would Not Adversely 

Affect Safety. 

As outlined in Exhibit B, SwUAV fly’s only under a very set rules. We believe these rules include 

and go beyond current FAA guidelines. Therefore, the equivalent level of safety established by 

Section 91.121 will be maintained because the altitude information of the Aircraft will be 

provided to the PIC via GPS equipment and a radio communications telemetry data link, which 

downlinks from the UA to the GCS for active monitoring of the flight path and altitude. This 

altitude information, combined with SwUAV’s operation of the Aircraft within visual line of sight, 

at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude 

information will be generated by GPS equipment installed onboard the aircraft. Prior to each 

flight, a zero altitude initiation point is automatically established by the UASs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

Reasons Why an Exemption from the Requirements of Section 91.151(b) Would Not Adversely 

Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the Aircraft; (2) the limitations 

on the proposed flight operations; and (3) the location of the proposed flight operations. 

Accordingly, SwUAV will ensure that it will safely operate the battery powered Aircraft during 

daylight hours in VFR conditions, with enough battery power Maximum total 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 25% of full capacity.
22 | P a g e

Here, as in Exemption No. 11109, the technical specifications of the Aircraft; the limitations on 

the proposed flight operations; and the location of the proposed operations, will ensure an 

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be 

ensured as the Aircraft provide audible and visual warnings to the PIC at the GCS when the UAS 

experiences low battery voltage. At the critically low battery level, the Aircraft will abort the 

mission and return to mission origination point automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of 

the UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156,11157, 11158, 11159, 11160, 11161). 

Reasons Why An Exemption from The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, SwUAV submits that the equivalent level of safety with regard to the 

regulatory maintenance and alteration requirements established by Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because SwUAV will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the operating documents. 

Furthermore, SwUAV will document and maintain all maintenance records for the Aircraft. 

Since the Aircraft will be inspected as prescribed by the operating documents, SwUAV will 

maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 

91.409(a)(2). 

Likewise, the exemption sought will not adversely affect safety because SwUAV will use trained 

technicians to perform maintenance, alterations or preventive maintenance on the UAS using 

the methods, techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the Aircraft will be 

performed by trained technicians. Maintenance will be documented and maintained utilizing 

the maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely 

affected when the technical characteristics and operating limitations of the UAS are considered. 

In consideration of SwUAV proposed operating limitations, the operating documents, and the 

technical aspects of the Aircraft, SwUAV submits that safety will not be adversely affected by 

granting exemption from 91.409(a)(1) & (a)(2), 91.409(a)(2), and 91.417(a) and (b). C.F.R. 

Sections 91.405(a), 91.407(a)(1) 
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The FAA has previously granted relief specific to UAS in circumstances similar, in all material 

respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 

11160, 11161). 

The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 

14 C.F.R. § 21.16 entitled Special Conditions, SwUAV requests that the FAA prescribe special 

conditions for the intended operation of the Aircraft, which contain such safety standards that 

the Administrator finds necessary 

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 

14 C.F.R §§ 61.113(a) & (b), 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). Such special conditions will permit safe operation of the UAS for the 

limited purpose of conducting aerial data collection over certain areas of the United States for 

compensation or hire. FMRA Section 333 sets forth the requirements for considering whether a 

UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national 

security; and further, provides the authority for such UAS to operate without airworthiness 

certification in accordance with any requirements that must be established for the safe 

operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 33 C.F.R. § 21.16, 

for operation of the Aircraft, since the airworthiness regulations of 14 C.F.R. Part 21 do not 

contain adequate or appropriate safety standards, due to the novel or unusual design features 

of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or 

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to 

that established in the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe 

special conditions for Leading Edge’s intended operation of the Aircraft, which contain such 

safety standards that the Administrator finds necessary to establish a level of safety equivalent 

to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 

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). 

A Summary That Can Be Published in the Federal Register, stating: The Rules from Which SwUAV 

Seeks Exemption: 

SouthwestUAV seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

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). 
24 | P a g e

A Brief Description Of The Nature Of The Exemption SwUAV Seeks: 

This exemption will permit SwUAV to commercially operate an Unmanned Aircraft System (UAS) 

for the purpose of conducting aerial data collection over certain areas of the United States. 

Any Additional Information, Views, or Arguments Available To Support SwUAV Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, 

which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. 

As such, SwUAV request for exemption may be granted pursuant to the authority of FMRA Section 333 

and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to 

users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the 

authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, SwUAV will operate the Aircraft safely in the NAS, without creating a 

hazard to users of the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, SwUAV seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA 

Modernization and Reform Act of2012 (FMRA), which will permit safe operation of the Aircraft

commercially, without an airworthiness certificate, for the limited purpose of conducting aerial data 

collection in areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling 

the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also advancing the 

interests of the public, by allowing SwUAV to safely, efficiently, and economically operate the Aircraft 

commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization and 

Reform Act of2012, Section 333, SwUAV respectfully requests that the Administrator grant this Petition 

for an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(l) & (a)(2), and 91.417(a) & (b), and permit SwUAV to operate the 

Aircraft commercially for the purpose of conducting aerial data collection over certain areas of the 

United States. 

Dated: August 29, 2015

Carl Kubitz

SouthwestUAV LLC

8203 E Del Capitan Drive

Scottsdale, Arizona 85258

Carl.Kubitz@SouthwestUAV.com
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APPENDIX

EXHIBIT A - UAS Checklist

 

EXHIBIT B – Safe Operation Guidelines

 

EXHIBIT C – Maintenance Log

Example – Battery Log