U.S. Department ofTransportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Filed with www.regulations.gov 

October 15, 2014 

Re: Petition for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Madam, Sir, 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"), 

P .L. 112-95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R. Part 11, 

Roger W. Meyer PLS (Professional Land Surveyor), d.b.a. Montana Land Surveys ("MLS") 

providing land surveying services in Eastern Montana and North Dakota, seeks an exemption 

from the Federal Aviation Regulations ("F ARs") and listed below: 

14 C.F.R. Part 21 

14 C.F.R. 45.23 

14 C.F.R. 45.29 

14 C.F.R. 61.23 

14 C.F.R. 61.3 

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 61.133(a) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9 

14 C.F.R. 91.109(a) 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.151(a) 

14 C.F.R. 91.203 

14 CFR Subpart E (91.401 - 91.417) 

Summarized for purposes of Federal Register publication: 

Applicant seeks an exemption from the following rules: 

. 14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.23, 14 C.F.R. 61.3, 14 C.F.R. 

, 1.113(a) & (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 14 

C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151 (a), 14 C.F.R. 91.203, 14 CFR Subpart E 

(91.401- 91.417) 

to operate commercially a small unmanned vehicle (55lbs or less) augmenting its land surveying 

operations. 

Contact information for the Applicant is: 

Roger W. Meyer PLS, d.b.a. Montana Land Surveys 
Mailing Address: PO Box 176 

Physical Address: 22 N. Main 

Lambert, Montana 59243 

Phone:406-774-3390 

Email: surveyor@midrivers.com 

The requested exemption would authorize Montana Land Surveys to perform commercial 

operations that would enhance its existing Surveying and Mapping services, including but not 

limited to imaging for Precision Agriculture applications, Digital Terrain Modeling, 

Infrastructure reconnaissance and inventory with GIS applications for Private, Local, State and 

Federal entities, Riparian Boundaries of State and Federal owned lands associated with 

navigable rivers, all of which have become of major importance in the area due to the economic 

impacts of a Bakken oil exploration and production in North Dakota and Montana. 

These services will be augmented by use of either or all of the following: 

The eBee, a fixed wing UA V manufactured by SenseFly, A Parrot Company 

("SenseFly") 

The U:X:5, a fixed wing UA V manufactured by Trimble Navigation Limited ("Trimble") 

The requested exemption would authorize commercial operations using these UAVs for land 

survey applications. These operations will be subject to strict operating and conditions defined 

by the UAV manufacturer's standards and procedures in order to ensure at least an equivalent 

level of safety to currently authorized operations using manned aircrafts. 

Upon receipt of the exemption contemplated herein, MLS shall, if required, obtain a Certificate 

of Waiver or Authorization (COA) form the FAA Air Traffic Organization prior to conducting 

operation(s) in the NAS. 

Further, the professional services to be augmented by the uses contemplated herein are, by law, 

performed under the supervision of a Registered Land Surveyor whom, by virtue of his or her 

experience and licensing, technical knowledge of GPS, plane geometry, trigonometry and 

spherical geometry along with a full understanding of the rights of all owners of property both 

above and below its limits, inherently and uniquely make MLS a particularly well suited entity 

for the safe and efficient commercial use ofUAVs. In fact, certain aspects of the contemplated 

services using UA V s are regulated by State Law and Regulation promulgating the licensing of 

land surveyors. 

