UASolutions Group, Inc.

2518 Auburn Drive, Cocoa FL 32926

Tel: (321) 261-2547

Kellyneubecker@uasolutionsgroup.com

January 21, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, DC 20590 

Re: Summary Grant Petition for an Exemption to Conduct Small Unmanned Aircraft 

Systems (sUAS) Operations Allowed by Section 333 of the Federal Aviation Administration 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11

A. Summary

On behalf of our client, Bay State Milling Company and pursuant to Section 333 of the 

Federal Aviation Administration (FAA) Modernization and Reform Act of 2012 (“FMRA”), 

Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, Bay State Milling Company

(hereafter known as the “Petitioner”), an operator of Small Unmanned Aircraft Systems 

(“sUAS”) equipped to conduct full service photography and videography seeks exemption from the 

following listed Code of Federal Regulations (“CFR”) to allow commercial operation of the 

previously approved Leptron Avenger, rebranded as VersaTOL V-10E within the National 

Airspace System (NAS) for controlled, low-risk, precision agriculture operations, over certain 

areas of the United States, conducted within and under the conditions outlined herein, or as may 

be established by the FAA, as required by Section 333 requirements. 

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

the Leptron Avenger, rebranded as VersaTOL V-10E sUAS by Petitioner under controlled 

conditions in predetermined airspace that is 1) Limited in scope 2) Controlled as to access by 

mission essential personnel only. Approval of this exemption would thereby enhance safety and 

fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to 
2

“...establish requirements for the safe operation of such aircraft systems in the national airspace 

system” as stated within Section 333(c) of the FMRA. In making this determination, the 

Secretary is required to determine which types of sUAS do not create a hazard to users of the 

NAS or the public or pose a threat to national security in light of the aircraft’s size, weight, speed 

and operational capability; Operation of the sUAS in close proximity to airports and population 

centers; Operation of a sUAS within visual line of sight of the operator.

Grant of the requested exemption is in the public interest based upon the concise 

direction expressed within section 333 of the reform act; the added authority granted by the Act, 

as amended; an equivalent level of safety regarding flight operations as expressed herein, and 

significant cost savings achieved by transitioning from traditional manned aerial resources to 

sUASs. The petitioner respectfully requests that the FAA grant the requested exemption without 

delay. Petitioner will operate the Leptron Avenger, rebranded as VersaTOL V-10E sUAS while 

keeping the documents required by the regulations at the ground control station and immediately 

accessible to the Pilot in Command (PIC) and by modification of the required markings

(registration number) of the sUAS to be displayed on the fuselage of the unmanned aircraft.

The name and address of the Petitioner is:

Bay State Milling Company 

The primary contact for this petition, with a copy to me at the address above is:

Michael Pate

Bay State Milling Company

100 Congress Street

Quincy, Massachusetts 02169-0948 

B. Regulations – Exemptions Requested

a. 14 C.F.R. 45.27(a), 

b. 14 C.F.R. 61.113(a) and (b), 

c. 14 C.F.R. 91.7(a), 

d. 14 C.F.R. 91.105, 

e. 14 C.F.R. 91.119(c)

f. 14 C.F.R. 91.121, 

g. 14 C.F.R. 91.151(b), 

h. 14 C.F.R. 91.405(a), 

i. 14 C.F.R. 91.407(a)(1), 

j. 14 C.F.R. 91.409(a)(1) and (2), and 
3

k. 14 C.F.R. 91.417(a) and (b). 

C. Background

Since 1899, Bay State Milling Company has provided exceptional quality flour and grain 

products, to promote the growth of healthful and affordable food choices for the consumer. The 

Petitioner has the operational infrastructure to provide low-risk, precision agriculture operations, 

in different geographical locations throughout the Unites States in a safe, convenient, and legal 

manner. 

The sUASs for the purposes of this petition is the Leptron Avenger, rebranded as 

VersaTOL V-10E. The Leptron Avenger, rebranded as VersaTOL V-10E both meet the 

requirements for determination of Summary Grant for exemption as each platform has been 

previously approved by the FAA in numerous other Petitions. All pertinent operational and 

maintenance manuals have been previously submitted and reviewed by the FAA for each of the

requested platforms.

Petitioner will operate only within visual line of sight (VLOS) and during daylight hours 

in Visual Flight Rules (VFR) conditions. Additionally, Petitioner will operate only within the 

parameters defined in the blanket Certificate of Authorization (COA) issued by the FAA under 

the new interim policy. In the event any Bay State Milling Company operation exceeds the 200

foot limitation imposed by the policy, a separate COA specific to the airspace required for that 

operation will be obtained prior to flight operations. Such requirements will insure that the 

sUAS will “not create a hazard to users of the national airspace system or the “public” as stated 

in Section 333 of the FMRA. 

