May 4, 2015

Exemption No. 11453

Regulatory Docket No. FAA–2015–0231

Mr. James T. Adams

Vice President

USAerobotix, LLC

P.O. Box 124

Gettysburg, OH 45328

Dear Mr. Adams:

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 January 28, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of USAerobotix, LLC (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and other sensors to inspect utility infrastructure and equipment, wind turbine 

blades and other structural aspects of wind farms, solar power panels, and vegetation and line 

clearance for tree trimming.

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. However, four 

comments were filed in the docket in support of the petition.
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Airworthiness Certification

The UAS proposed by the petitioner is a SelectTech Geopatial EH-4.

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 

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 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, USAerobotix, LLC 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.
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Conditions and Limitations

In this grant of exemption, USAerobotix, LLC is hereafter referred to as the operator.

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 SelectTech 

Geopatial EH-4 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, 
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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 

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.
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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 

(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 five 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.
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22. All aircraft operated in accordance with this exemption must be identified by serial 

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

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. 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.
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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.

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service
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Applicant Name and Contact Information:

USAerobotix LLC

Attn: Jason T. Adams, Vice President

PO BOX 124

Gettysburg, OH 45328

(260) 444-1550

jason@usaerobotix.com

January 28, 2015

Exemption Request Pursuant to Section 333 of FAA Reform Act Part 11 of FAA Regulations 14 

C.F.R. 21; 45.23(b); 61.113(a) & (b); 91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 

91.409(a)(1) & (2); 91.417(a) & (b)

Dear Administrators,

Pursuant to Section 333 of the Federal Aviation Administration Reform Act of 2012 and 14 Code of 

Federal Regulations Part 11 (“Regulations”), USAerobotix LLC, (“USAerobotix”) operator of SelectTech 

Geospacial’s EH-4 Unmanned Aerial System (“UAS”) will perform operations involving the use of aerial 

photography and other sensors equipped to the UAS to inspect—

1) utility infrastructure and equipment including substations, transmission towers, distribution 

towers, pipelines, flare stacks, and other industrial equipment;

2) wind turbine blades and other structural aspects of wind farms;

3) solar power panels;

4) vegetation and line clearance for tree trimming near the infrastructure stated above;

herein referred to collectively as “the Operation”, applies for exemption from the following 

Regulations:

1) 14 C.F.R. 21;

2) 14 C.F.R. 45.23(b);

3) 14 C.F.R. 61.113(a) & (b);

4) 14 C.F.R. 91.119(c);

5) 14 C.F.R. 91.121;

6) 14 C.F.R. 91.151(a);

7) 14 C.F.R. 91.405(a);

8) 14 C.F.R. 91.407(a)(1) & (2);

9) 14 C.F.R. 91.409(a)(1) & (2);

10) 14 C.F.R. 91.417(a) & (b).

An exemption from the listed Regulations is requested to allow commercial activity of the Operation 

utilizing the UAS to be performed by USAerobotix. The Operation will only be conducted by USAerobotix 

with the use of the UAS as outlined in this request, with procedures documented in the attached 

proprietary documentation (“Attachments”) or what may be established by the FAA if an exemption 

were granted under Section 333 or Section 49 of the United States Code § 44701(f).
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The conditions listed in this application, set forth by USAerobotix, are drafted following exemptions and 

guidelines drafted by the FAA to maintain the highest level of safety, either maintaining or exceeding 

current safety standards, practices, and regulations. USAerobotix applies for an exemption to provide a 

safer method of the Operation compared to manned aircraft and manned ground inspections. The 

Operation will be conducted in a limited space with limited, approved access.

Section 333 of the FAA Reform Act of 2012 grants authority to the FAA to issue exemptions based on the 

safety of the Operation and the UAS with established requirements set out by both the application and 

exemption granted for the Operation.

The Attachments to this request are considered proprietary. We ask that you request these documents 

separately from the public accessible website. Each attachment is numbered and will each hereinafter 

referred to as the following:

1) Attachment 1 (“The Manual”);

2) Attachment 2 (“Maintenance Log”);

3) Attachment 3 (“Flight Log”);

4) Attachment 4 (“Knowledge Exam”);

5) Attachment 5 (“Certificate of Completion”).

USAerobotix is a fee-for-service company who will perform each task within the Operation for the 

power industry. The UAS is purchased by USAerobotix from SelectTech Geospacial (“the Manufacturer”) 

who holds a Certificate of Authorization for the development, testing, and training of the UAS, model 

EH-4. The UAS is a Vertical Take Off and Landing (“VTOL”) rotorcraft with four rotors and weighs under 5 

lbs., including the payload. The airframe is constructed from G-10 fiberglass reinforced polyester resin, 

which can withstand rough landings and challenging environments. Additionally, the construction of the 

airframe and the components and hardware greatly reduce the conductivity of the UAS. The speed 

capability of the UAS is 50 knots, however the Operation is intended to travel no more than 35 knots, 

both vertically and horizontally. The structures USAerobotix intend to include in the Operation stand 

below 400 feet AGL. However, some structures do exceed this height, which are already considered an 

obstacle to other aircraft. The Manufacturer, USAerobotix, and detailed in the Manual, the Operation 

will include a Pilot-in-Command (“PIC”) and Visual Observer (“VO”), operate lower than 400 feet AGL

(unless approval is granted on a case-by-case basis for special operations involving taller structures), 

stay well within Visual Line of Sight (“VLOS”), and cause no hazard to any users of the national airspace 

or the public. The Manual details the safety standards of USAerobotix, the safety redundancies of the 

UAS, and mitigate how USAerobotix will help in establishing requirements for safe operation in the 

national airspace system (“NAS”).

