May 22, 2015

Exemption No. 11677

Regulatory Docket No. FAA–2015–0701

Mr. Stephen Keen

geoResource Technologies, Inc.

41 Cameron Avenue

Cambridge, MA 02140

Dear Mr. Keen:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated March 19, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of geoResource Technologies, Inc. (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct aerial mapping, survey, and inspection of buildings.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI S1000.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, geoResource Technologies, Inc. is granted an 

exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 

91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to perform 

aerial data collection. This exemption is subject to the conditions and limitations listed 

below.

Conditions and Limitations

In this grant of exemption, geoResource Technologies, Inc. is hereafter referred to as 

the operator.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI S1000 when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. 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 FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. 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; 

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 VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations 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 operating documents, 

the conditions and limitations herein 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 or any law enforcement official upon request. The 
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operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an 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.

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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

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

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

Government. 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this 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 CFR § 91.119.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

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

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

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least 5 minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

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.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1 U.S. Department of Transportation

19th March, 2015

Stephen Keen

geoResource Technologies, Inc.

41 Cameron Avenue

Cambridge, MA 02140

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from: 

14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 

91.103; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203 (a) and (b); 14 CFR 

91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 91.409 (a)(1) and (2); 14 CFR 91.417(a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 CFR Part 

11, Stephen Keen, DBA ‘geoResource Technologies, Inc.’ operator of Unmanned Aircraft Systems (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of 

designated UAS, provided such operations are conducted within and under the conditions outlined herein or as may 

be established by the FAA as required by Section 333. Thank you in advance for your consideration.

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors, would

provide professional services in the following areas:

1. Aerial Mapping and Survey. This service involves flying a project area in a series of parallel flight-paths, 

utilizing a downward-facing camera taking photographs at a pre-designated interval to create a mosaic of 

photographs that cover the project area. The platform includes both a navigational GPS and a locational 

GPS to geo-reference the photographs. These photographs are processed to create an orthophotography 

and also a 3-D surface of the ground.

2. Inspection of buildings. This service involves using a camera to create video of a building structure which 

is both relayed to a video-operator on the ground and stored for later playback. The video operator is a 

separate individual from the Pilot in Command (PIC) and the Visual Observer (VO) if required.
2 U.S. Department of Transportation

19th March, 2015

As described fully below, the requested exemption would permit the operation of designated UAS as set forth in this 

document under controlled conditions in the NAS that would be operated with safety as the primary concern. 

Approval of this exemption would provide services by a safety-focused operation that would reduce the risk 

associated with manned solutions, in both flight and other methods of inspection.

The name and address of the applicant is:

Stephen Keen

geoResource Technologies, Inc.

41 Cameron Avenue

Cambridge, MA 02140

Stephen.Keen@geoResourceTechnologies.com

(617) 583-3735

Regulations from which the exemption is requested:

14 CFR Part 21 subpart H

14 CFR 45.23 (b)

14 CFR 61.113 (a) & (b)

14 CFR 91.7 (a)

14 CFR 91.9 (b) (2)

14 CFR 91.103

14 CFR 91.109

14 CFR 91.119 (c)

14 CFR 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (2)

14 CFR 91.417 (a) & (b)

Stephen Keen dba ‘geoResouce Technologies, Inc’ will operate a DJI S1000 sUAS in connection with this 

exemption application: 
3 U.S. Department of Transportation

19th March, 2015

DJI S1000, with a total weight of less than 20 lbs. This system is manufactured by DJI and professionally 

assembled by Troy Built Models. This platform has been extensively tested and has a proven safe flight history. The 

system comprises a frame with 8 motors, a DJI A2 flight controller, a DJI iOSD (onscreen telemetry display), a DJI 

Datalink and associated DJI Ground Control software, a Zenmuse 3-axis gimbal (with controller), and a Sony NEX7 camera. The sUAS is flown by the PIC using a 2.4 GHz Futaba T14SG radio, with the camera operated by a 

Camera Operator (CO) with an additional Futaba T14SG radio as to keep the two operations completely separate. 

Flights are carried out at less than 10 knots and at approximately 150 feet above the ground surface. The platform 

has a sophisticated flight control system that enables the operator to locate the sUAV on a ground control system in 

addition to being continually being in visual line-of-sight and has safety systems to warn and manage low batteryvoltage situations. The S1000 will be flown under a comprehensive set of operational standard procedures focused 

on the safe operation of the platform to minimize risk. The S1000 has a LED lighting system to communicate key 

elements of operational status at all times, in addition to the on-screen display showing flight parameters relevant to 

the safe operation of the sUAS.