D. Airworthiness 

A critical element of consideration for grant of the petition is evidence of an equivalent 

level of safety for airworthiness of the sUAS. The FAA has been authorized to exempt aircraft 

from the requirement for an actual airworthiness certificate in accordance with the statutory 

criteria provided in Section 333 of PL 112-95 in reference to 49 USC 44704, in consideration of 

the size, weight, speed, and limited operating area associated with the aircraft and its operation. , 

Also, in accordance with FAA N 8900.291, Petitioner has an established inspection and 

maintenance program for the continued airworthiness of the aircraft in accordance with the 

manufacture’s maintenance, overhaul, replacement, inspection, and life limit requirements for 

the aircraft and aircraft components.
4

Aerial Cartographics of America, Inc’s standard operating procedures are detailed within 

the Flight Operation Limitations and Safety section on page 7. 

E. Leptron Avenger, rebranded as VersaTOL V-10E Professional Operational 

Capabilities

Petitioner seeks an exemption to operate the Leptron Avenger, rebranded as VersaTOL 

V-10E for limited approved commercial purposes within the NAS1. The Leptron Avenger, 

rebranded as VersaTOL V-10E is a multi-rotor sUAS aircraft comprised of a VTOL UA and a 

transportable GCS. The Leptron Avenger, rebranded as VersaTOL V-10E does not carry any 

flammable propellant or fuel. The sUAS also has an integrated GPS system that calculates the 

UAS's position and height and relays that information via a secure connection to the operator. 

Additionally, the Leptron Avenger, rebranded as VersaTOL V-10E, has the capability to 

operate safely after experiencing certain in-flight contingencies or failures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of 

GPS or a lost- link event with pre-coordinated automated flight maneuvers. 

F. Regulatory Basis for Petition

Petitioner, pursuant to 14 C.F.R. §§ 11.61(b), 11.81, 2and the FAA Modernization and

Reform Act of 2012 (“FMRA”), Section 333, Special Rules for Certain Unmanned Aircraft

Systems (“Section 333”), hereby respectfully petitions the Administrator for an exemption from

the requirements of 14 C.F.R. §§, 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 

91.151 (b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 333 

Congress identifies Section 333 of the FMRA, as a pathway for “expedited operational 

authorization” of certain sUAS in the NAS. Section 333 (b)(1) (“expedited operational 

authorization.”).

3

 Under Section 333 Congress mandates that the FAA “shall determine if certain 

 

1 Bay State Milling Company will submit Aircraft Registration Applications as required, upon the 

grant of the exemptions sought by this petition.

2 14 C.F.R. § 11.61(b) (“Using a petition for exemption, you may ask FAA to grant you relief from 

current regulations in 14 C.F.R.”), 14 C.F.R. § 11.81 (“What information must I include in my 

petition for an exemption”)?

3 See also www.faa.gov/sUAS/legislative_programs/section_333/ (noting that Section 333 grants 

the FAA “the statutory flexibility to expedite requirements for the safe operation of certain aircraft

systems in the NAS.”).
5

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” (Section 333(a)) upon consideration of its “size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line of sight.” 

Section 333(b)(1). If the FAA makes such a determination, the FAA “shall [also] establish 

requirements for the safe operation.” Section 333(c). The FAA further may find that the sUAS does 

not require “airworthiness certification under section 44704 of title 49, United States Code.” Section 

333(b)(2).

2. 49 U.S.C. § 44701

The FAA is further authorized to grant exemptions from its safety regulations and 

minimum standards under 49 U.S.C. § 44701 (“Section 44701”) “if the Administrator finds 

the exemption is in the public interest.” Section 44701(f)4(authorizing the grant of 

exemptions from safety regulations and minimum standards under Section 44701(a) and (b) and 

Sections 44702-44716).5

For the reasons addressed herein, this Petition qualifies for expedited approval of 

Petitioner’s request for exemption under both Section 333 of the FMRA and 49 U.S.C § 44701.

G. Leptron Avenger, rebranded as VersaTOL V-10E Statutory Criteria for Exemption 

under Section 333

Given its small size, light weight, slow speed, limited load capacity, superior 

operational capabilities, and that the operations will be conducted only during the day, under 

visual meteorological conditions (“VMC”), within VLOS of the PIC, with the assistance of a 

visual safety observer (“VO”), and confined within the boundaries of a consenting landowner’s 

property and not in the proximity of airports or populated areas, the Leptron Avenger, 

rebranded as VersaTOL V-10E is the very category of sUAS that qualifies for expedited 

approval under Section 333.

 

4 Under 49 U.S.C. § 44701(f), the “Administrator may grant an exemption from a requirement

of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of [Title 49] if the Administrator finds the exemption is in the public interest.”