By this petition, MLS seeks an exemption that will authorize it to use the eBee or U:X:5 for 

commercial purposes provided its operators comply with any terms and conditions of 

the F AAs anticipated grant of exemption, including the procedures and requirements set forth in 

the respective manufacturer's user manuals. MLS requests the FAA treat the eBee user manual 

and the Trimble user manual, as proprietary under 14 C .F .R. 11.3 5 (b) and not include such 

documents in the public docket. These manuals are, by reference, incorporated herein and are 

part of existing Petitions for Exemption under Section 333 of the FAA Reform Act and Part 11 

ofthe Federal Aviation Regulations, identified as follows: 
• Docket ID:FAA-2014-0367 

• Petition of: Trimble Navigation Limited for an exemption from portions of 14 C.P.R. Part 21; 

• Document Type: Other 

• Document Subtype: Petition(s) 

• Status: Posted 

• Received Date: May 30, 2014 

AND 

• Docket ID:FAA-2014-0727 

• Petition of: SenseFly, LTD for an exemption from portions of 14 C.F .R. Part 21; 

• Document Type: Other 

• Document Subtype: Petition(s) 

• Status: Posted 

• Received Date: May 30, 2014 

Under the requested exemption, MLS as operator of the eBee and the UX5 will ensure that the 

aircraft will be operated, under the direct supervision of a Registered Professional Land Surveyor 

and by an individual who has completed the UAV manufacturer's training program for operation 

of the UAS. 

1. CHARACTERISTICS OF THE AIRCRAFT 

Both the eBee and the UX5 are a small and ultra-light platform that perform precision aerial 

mapping missions using onboard GPS and related proprietary flight management software that 

allows the operator to plan safely and efficiently a mission in 3D, and then monitor it in realtime. An embedded camera, protected by a foam envelope, takes a collection of high-definition 

still images that are used later to generate photographs, maps and contour lines of the surveyed 

area. 

The four main characteristics ofthe UAVs are: 

a. Very light weight 

The vehicles are so light enough that the operator can launch it by hand and let it land on almost 

any surface without requiring a parachute or landing net (belly land). Their low kinetic energy 

also significantly reduces the risk of hazardous situations. Finally, wings are detachable and 

made of flexible foam with no sharp or hard edges and almost no internal strengthening 

structure. 
b. Electric-powered 

The UAVs are is electric-powered. A brushless engine technology makes it silent and reliable. 

The propeller can easily flex away in case of contact with any object. 

c. Semi-automatic flight 

The artificial intelligence incorporated within the UAVs autopilot system continuously analyzes 

data from the Inertial Measurement Unit and from the onboard GPS and takes care of all the 

aspects of the flight under the supervision of the operator. 

d. Option for Manual control 

Additionally, the UAVs provide an override capability that allows the operator to take manually 

initiate autonomous actions during the flight such as "return home", "land" or, "hold and resume 

the mission". The operator can also suspend automated operations and take manual control of the 

aircraft should it become necessary to respond emergency circumstances, thanks to the remote 

controller provided with the system. 

2. APPLICATIONS AND ADDED VALUE OF THE UAVs 

Mapping applications may include agricultural applications, mining, construction and 

survey/GIS operations. There are many operational benefits related to the use of this solution: 

a. The UA V s bring safety to daily survey operations: there is no need for the humans to 

access dangerous working areas anymore (mines, quarries, or polluted sites). The missions can 

be programmed and reproduced reliably as often as needed for regularly updated maps. 

b. The UA V s are a cost-effective solution. It is cheaper to operate a UAS rather than an 

aircraft or other ground systems for the same results. Moreover, small UAS like the eBee and the 

UX5 can help Ag businesses and farmers face the growing needs of the population while 

reducing operational costs. These UAVs also enable the ability to take up new challenges -like 

water or environmental management through analysis of vegetation index maps. 

c. Users can save time and work more efficiently by using a UAV. A mission does not need a 

long preparation time or long deployment constraints, or long waiting time for perfect weather 

conditions unlike, for example, the use of satellites. Initial results are accessible directly on-site, 

which is impossible with images provided by satellites or manned aircrafts. 

d. Lastly, but possibly most importantly, is the efficiency aspects of these systems in the 

development, production and maintenance of the infrastructure related to the national energy 

issues that are being played out in the extraction of tight oil reserves in various parts of the 

United States. MLSs area of service includes the Bakken Reserve in North Dakota and Montana 

which is situate in some of the most rural parts of the Country where design/build services 

desperately needing the services suggested herein are rare or sometimes non-existent. The ability 
ofUAVs to remotely gather information for use in the proper and efficient planning, design, 

construction and maintenance of the infrastructure being required by the Bakken will help the 

social, economic and safety of the current residents along with the huge influx of workers and 

their families. 