PUBLIC GOOD

Given the small size of the UAS in scope and the controlled environment provided, the proposed operations will 

adhere to the Reform Act’s safety requirements. The approval of this application presents no national security 

issues. Regarding the level of safety surrounding the proposed operations and the public benefit, reduction in

environmental impacts, including but not limited to reduced emissions and noise, the grant of the requested

exemption is in the public interest. Once of the primary benefits of sUAS operation is the removal of the 

requirement to having a human put in a potentially hazardous situation – this could be individuals on mannedaircraft (although the risk is minimal) or individuals on apparatus to gain an elevated view of a structure. 

Accordingly, the applicant graciously requests that the FAA grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft. These limitations and 

conditions to which the applicant agrees to adhere to when conducting commercial operations under the FAA issued 

exemption as set forth in the Flight Operations Manual (FOM) include:

1. All operation will be carried out with strict adherence to the standard operating procedures outlined on the 

operating manual (and generally achieved with the use of checklists) and associated documents pertaining 

to:

a) Review of the system to ensure all hardware and software is operating within defined parameters

b) List of all required components to safely operate the system
4 U.S. Department of Transportation

19th March, 2015

c) Set-up parameters

d) Pre-flight checklist

e) Takeoff checklist

f) Landing checklist

g) Emergency procedures

h) System maintenance and service schedules

2. The UAS will weigh less than 20 lbs.

3. The UAS, will operate at 20 knots or less and generally be flying at 10 knots.

4. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer (VO).

5. Maximum flight time for each operational flight will be approximately 18 minutes, depending on 

conditions, and will operate under a strict battery management regime that alerts the operator to end flight 

at a determined battery voltage (first alert) and will autonomously ‘return home’ if a second determined 

battery voltage is reached (or radio control is lost).

6. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and missions 

will generally be at approximately 150 feet above ground level.

7. Minimum crew for each operation will consist of the UAS Pilot in Command (PIC) and at least one Visual 

Observer (VO), and may include a third, but separate, Camera Operator (CO).

8. The UAS pilot will be a designated Pilot in Command (PIC) and will hold a Private Pilot Certificate with a 

Third Class Medical Certificate and at least 20 hours of logged UAS flight time. The PIC and the VO, as 

well as the CO if assigned, will have completed a one day safety training pertaining to the flight and safe 

operation of the DJI S1000.

9. A safety briefing will be performed prior to each day’s flights consisting of all the days’ production 

activities.

10. The applicant will also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization prior to conducting operation(s) in the NAS.

11. All flight activities will be logged.

12. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

13. The flights will occur in Class G airspace no closer than a 5-mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport.

14. If operations will be within a 5-mile radius of the geographic center/Airport Reference Point (ARP) of a 

tower controlled or uncontrolled airport the respective airports will be contacted advising them of the 

estimated flight time, flight duration, elevation of flight and other pertinent information.

15. The operator will obtain verbal/written consent of all persons involved with the planned operation and 

ensure that only consenting persons will be allowed within 100 feet of the flight operation, and the radius 

may be reduced to 30 feet based upon an equivalent level of safety determination, as U.S. Department of 

Transportation required under the FOM. With the advanced permission of the FSDO, operations at closer 

range may be approved.
5 U.S. Department of Transportation

19th March, 2015

16. The PIC and VO will have been trained in operation of UAS and receive up-to-date information for the 

particular UAS to be operated.

17. The PIC and VO will be able to communicate by voice and/or radio at all times.

18. Written and/or verbal permission and permits will be obtained from territorial, state, county or city

jurisdictions, including law enforcement, fire or other appropriate governmental agencies as appropriate to 

flight operations.

19. If the UAS loses communications with the remote controller or loses GPS signal, the UAS will have the 

capability to return to a pre-determined location within a designated location and land autonomously.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles (aircraft in vicinity, 

persons entering perimeter, etc.), weather, or emergencies such as low battery.

In pursuit of this petition the following exemptions are requested:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

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

airworthiness certificates as required by FAR §91.203 (a) (1). 

Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

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

Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, weight, 

speed, operational capability, and proximity to airports and populated areas of the particular UAS. In all cases, an

analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed 

wing or rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no 

explosive materials or flammable liquid fuels, and operates exclusively within a secured and designated area. Unlike 

other civil aircraft, operations under this exemption will be tightly controlled and monitored by both the operator 

and under the requirements and in compliance with local public safety requirements. These safety enhancements 

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

airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. 