5 See e.g. 49 USC §44711(a)(1) prohibiting operations without airworthiness certificate; (2) 

prohibiting serving as airman without airman’s certificate; (5) prohibiting commercial operations in 

violation of regulations); 49 USC §44704 (issuance of airworthiness certificate); 14 C.F.R. §91.203

(a)(1) (carry airworthiness certificate)).
6

1. Proximity to Airports/Population Centers or Areas

Flight operations pursuant to this Petition will be tightly controlled and restricted to

low risk areas and in accordance with the blanket 200-foot COA requirements at an altitude of no 

more than 200 feet above ground level (AGL). In the event a Bay State Milling Company 

operation is required to exceed the 200-foot limitation imposed by the policy, a separate COA 

specific to the airspace required for that operation will be obtained prior to operations at an 

altitude of no more than 400 feet AGL. All altitudes reported to ATC will be in AGL when 

required and any operations conducted within 5 nautical miles (NM) of the geographic center of 

a non-towered airport will obtain a Letter of Agreement with the appropriate airport management 

and made available to FAA upon request. In addition, access to any property will be limited to 

persons associated with and necessary to flight operations.

2. Visual Line-of-Sight

The minimum crew for each operation will consist of a PIC and VO. The VO will be 

used as an additional mitigation to satisfy the VLOS requirement, but the PIC will always 

maintain VLOS with the sUAS. The Leptron Avenger, rebranded as VersaTOL V-10E will at 

all times be flown by Petitioner only in the daytime (not at night) under VMC, within VLOS of 

the PIC, with the further assistance of the VO with whom the PIC will have the ability for

direct and continuous two-way verbal communications

6

so as to ensure that the flight 

operations remain within the PIC’s VLOS and prescribed flight boundaries and de-conflict

with objects in the air and on the ground. Thus, pursuant to the FAA Order 8900.1 Volume 16, 

Chapter 1, Section 3, the proposed operations will provide an approved method of control and 

collision avoidance to satisfy the “see and avoid” requirement of 14 C.F.R. § 91.113:

Only qualified and current PIC’s and VOs will be used.

3. Other Factors

a. Leptron Avenger, rebranded as VersaTOL V-10E Safety Systems 

Petitioner proposes that requirements should take into account the characteristics of these 

particular sUASs. The Leptron Avenger, rebranded as VersaTOL V-10E is characterized by a 

high degree of pre-programmed control, various built-in technical capabilities that limit the 

 

6 PIC and VO are within speaking distance and all communications between PIC and VO will be 

without communications equipment
7

potential for operation outside of the operating conditions as set forth below, and many built-in 

functional, safety and redundancy features to ensure a safe and reliable operation. At a 

minimum: geo-fencing at a maximum ceiling of 200’or 400' AGL, flight programming 

capabilities, a flight termination link available to the operator to prevent a "fly away," and safe 

abort procedures. If the Leptron Avenger, rebranded as VersaTOL V-10E loses communications 

or its GPS signal, it will return to a pre-determined location and land or be recovered in 

accordance with the User’s Manual. The Leptron Avenger, rebranded as VersaTOL V-10E will 

have markings identifying the serial number and identification (N-number) markings as large as 

practicable. Further, Bay State Milling Company operations will comply with all manufacturer 

Safety Bulletins. 

b. Safety Management System

A Safety Management System (SMS) approach will regulate Petitioner’s operation of 

the Leptron Avenger, rebranded as VersaTOL V-10E and will significantly contribute to

maintaining the level of safety contemplated by the airworthiness certificate requirements from

which Petitioner now seeks relief.

Pursuant to the SMS and 14 C.F.R. § 43.13, entitled Performance Rules (general), each 

person performing maintenance, alteration, or preventive maintenance on the Leptron Avenger, 

rebranded as VersaTOL V-10E , motor, propeller, or appliance shall use the methods,

techniques, and practices prescribed in the current manufacturer's User’s Manual or Instructions

for Continued Airworthiness prepared by its manufacturer, or other methods, techniques, and

practices acceptable to the Administrator. Each person shall use the tools and equipment

necessary to assure completion of the work in accordance with accepted industry practices.

c. Flight Operation Limitations and Safety

In seeking this exemption, Petitioner proposes to operate the Leptron Avenger, rebranded 

as VersaTOL V-10E pursuant to the following specific operating limitations: 

1. The Leptron Avenger, rebranded as VersaTOL V-10E weighs less than 55 

pounds, fully loaded.

2. The Leptron Avenger, rebranded as VersaTOL V-10E shall only be operated

at or below 200 ft. AGL, unless a separate COA specific to the airspace required for 

that operation is obtained prior to operations at an altitude of no more than 400 feet 

AGL.

3. The Leptron Avenger, rebranded as VersaTOL V-10E shall be operated within
8

VLOS of the PIC and safety VO.

4. The radio frequencies used for operations and control of the UAS (2.4GHz) will 

comply with the Federal Communications Commission ("FCC") or other 

appropriate government oversight agency requirements.

5. The Leptron Avenger, rebranded as VersaTOL V-10E shall be operated pursuant to

Day Visual Flight Rules (VFR) in visual meteorological conditions (VMC). The

Leptron Avenger, rebranded as VersaTOL V-10E shall be operated only during

daylight hours (i.e. between the end of morning civil twilight and the beginning of 

evening civil twilight, as published in the American Air Almanac, converted to

local time).