3. APPLICABLE LEGAL STANDARD UNDER SECTION 333 

a. Airworthiness assessment 

SenseFly has demonstrated their respective airworthiness through many and varied national 

international projects, involving state/federal agencies or universities (among others the New 

Mexico State University: https:/ /newscenter.nmsu.edu/ Articles/view II 0208/nmsu-uas-flighttestcenter-conducts-ebee-airworthiness-assessment, and the US Army Corps of Engineers 

("USACE") New Orleans, who coordinated with the Department of Army and the FAA to obtain 

all authorizations required in order to operate the eBee UAS). Moreover, SenseFly has obtained 

flight approvals for the eBee from the national civil aviation authority in many countries, 

including: 

Switzerland (flight approval for Visual Line of Sight "VLOS" operations) 

Canada (flight approval for VLOS operations) 

Australia (flight approval for VLOS operations) 

France (flight approval for Extended-VLOS operations) 

Germany (flight approval for VLOS operations) 

United Kingdom (flight approval for VLOS operations) 

Norway (flight approval for VLOS operations) 

Sweden (flight approval for VLOS operations) 

- . Denmark (flight approval for VLOS operations) 

Trimble believes that it has shown compliance with the requirements of Order 8130.34C, 

Airworthiness Certification of Unmanned Aircraft Systems and Optionally Piloted Aircraft, in its 

pending SAC application for the UX5. The criteria set forth in the Order specify the substantive 

showings of the device's safety and fitness for operation to ensure that the FAA has sufficient 

basis to evaluate the aircraft's safety.6 Trimble submits that completion ofthe SAC process for 

the UX5 provides assurance of the public safety for the aircraft type, given the prior review by 

the FAA under Part 21 for the predecessor model, the X -100, in connection with the issuance of 

a SAC for the X-100 

b. Operating Conditions 

Grant of the exemption to MLS will be subject to the following operating conditions, The 

operator proposed the following conditions and/or limitations, which were accepted by 

theFAA.2 
1. The UA will weigh less than 55 lbs. Operations will be limited to the SenseFly eBee and 

the Trimble UX5. Proposed operations of any other aircraft will require an amendment to 

the grant of exemption contemplated herein. 

2. Flights will be operated within visual line of sight (VLOS) of a Pilot in Command (PIC) 

and/or Visual Observer (VO). 

3. Maximum total flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 minute limit. 

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

5. The UAS will only operate within a confined, preprogrammed survey area. 

6. A briefing will be conducted in regard to the planned UAS operations prior to each day's 

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

within the boundaries of the safety perimeter be present for this briefing. 

7. Pilot and observer will have been trained in operation ofUAS generally and received upto-date information on the particular UAS to be operated as required in the respective the 

Manuals. The operator's manual will be maintained and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations of an exemption and the procedures outlined in the operator's manual, the 

conditions and limitations herein take precedence and must be followed. Otherwise, the 

operator must follow the procedures as outlined in its operator's manual. The operator 

may update or revise its operator's manual. It is the operator's responsibility to track such 

revisions and present updated and revised documents to the Administrator upon request. 

The operator must also present updated and revised documents if it petitions for 

extension or amendment. If the operator determines that any update or revision would 

affect the basis for which the FAA granted this exemption, then the operator must 

petition for amendment to their exemption. The FAA's UAS Integration Office (AFS-80) 

may be contacted if questions arise regarding updates or revisions to the operator's 

manual. 

8. PIC and VO will at all times be able to communicate by voice and/or text. 

9. Written and/or oral permission from the relevant property holders will be obtained. 
10. 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. 