Lastly, application of these same criteria demonstrates that there is no credible threat to national security posed by 

the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and inability to carry a substantial external load.
6 U.S. Department of Transportation

19th March, 2015

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

The regulation requires: When marks include only the Roman capital letter "N" and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, 

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not 

less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or

"provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS will have no 

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

UAS, two-inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in compliance 

with §45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by §45.29 (f) 

where the pilot, observer and others working with the UAS will see the identification of the UAS as “Experimental.”

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in command 

of an aircraft that is carrying passengers or property for compensation or hire. 

The proposed UAS operations may achieve an equivalent level of safety as achieved by current Regulations because 

the applicant’s UAS do not carry any pilots or passengers nor property. The risks attendant to the operation of UAS 

is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS will 

be, or be under the direct supervision of, a FAA Certificated Private Pilot with current Third Class or higher medical 

certificate. It is believed that the operation and limitations set forth in the FOM will equate to the safe operation of 

the UAS.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA

regulatory standard will exist for determining airworthiness. Given the size of the aircraft for maintenance and use 

of safety checklists prior to each flight, an equivalent level of safety will be provided.
7 U.S. Department of Transportation

19th March, 2015

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an Airplane or 

Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current 

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

combination thereof. 

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an item on the 

aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground control point 

where the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

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

As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The 

PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to 

reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before 

initiation of flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being used 

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

UAS and remotely piloted aircraft, 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. The 

FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and 

for flight instruction in experimental aircraft. The equivalent level of safety is provided by the fact that neither a

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

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be 

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route 

or altitudes prescribed for helicopters by the FAA. 
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19th March, 2015

As this exemption is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 

400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL with the 

exception that in circumstances where the UAS is used to survey or photograph a structure whose height exceeds 

400 feet AGL, the UAS will not be operated more than 200 feet above the highest point on the structure. It will 

however be operated in a restricted area with security perimeter, where buildings and people will not be exposed to

operations without their pre-obtained consent.

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

where it is operated. No flight will be taken without the permission of the property owner or local officials. Because 

of the advance notice to the property owner and participants in the filming activity, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting far more 

than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations 

is far less than those presently presented with conventional aircraft operating at or below 500 AGL. In addition, the 

low-altitude operations of the UAS will ensure separation between these UAS operations and the operations of 

conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

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

that is set “...to the elevation of the departure airport or an appropriate altimeter setting available before departure.” 

As the UAS may not have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety check list and live 

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

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless

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

and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to 

fly after that for at least 45 minutes.”

The applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. 

Operating the UAS in a tightly controlled area where only people and property owners or official representatives 

who have signed waivers will be allowed does not engender the type of risks that Section 91.151(a) was intended to 
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19th March, 2015

alleviate given the size and speed of the small UAS. The applicant believes that an equivalent level of safety can be 

achieved by limiting flights to 30 minutes or 25% of battery power — whichever happens first. This restriction 

would be more than adequate to return the UAS to its planned landing zone from anywhere in its limited operating 

area.

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

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is

legible to passengers or crew.

The UAS fully loaded weighs well under the proposed 55-lb limit and is operated without an onboard pilot. As such, 

there is no ability or place to carry certification and registration documents or to display them on the UAS. An 

equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot 

flying the UAS will have immediate access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in 

subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the 

aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not 

apply to the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in size and will 

carry a small payload and operate only in restricted areas for a limited period of time.

If mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 feet AGL. 

The operator will ensure that the UAS is in working order prior to initiating flight, perform required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.
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19th March, 2015

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance 

with the UAS Manufacturer's User Manual and Operators Pilot OPeratingHandbook. As provided in the FOM, the 

operator will ensure that the UAS is in working order prior to initiating flight and perform required maintenance 

needed.

Additional Information:

The applicant believes this exemption request and associated safety considerations adequately satisfy criteria 

provided in Section 333 of the Reform Act of 2012, providing sufficient justification for the granting of commercial 

operations of the applicant’s UAS. The application has 20+ years’ experience in geospatial technologies and the 

implementation of similar projects without sUAS technology and is familiar with following procedures outlined in 

operations manuals and health and safety plans. The applicant has spent the last 12 months familiarizing himself 

with the potential of safely implementing sUAS technology in a commercial environment to provide services that 

provide benefit to society by increasing efficiency while reducing risk.

Sincerely,

Stephen Keen, dba ‘geoResource Technologies, Inc.’