As granted to the FAA by Section 333 of the Reform Act, USAerobotix asks for an exemption to carry out 

the Operation commercially using the UAS. This application includes arguments and Attachments that 

will explain how the Operation will uphold or exceed current levels of safety, if there is a public interest 

in the Operation, and steps taken to ensure national security remains a priority.

Reviewing Exemption 11062 granted by the FAA to the movie industry, USAerobotix will operate with 

similar limitations and conditions, which will be referred to later in the application. This will ensure a 

high level of safety already approved by the FAA and hold USAerobotix accountable for how the 
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Operation is conducted. The List of Limitations and Conditions are already addressed throughout the 

Manual, and are as follows:

1. The UAS described in this application, including all payload, must weigh less than 20 lbs. 

2. The UAS will not exceed 35 knots during the Operation, and no more than 50 knots in 

transitional airspace.

3. The Operation will be conducted less than 400 feet AGL and reported to Air Traffic Control 

(“ATC”). If a structure exceeds this height restriction, the PIC must obtain approval from the FAA 

to perform the Operation in a limited capacity.

4. The Operation will be conducted in VLOS for the PIC at all times, regardless of the VO 

orientation. The PIC and VO must only use natural eyesight, aided only by corrective lenses or 

glasses, to meet this requirement and hold an FAA medical certificate.

5. The VO and PIC must maintain verbal communication at all times.

6. The Manual attached to this application binds USAerobotix to the limitations outlined within, as 

approved by the FAA. If the FAA imposes other limitations or conditions, the Manual will be 

revised to include such revisions. A copy of the Manual and any other documentation requested 

by the FAA will remain available at all times. If for any reason a change was not amended in the 

Manual, the new limitations and conditions will be followed at the time of the review. The 

Operation will follow the Manual at all times.

7. A report will be attached to the Manual logging all revisions and changes to the Manual. 

8. If a revision would change the Operation and potentially require a new revision, it is the 

responsibility of USAerobotix to contact the FAA UAS Integration Office (AFS-80) with all 

questions regarding the revisions.

9. The PIC must inspect the UAS and Ground Control Station (“GCS”) before each flight to ensure a 

safe condition. If the PIC determines the condition to be unsafe, the aircraft will not perform the 

Operation and undergo the necessary maintenance required to perform a safe flight. A report of 

all maintenance performed will be included in the Manual.

10. If maintenance or alterations are made that affect the flight characteristics of the UAS, the PIC 

must perform a functional test flight. Procedures for these test flights are outlined in the 

Manual. These test flights must be logged into the flight records for the UAS and added to the 

Manual.

11. USAerobotix will follow the Manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. The Manual also outlines the 

aircraft/component, maintenance, overhaul, replacement, inspection, and life limit 

requirements. At a minimum, the Manual must include the following:

a. Actuators/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

j. Any other components as determined by either the Manufacturer or USAerobotix
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12. The PIC must possess at least a private pilot certificate and at least a current third-class medical 

certificate. The PIC will also meet the flight review requirements specified in 14 C.F.R. § 61.56 in 

an aircraft in which the PIC is rated on his/her pilot certificate. If the FAA were to pass legislation 

for separate criteria for a UAS private pilot certificate, that may also be used. Similar level 

certification from the Department of Defense may also satisfy this requirement. USAerobotix 

also believes that the training and certification program outlined in the Manual is sufficient and 

could replace the Private Pilot Certificate requirement, upon the FAA’s approval. 

13. Prior to the Operation, the PIC must have accumulated and logged, in a manner consistent with 

14 C.F.R. § 61.51(b), a minimum of 200 flight cycles and 25 hours of total time as a UAS 

rotorcraft pilot and at least ten hours logged as a UAS pilot with a similar UAS type (single blade 

or multirotor). Prior documented flight experience that was obtained in compliance with 

applicable regulations will be used to satisfy this requirement. Training, proficiency, and 

experience-building flights will be used with the UAS to accomplish these requirements. The 

training will be conducted in a controlled space, away from any non-participants by a minimum 

of 500 feet. 

14. Prior to the Operation, the PIC must have accumulated and logged, in a manner consistent with 

14 C.F.R. § 61.51(b), a minimum of five hours as UAS pilot operating the make and model of the 

UAS in this application for the use of the Operation and three take-offs and three landings in the 

preceding 90 days. Training, proficiency, experience-building, and take-off and landing currency 

flights will be conducted to accomplish these requirements; during these trainings, any nonparticipant must remain at least 500 feet away from the training area. 