11. Ifthe UAS looses communications or looses its GPS signal, the UAS will have capability 

to return to a pre-determined location within the Survey Area and land. 

12. The UAS will have the capability to abort a flight in case ofunpredicted obstacles or 

emergencies. 

13. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the 

aircraft is prohibited from operating until the necessary maintenance has been performed 

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

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

must be properly documented in the aircraft records. 

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

flight characteristics, e.g. replacement of a flight critical component, must undergo a 

functional test flight in accordance with the operator's manual. The PIC who conducts the 

functional test flight must make an entry in the UAS aircraft records of the flight. The 

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

added to the operator's manual. 

15. The operator must follow the manufacturer's UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/ component/ overhaul, replacement, and inspection/maintenance 

requirements must be established and identified in the operator's manual. At a minimum, 

the following must be included in the operator's manual: 

a. Actuators I Servos 

b. Transmission (single rotor) 

c. Powerplant (motors) 

d. Propellers 

e. Electronic speed controller 

f. Batteries 

g. Mechanical dynamic components (single rotor) 

h. Remote command and control 

i. Ground control station (ifused) 

j. Any other components as determined by the operator 
'' 

16. If planned operations occur within 5 miles of Commercial Services Airport as defined by 

the F AA,the operator must obtain an Air Traffic Organization (ATO) issued Certificate 

of Waiver or Authorization (COA) prior to conducting any operations. This COA will 

also require the operator to request a Notice to Airman (NOT AM) not more than 72 hours 

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

17. 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 (NNumber) markings in accordance with 14 CFRpart 45, Subpart C. Markings must be as 

large as practicable. 

18. The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul 

component parts, and the total time in service of the UAS. The preflight inspection must 

account for all discrepancies, i.e. inoperable components, items, or equipment, not 

covered in the relevant preflight inspection sections of the operator's manual. 

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

Bulletins. 

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

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

other appropriate government oversight agency requirements. 

21. The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.). 

22. 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. 

23. The UAS cannot be operated by the PIC from any moving device or vehicle. 

24. 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. 

25. The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a nontowered airport as denoted on a current FAA-published aeronautical chart unless a letter 

of agreement with that airport's management is obtained, and the operation is conducted 

in accordance with a NOT AM as required by the operator's COA. The letter of 

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

upon request. 
26. Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to 

the Federal Aviation Administration's (FAA) UAS Integration Office (AFS-80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight 

operations may not be conducted until the incident, accident, or transgression is reviewed 

by AFS-80 and authorization to resume operations is provided. 

With this petition intended that MLS will be able to provide safe, reliable and accurate land 

surveying services and information to its clients with the use of the latest innovative technology 

associated with remotely piloted aircraft. 

Your attention to this matter is appreciated. 

Respectfully submitted, 

Roger W. Meyer PLS 
ANNEXA 

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

MLS requests an exemption from the following regulations as well as any additional regulations 

that may technically apply to the operation of the SenseFiy eBee and the Trimble UX5 ("UAVs): 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, 

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

airworthiness certificates as required by FAR§ 91.203(a). Given the size of the Uavs, their very 

light weight and the limited operating area associated with its utilization, it is unnecessary to go 

through the certificate of airworthiness process under Part 21 Subpart H in order to achieve or 

exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved. An analysis of these different criteria demonstrates 

that the UAvs operated without an airworthiness certificate, under the conditions proposed in 

that exemption, will be at least as safe, or safer, than a conventional aircraft with an 

airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks 

These regulations provide that each aircraft must display "N" and the aircraft's registration 

number in letters at least 3 inches high. Additionally, the aircraft must display the word 

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or 

pilot station. Given the size of the UAVs, this requirement is impossible to match. 

14. CFR §61.23: Medical certificates: Requirement and duration 

Regulations provide that a person: 

(1) Must hold a first-class medical certificate: 

• When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

• When exercising the second-in-command privileges of an airline transport pilot certificate in 

a flag or supplemental operation in part 121 of this chapter that requires three or more pilots; or 

• When serving as a required pilot flight crewmember in an operation conducted under part 

121 of this chapter if the pilot has reached his or her 60th birthday. 