6. The Leptron Avenger, rebranded as VersaTOL V-10E shall operate from on-site

takeoff/landing locations directly next to the PIC and co-located VO. The PIC and 

the VO shall be able to verbally communicate during all operations. 

7. Operations shall be conducted by certificated airmen who possess either a 

commercial, private, recreational, or sport pilot certificate.

8. The PIC will be a FAA licensed airman and will hold a current airman medical 

certificate or valid U.S. driver’s license issued by a state, the District of Colombia, 

Puerto Rico, a territory, a possession, or the Federal government. The PIC will 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. 

9. The PIC shall have successfully completed the training and qualification processin 

accordance with Leptron Avenger, rebranded as VersaTOL V-10E Pilot Training 

Guide. PIC qualification flight hours and currency will be logged in a manner consistent 

with 14 CFR § 61.51(b). Training operations will only be conducted during dedicated 

training sessions. 

10. A minimum of three take-offs and three landings in the preceding 90 days will 

be required by the PIC to maintain currency, such log of which shall be made 

available to the Administrator upon request.

11. All operations will utilize a VO. The UA will be operated within the 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 will be able

to communicate verbally at all times; electronic messaging or texting is not 
9

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

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

ensure that the VO can perform the duties required of the VO.

12. The UA will 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.

13. If a pilot certificate holder other than the PIC, who possesses the necessary PIC 

qualifications, is also present during flight operations, that person can also be 

designated as PIC and will follow the necessary procedures to assume control.

14. A briefing will be conducted in regard to the planned operations prior to each 

flight. It will be mandatory that all personnel who are performing duties within 

the boundaries of the flight operations safety perimeter be present for the 

briefing.

15. Petitioner will obtain an Air Traffic Organization (ATO) issued COA prior to 

conducting any actual flight operations. Bay State Milling Company will only 

operate within the guidelines of the blanket 200-foot COA under the FAA’s 

interim policy. For flights above 200 feet AGL, Bay State Milling Company

will operate in a confined geographic area as defined by a separate approved 

ATO issued COA.

16. Petitioner will file a NOTAM for each flight at least 24 hours in advance of each 

flight with the appropriate FSDO.

17. Any operations that will be conducted within 5 nautical miles (NM) of the 

geographic center of a non-towered airport will obtain a Letter of Agreement 

with the appropriate airport management and made available to FAA upon 

request.

18. Prior to flight operations, Petitioner shall coordinate 1 hour ahead of the proposed 

flight a communication with the nearest local Air Traffic Control facility 

indicating location, altitude and duration of the proposed flight.

19. All required permissions and permits will be obtained from territorial, state, 

county or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies at least 12 hours in advance of any flight 
10

operation.

20. The Leptron Avenger, rebranded as VersaTOL V-10E shall be marked with an 

identification (N-Number) in accordance with 14 C.F.R. § 45.23, such markings to 

be as large as practicable pursuant to 14 C.F.R. § 45.29(f), and identified by a 

serial number registered in accordance with 14 C.F.R. Part 47.

21. All flights will remain clear and yield the right of way to all other manned 

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

vehicles, parachute activities, parasailing activities, hang gliders, etc.

22. Flights will 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.

23. The Leptron Avenger, rebranded as VersaTOL V-10E shall be operated at an 

airspeed not to exceed 50 knots.

24. Any time the Leptron Avenger, rebranded as VersaTOL V-10E is operating, all 

documents required under 14 C.F.R. § 91.9 and § 91.203 shall be available to 

the PIC at the GCS. Such documents shall be made available to the 

Administrator or any law enforcement official upon request. 

25. The Leptron Avenger, rebranded as VersaTOL V-10E shall not be operated 

directly over any person, except authorized and consenting personnel required 

for flight/imaging operations, 

26. The radio frequency spectrum used for operation and control of the Leptron 

Avenger, rebranded as VersaTOL V-10E shall comply with the requirements of 

Leptron Avenger, rebranded as VersaTOL V-10E manuals. The Leptron Avenger, 

rebranded as VersaTOL V-10E shall at all times be operated to ensure a safe 

distance away from all participating and non-participating personnel, at least 500 

feet away from persons not involved in the flight operations (non-participating 

persons) unless: 

 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 
11

within 500 feet of the UA, flight operations must cease immediately in a 

manner ensuring the safety of nonparticipating persons.

 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.

27. The flight will be terminated at 20% battery power reserve. 

28. Prior to each flight, the PIC shall inspect the Leptron Avenger, rebranded as 

VersaTOL V-10E, including any inoperable components, items or equipment, to 

ensure it is in an airworthy condition for safe flight. If the inspection reveals a 

condition that affects flight readiness or safe operations, the Leptron Avenger, 

rebranded as VersaTOL V-10E shall not be operated until the necessary 

maintenance has been performed and it is found to be in a condition for safe 

flight. Any discrepancies and all maintenance or alterations shall be 

documented in the aircraft records, such records to be made available to the 

Administrator upon request.

29. Except as may be designated otherwise for Fail-Safe operations, the Leptron 

Avenger, rebranded as VersaTOL V-10E shall take off and land at a location

within the boundaries of the subject property next to the PIC.

30. Upon loss of communication or GPS signal, the Leptron Avenger, rebranded as 

VersaTOL V-10E shall return to a predetermined location within the boundaries 

of the landowner’s property and land or be recovered in accordance with the 

User’s Manual. 

31. In the event of an emergency or unanticipated obstacle to planned operations, 

the operation shall be aborted and the Leptron Avenger, rebranded as VersaTOL 

V-10E, if airborne, shall return to a predetermined location.

32. The Leptron Avenger, rebranded as VersaTOL V-10E shall be maintained in

accordance with the manufacturer’s maintenance, overhaul, replacement, 

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

and in accordance with FAA N 8900.291. 

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

permission from the property owner/controller or authorized representative. 
12

Permission from property 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 shall be 

reported to the FAA’s UAS Integration Office within 24 hours. Accidents shall 

also be reported to the National Transportation Safety Board (NTSB). Further 

flight operations shall not be conducted until the incident, accident or 

transgression is reviewed by the UAS Integration Office and authorization to 

resume operations is provided.

d. Privacy 

All Bay State Milling Company sUAS operations will be conducted in accordance 

with applicable Federal, State, and local laws regarding privacy. All operations shall be 

conducted over private or controlled-access property with permission from the land/building 

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

authorized representative will be obtained for each flight to be conducted. 

e. Physical Security

In order to ensure its safe and proper use, Petitioner will be the only operator of the 

Leptron Avenger, rebranded as VersaTOL V-10E and the Leptron Avenger, rebranded as 

VersaTOL V-10E will at all times remain in Petitioner’s custody.

4. .Lack of Threat to the NAS, Public, or National Security 

For the reasons previously addressed, including meeting Section 333(b)(1) criteria, 

Petitioner’s record of safety and the small size of the sUAS involved and the controlled sterile 

area within which they will operate, Petitioner falls squarely within that zone of safety (an 

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

allow commercial operations of sUASs to commence immediately. Petitioner will operate the 

Leptron Avenger, rebranded as VersaTOL V-10E in accordance with the aforementioned flight 

limitations without creating a hazard to other aircraft or persons or property on the ground. The 

fact that each PIC will be required to be screened by the Department of Homeland Security, approval of 

the petition presents no threat to national security. Further, given its small size and limit load 

capacity, the Leptron Avenger, rebranded as VersaTOL V-10E sUAS is incapable of carrying 

any substantial external load, including explosive materials or flammable liquids. 
13

For all of these reasons, Petitioner’s proposed operations using the Leptron Avenger, 

rebranded as VersaTOL V-10E qualify for expedited approval of the sought exemption pursuant to 

Section 333 for the specified uses and under the proposed operating requirements and 

restrictions.

H. Public Interest Benefits 

Granting Petitioner’s request for exemption would benefit the public and have no 

adverse effect on safety for the following reasons. 

1. Public Interest Generally

The grant of the requested exemption is in the public interest based on the clear direction 

in Section 333 and 49 U.S.C. § 44701(f), the equivalent and enhanced level of safety of the

proposed operations, the significant public benefit, and cost savings to be realized as a result of 

the use of sUAS for product demonstration and training services. Moreover, the FAA has 

previously granted identical exemptions for sUAS.

7 The Leptron Avenger, rebranded as 

VersaTOL V-10E is battery powered sUASs that serves as a safer, more efficient, and 

economical alternative to larger and heavier manned aircraft carrying flammable liquid fuels,

traditionally use for aerial photography or aerial surveying. This will provide for an added 

superior level of safety to persons and property in the air and on the ground than that provided by 

manned aircraft performing the same operations. No pilot or crew need be airborne and granting 

the exemption would also decrease the number of manned aircraft in the NAS and, as a result, 

reduce congestion as well as the environmental impact of such operations. Using the Leptron 

Avenger, rebranded as VersaTOL V-10E also provides the benefit of greater operational flexibility

and reduced cost when compared to manned aircraft.

a. Increased Aircrew Safety and Reduced Risk to Persons/Property on Ground

Because the Leptron Avenger, rebranded as VersaTOL V-10E is unmanned, the proposed 

operations eliminate the risk to pilot and crew associated with flying such aerial-surveying missions 

in confined airspace at low altitude. Further, given its small size and weight and low airspeed, using 

the Leptron Avenger, rebranded as VersaTOL V-10E also reduces the risk of damage or injury to 

persons or property on the ground, and in the air, were there to be an unforeseen mishap. 

b. Reduced Environmental Impact

 