(2) Must hold at least a second class medical certificate when exercising: 

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this 

chapter (other than operations specified in paragraph (a)( 1 )(ii) of this section); or 

• Privileges of a commercial pilot certificate 
Given the size of the UAVs, their structure, the limited flight area, and the safety features 

integrated in the autopilot (among others a flight termination system), MLS believes that an 

Equivalent Level of Safety can be reached if the operator has a valid driver's license. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a 

civil aircraft of the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that 

person's physical possession or readily accessible in the aircraft when exercising the privileges 

of that pilot certificate or authorization. However, when the aircraft is operated within a foreign 

country, a pilot license issued by that country may be used. The regulation provides also that no 

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

compensation or hire. Subparagraph (b) allows a private pilot to 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; 

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

Given the safety features of the UAVs and the fact that the missions are pre-programmed and 

monitored in real-time with a specific flight management software, MLS proposes that operators 

of the UAVs should not be required to hold a commercial or private pilot certification. Instead, 

operators should be required to: 

• Have completed the UAV manufacturers training program for operation of the UAS. The 

manufacturer's training program for eBee operators has been already satisfactorily reviewed 

through the Application for Airworthiness Qualification Level (AQL) 3 Airworthiness Release 

(AWR). The equivalent level of safety will be achieved by having an operator trained UAVs 

manufacturer, and using the integrated features of the aircraft to maintain a high level of safety 

during the different missions. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness 

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. 

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements 
.. 

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in 

In close proximity to the operator. 

The equivalent level of safety will be provided by having the sUAV marked on its fuselage as 

required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the 

identification of the UAS as "Experimental." The FAA has issued the following exemptions to this 

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 91.109(a): Flight Instruction 

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." 

The equivalent level of safety during the in-flight training will be achieved by the manufacturer or 

affiliate providing the training as described in the manufacturer's training program and through 

the use of experienced and qualified instructors familiar with the UAVs 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests 

authority to operate at altitudes up to 400 AGL, 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, 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. 

Compared to flight operations with aircraft weighing far more than those proposed herein and 

the lack of flammable fuel, any risk associated with these operations is far less than those 

presently presented with conventional aircraft. 

14 CFR 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 UAV may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption is requested. 

An equivalent level of safety will be achieved by the operator 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 

The regulation provides that no person may begin a flight in an airplane under day-VFR 

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after 

that for at least 30 minutes. As the UAVs are electric-powered, this requirement is inapplicable. 

In any event, given the contemplated operations, MLS believes that an equivalent level of 

safety is already achieved with the specific procedure preventing the UAVs accepting a take-off 
. . 

order is the battery level is below a given value. Moreover, the manufacturers have integrated 

low and critical battery level warnings and implemented a "return to home" action in these 

situations. 

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

This regulation provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate. 

• 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 c.abin or cockpit entrance so that it is legible to passengers or crew. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the UAV will have immediate access to them, to the extent they are 

applicable to such UAV. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797A, 9816A, and 10700. 

14 CFR Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and 

Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 

91 .409 require the aircraft to be "approved for return to service by a person authorized under 

43.7" after maintenance and inspection. Section 91.409 requires an annual inspection for the 

issuance of an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep 

records showing certain maintenance work that has been accomplished by certificated 

mechanics, under Part 43, or licensed pilots and records of approval of the aircraft for return to 

service. 

MLS proposes that the maintenance of the UAVs will be accomplished by the owner or the 

operator according to the manufacturers user manuaL 

Given that these section 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 as referenced herein. An equivalent level 

of safety will be achieved because these small UAVs are very limited in size and will carry a 

small payload and operate only in restricted areas for limited periods of time. If mechanical 

issues arise the UAV 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.