7 Bay State Milling Company requests that the FAA not solicit public comment on its petition 

because it would not set any new precedent and because the relief requested is identical to 

exemptions granted previously. 14 C.F.R. § 11.87.
14

Using the Leptron Avenger, rebranded as VersaTOL V-10E sUAS instead of manned aircraft 

also benefits the public by eliminating or greatly reducing air and noise pollution associated with

traditional aerial imaging operations. Because it is battery powered and uses electric motors, the 

Leptron Avenger, rebranded as VersaTOL V-10E sUAS consumes no fuel, generates no air 

pollution, and creates very little noise. As a result, the public is benefited as a result of reduced 

environmental impact, reduced operator and other human exposure, and greater fuel 

conservation, which serves additionally to support our Government’s specific efforts to reduce the 

U.S.’s carbon footprint.8

c. Fewer Manned Aircraft in the NAS and Reduced Need for ATC Handling

The Leptron Avenger, rebranded as VersaTOL V-10E also does not require a runway or 

helipad to takeoff or land and will not be operated within the close proximity of any airports

without prior FAA approval. As such, fewer aircraft will need to be handled by air traffic control

during ground, takeoff, departure, arrival, and landing phases. Operations pursuant to this 

Petition will further reduce the number of manned aircraft flying or transiting at or above 500’ 

AGL to and from the areas of imaging operations as well as congestion around airports due to 

aircraft arrival and departure.

d. Superior Aerial Imagery and Increased Benefit to U.S. Economy

Better aerial footage can also be obtained using the small and nimble Leptron Avenger, 

rebranded as VersaTOL V-10E than can be obtained using manned aircraft or other ground-based 

methods. Due to its small size and superior flight performance characteristics, the Leptron Avenger, 

rebranded as VersaTOL V-10E allows for images to be taken from certain locations and angles and 

with better precision than using manned aircraft. As a result, less time is needed in the air to obtain 

the desired footage, which in addition to providing the benefit of fewer aircraft in the NAS and 

associated reduced risk to objects and persons and property in the air and on the ground, reduced

noise, etc., allows for the production of surveys, which benefits consumers. This additionally ensures 

that companies such as Bay State Milling Company and its customers remain competitive and

profitable, thereby providing their employees greater job stability, which ultimately contributes

further to the U.S. economy through increased consumer spending. 

e. Increased Operational Flexibility and Reduced Cost

Using the Leptron Avenger, rebranded as VersaTOL V-10E also provides the benefit of

 

8 Reducing the U.S.’s carbon footprint is a high priority and consistent with the U.S. Environmental

Protection Agency’s regulatory efforts to phase out the use of fossil fuels. 
15

greater operational flexibility and reduced cost when compared to manned aircraft. Instead of each 

time having to hire a manned aircraft at thousands of dollars/hour, subject to the pilot’s schedule 

and availability, Petitioner can operate the Leptron Avenger, rebranded as VersaTOL V-10E , 

which it has purchased and outfitted at lower combined cost, innumerable times and at the 

convenience of Petitioner’s and its customer’s schedules.

2. No Adverse Safety Effects

Granting this Petition will also not adversely affect aviation safety or pose any undue 

risks to the public. The operations pursuant to this Petition will be in accordance with approved 

processes and checklists and in compliance with all applicable FAA safety policies and 

guidance. Accordingly, and as detailed herein, granting the requested exemption would not 

adversely affect safety. Indeed, as detailed below, operations pursuant to the limitations and 

guidelines addressed herein and the safety procedures, Petitioner will provide an equivalent 

level of safety to those regulations from which Petitioner seeks exemption. The FAA has also 

recently set precedence by granting exemptions with similar precision agricultural operations 

in all material respects, to those presented herein. For these reasons, Petitioner’s operations 

pursuant to this Petition also qualify for an exemption. 

I. Exemptions Sought By Petitioner and Reasons for the Requested Relief

Pursuant to Section 333, Petitioner seeks an exemption from the requirements of 14 

C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 91.121, 91.151(b), 91.405(a), 

91.407(a)(1) and (2), 91.409(a)(1) and (2), 91.417(a) and (b).

1. Section 45.27(a). Location of marks; non fixed-wing aircraft.

Section 45.27, entitled Location of marks; nonfixed-wing aircraft, subsection (a) states 

(emphasis added):

(a) Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23.

To the extent subsection 45.27(a) may be deemed to apply to the Leptron Avenger, 

rebranded as VersaTOL V-10E sUAS, Petitioner seeks an exemption from the subsection (i.e.,

that the marks be displayed on both surfaces of the cabin, fuselage, boom, or tail) because the

Leptron Avenger, rebranded as VersaTOL V-10E sUAS is of insufficient size to accommodate 

any such marking. Thus marking the Leptron Avenger, rebranded as VersaTOL V-10E sUAS as 

required by this subsection would not be possible.
16

An equivalent level of safety can be provided instead by marking the Leptron Avenger, 

rebranded as VersaTOL V-10E sUAS, as may be applicable, with lettering as large as practicable 

(14 C.F.R. § 45.29(f)) on its largest available surface so as to permit such marking to be 

displayed to pilot, crew, and others.

2. Section 61.113(a) and (b). Private pilot privileges and limitations: Pilot in 

command.

Petitioner seeks an exemption from 14 C.F.R. 61.113(a) and (b). Section 61.113, entitled

Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) state 

(emphasis added):

(a) Except as provided in paragraphs (b) through (h) of this section, no person who 

holds a private pilot certificate may act as pilot in command of an aircraft that is 

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

for compensation or hire, act as pilot in command of an aircraft.

(b) A private pilot may, for compensation or hire, act as pilot in command 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.

In general, subsections 61.113 (a) and (b) prohibit a private pilot from conducting 

commercial operations. Petitioner seeks exemption from the subsections because the Leptron

Avenger, rebranded as VersaTOL V-10E will not carry a pilot, passengers or property (other 

than a camera). As addressed, the Leptron Avenger, rebranded as VersaTOL V-10E is a very 

light, remotely controlled sUAS with no persons or property on board. Each flight is planned

and fully coordinated in advance. Thus the risk associated with the proposed operations is so

diminished from that associated with commercial operations contemplated by Part 61, that

allowing a PI C having a private pilot certificate, rather than a commercial certificate, met the

minimum flight hour and qualification criteria, and operating according to the limitations and 

guidelines provided herein, provides a level of safety that exceeds that provided by a pilot

having a commercial certificate operating a conventional aircraft as required under the 

regulations.

The FAA has already set precedence by previously granted exemptions in circumstances

similar, in all material respects, to those presented herein. 
17

3. Section 91.7(a). Civil Aircraft Airworthiness.

Either finding that Petitioner meets the Section 333 criteria or exemption from the 

airworthiness certification requirement under 14 C.F.R. Part 21 renders subsection 91.7(a) 

inapplicable. 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a) states (emphasis added):

“No person may operate a civil aircraft unless it is in an airworthy condition.” There is no FAA 

standard by which such a determination of airworthiness can be made. Nonetheless, given the

limitations and procedures, as contained herein, the Safety Procedures contained within the 

Operator’s Manual and the Maintenance Manual, for maintaining the aircraft and checking it 

before each flight to ensure that it is in peak operational condition, an equivalent level of safety

will be provided.

4. Section 91.105. Flight crewmembers at stations.

Petitioner seeks an exemption from 14 C.F.R. 91.105. Section 91.105, entitled Flight 

crewmembers at stations, states (emphasis added):

(a) During takeoff and landing, and while en route, each required flight 

crewmember shall—

(1) Be at the crewmember station unless the absence is necessary to 

perform duties in connection with the operation of the aircraft or in 

connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, 

during takeoff and landing, keep his or her shoulder harness fastened while at his 

or her assigned duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder 

harness; or,

(2) The crewmember would be unable to perform required duties with the 

shoulder harness fastened.

In general, Section 91.105 requires pilot and crew to be at their duty stations and 

harnessed during flight. Petitioner seeks exemption from the Section 91.105 because the Leptron 

Avenger, rebranded as VersaTOL V-10E sUAS is by definition an unmanned aircraft, having 

neither pilot nor crew so as to be stationed or harnessed as required by the regulation. An 
18

equivalent or even higher level of safety can be provided instead by using an unmanned aircraft 

controlled by a PIC who at all times is located at and controls the Leptron Avenger, rebranded as 

VersaTOL V-10E from the GCS. 

5. Section 91.119(c). Minimum safe altitudes.

Petitioner seeks an exemption from 14 C.F.R. 91.119(c). Section 91.119, entitled Minimum 

safe altitudes: General, subsection (d) states (emphasis added):

Except when necessary for takeoff or landing, no person may operate an aircraft 

below the following altitudes:

(c) Over other than congested areas. An altitude of 500 feet above the surface, 

except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or 

structure.

Section 91.119(c) establishes safe altitudes for operation of civil aircraft over other than 

congested areas. Petitioner seeks exemption from subsection 91.119(c) because, pursuant to this 

Petition, the Leptron Avenger, rebranded as VersaTOL V-10E sUAS will at times be operated

either at or below 200 or 400 feet AGL.

An equivalent or even higher level of safety can be provided instead by, as provided 

herein, operating so as to de-conflict with manned vehicles operating above 500 feet AGL, within

the VLOS of the PIC with the assistance of a VO so as to ensure the safety of and de-confliction 

with any persons or property in the air and on the ground, including participating and nonparticipating personnel, 100 feet and 500 feet, respectively, away from who the UA would 

generally be restricted. Further the Leptron Avenger, rebranded as VersaTOL V-10E sUAS

flight operations will be monitored at all times by both the PIC and VO and will be in

compliance with local public safety requirements, so as to prevent access to the restricted areas

of operation. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein.

6. Section 91.121. Altimeter settings.

Petitioner seeks an exemption from 14 C.F.R. 91.121. Section 91.121, entitled Altimeter 

settings, 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 
19

setting available before departure.” Petitioner seeks exemption from Section 91.121 because the 

Leptron Avenger, rebranded as VersaTOL V-10E sUAS does not use or have on board a typical 

barometric altimeter as contemplated by the regulation. 

Note: An equivalent level of safety will be provided instead, by operating the sUAS at 

or below 400 feet AGL, within the VLOS of the PIC (with the assistance of a VO), with altitude 

information downlinked from the Leptron Avenger, rebranded as VersaTOL V-10E to the PIC 

to maintain altitude and ensure safety. Prior to each flight, a zero altitude/AGL will be 

established at the launch site, as confirmed for accuracy by the PIC. 

7. Section 91.151(b). Fuel requirements for flight in VFR conditions.

Petitioner seeks an exemption from 14 C.F.R. 91.151(b). Section 91.151(b), entitled Fuel 

requirements for flight in VFR conditions, states (emphasis added):

(b) No person may begin a flight in a rotorcraft 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.

The Leptron Avenger, rebranded as VersaTOL V-10E is an unmanned aircraft, and thus 

would not begin a flight with a person in it as the regulation contemplates. To the extent the 

regulation applies to the Leptron Avenger, rebranded as VersaTOL V-10E, the Leptron Avenger, 

rebranded as VersaTOL V-10E has a maximum flight duration of 25 minutes, depending upon 

atmospheric conditions and type of camera or sensor. 

An equivalent level of safety can be achieved by terminating the flight at 20% battery 

power reserve. Given that the Leptron Avenger, rebranded as VersaTOL V-10E will be operated 

within the VLOS of the PIC, within the confines of the particular landowner’s property with prior 

written consent of the landowner and participating and non-participating personnel, this 

restriction would provide more than enough battery reserve to accommodate a safe return to the 

landing zone from anywhere in the operating area with no adverse effect on the safety of 

persons and property in the air or on the ground. 

The FAA has set precedence by previously granted exemptions in circumstances similar,

in all material respects, to those presented herein. 

8. Sections 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a) and (b). Maintenance 

inspections and recording.
20

Section 91.405(a), entitled Maintenance required, states:

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;

Section 91.407(a)(1), entitled Operation after maintenance, preventive maintenance, rebuilding, 

or alteration, states:

(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;

Section 91.409 (a)(2), entitled Inspections, states:

(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.

No inspection performed under paragraph (b) of this section may be substituted 

for any inspection required by this paragraph unless it is performed by a person 

authorized to perform annual inspections and is entered as an “annual” inspection 

in the required maintenance records.

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

(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—
21

(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

(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.
22

(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.

In general, these regulations require that an airworthy certificated aircraft be inspected as

prescribed in 14 C.F.R. Part 91, Subpart E (Maintenance, Preventive Maintenance, and 

Alterations), any discrepancies be repaired and the aircraft be approved for return to service as

prescribed in Part 43 (Maintenance, Preventive Maintenance, Rebuilding, and Alterations) and 

that any work on the aircraft be recorded and such records maintained. 

Petitioner seeks an exemption because, as addressed, the Leptron Avenger, rebranded as 

VersaTOL V-10E sUAS will operate pursuant to this Petition without airworthiness 

certification. An equivalent level of safety can be provided instead by requiring, as provided 

herein, that inspections and maintenance be accomplished according to the inspection, 

maintenance, and preflight sections IAW the manufacturer’s guidance in the Leptron Avenger, 

rebranded as VersaTOL V-10E User’s Manual. Among other things, the Leptron Avenger, 

rebranded as VersaTOL V-10E will be inspected prior to each flight to confirm that it is in good 

working order. Any maintenance or repairs will be perform and logged, and, upon any work 

being performed on the Leptron Avenger, rebranded as VersaTOLV-10E, it will be checked and 

approved for flight by personnel before being returned to service. 

The FAA has already set precedence by previously granted exemptions in circumstances 

similar, in all material respects, including airframe types, to those presented herein. 

J. Conclusion

As set forth in the document above, the following summary is provided for publication 

in the Federal Register. Petitioner seeks an exemption pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012, 49 U.S.C. § 44701(f), and 14 C.F.R. Part 11 to permit 

safe operation of the Leptron Avenger, rebranded as VersaTOL V-10E sUAS commercially, for 

the purposes of low-risk, precision agriculture operations. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of Section 333 of the FAA 

Modernization and Reform Act of 2012 to expedite approval of operations of certain sUAS in 

the NAS, while also advancing the interests of the public.

WHEREFORE, in accordance with the Title 49 of the United States Code, the Code of 

Federal Regulations, and the FAA Modernization and Reform Act of 2012, Section 333, 
23

Petitioner respectfully requests that the Administrator grant this Petition for an exemption from 

the requirements of 14 C.F.R. §§ 45.27(a), 61.113(a) and (b), 91.7(a), 91.105, 91.119(c), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (b), and 91.417(a) and (b).

cc: Michael Pate