15. The PIC and VO of the Operation must successfully complete a qualification process outlined in 

the Manual. USAerobotix has developed a test included in the Manual to be successfully passed 

by all PIC and VO personnel before the Operation. A record of completion of this qualification 

process will be documented and made available to the Administrator upon request.

16. Prior to the Operation, a flight demonstration, administered by a USAerobotix-approved and

qualified pilot must be successfully completed and documented. The documentation must be 

available for review upon request by the Administrator. Because the knowledge and airmanship 

test qualifications have been developed by USAerobotix, and there are no established practical 

test standards that support a jurisdictional FAA FSDO evaluation and approval of company 

designed examiners, USAerobotix will conduct these tests in accordance with the Manual.

17. The UAS will not be operated directly over any person, except authorized and consenting 

personnel necessary to the Operation, below an altitude that is hazardous to persons or 

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

18. The Manual establishes safety parameters for participating persons who are authorized and 

consenting. These persons will be essential to the Operation.

19. The Operation will be conducted no closer than 500 feet away from non-participating persons, 

except those consenting to allow the Operation closer, in which case the Operation will be no 

less than 200 feet away from consenting non-participating persons.

20. As addressed in the Manual as a part of the preflight inspection, in the event that the UAS loses 

communications or Global Positioning System (GPS) signal, the UAS will be programmed to 

return to the pre-determined location within the security perimeter and land or be recovered.

21. The UAS is equipped to abort flight in the event of unpredicted obstacles or emergencies, as 

addressed in the Manual.
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22. Each flight during the Operation will commence after 30 minutes or at 25% battery power, 

whichever occurs first.

23. USAerobotix must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations. The COA will also require USAerobotix 

to request a Notice to Airmen (NOTAM) not more than 72 hours in advance, but not less than 48 

hours prior to the Operation.

24. All aircraft used for the Operation must be identified by serial number, registered in accordance 

with 14 C.F.R. part 47, and have identification (N-Number) markings in accordance with 14 C.F.R. 

part 45, Subpart C. Markings must be as large as practicable.

25. USAerobotix must document and maintain a record of the UAS maintenance, preventative 

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

in service of the UAS. These procedures are outlined in the Manual.

26. Each UAS used in the Operation must comply with the Manufacturer’s Safety Bulletins.

27. USAerobotix includes technician qualification criteria in the Manual.

28. The preflight inspection procedures in the manual include inspecting and accounting for all 

discrepancies, logging all maintenance, and reviewing each mission prior to execution.

29. Before the Operation, the radio frequency spectrum used for operation and control of the UAS 

must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. Details of this adherence are in the Manual.

30. The documents required under 14 C.F.R. §§ 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents must be 

made available to the Administrator or any law enforcement official upon request.

31. The UAS will remain clear and yield the right of way to all other manned operations and 

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

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

32. The UAS will not operate during night, as defined in 14 C.F.R. § 1.1. All operations will be 

conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) will not be conducted. 

33. The UAS will only be operated by the PIC from a stationary position and not in a moving device 

or vehicle. 

34. The UAS 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.

35. The UAS will not operate in Class B, C, or D airspace without written approval from the FAA. The 

UAS may not operate within 5 nautical miles of the geographic center of a non-towered airport 

as denoted on a current FAA-published aeronautical chart unless a letter of agreement with that 

airport’s management is obtained, and the operation is conducted in accordance with a NOTAM 

as required by the operator’s COA. The letter of agreement with the airport management must 

be made available to the Administrator upon request.

36. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA must be reported to the FAA’s UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. Further flight operations may not be conducted until the incident, accident, or 

transgression is reviewed by AFS-80 and authorization to resume operations is provided.
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The following section will describe the extent of relief USAerobotix seeks in each section of 14 C.F.R. 

requested, as well as reasons why the exemption would not adversely affect safety or how the 

exemption would provide a level of safety at least equal to the existing rule:

1) 14 C.F.R. 21: Certification Procedures for Products and Parts

This section outlines requirements for the issue of design and production approvals, 

airworthiness certificates, and other airworthiness approvals. USAerobotix is aware that if an 

exemption is granted as per Section 333, an airworthiness certificate would be issued and a 

request for exemption from 21 is unnecessary. However, as outlined in the List of Limitations 

and Conditions in this application, as well as all of the Attachments to this application, including 

the Manual, USAerobotix seeks to uphold the same level or exceeded level of safety as 

described in Part 21 of 14 C.F.R.

2) 14 C.F.R. 45.23(b): Display of Marks

USAerobotix is aware that if an airworthiness certificate is issued as part of the exemption that 

this particular rule would not be necessary to request an exemption. The UAS described in this 

exemption is of a small size, but as the List of Limitations and Conditions #24 outlined in this 

application, we will satisfy the display of the N-number on the aircraft, as large as applicable.

The UAS will be registered and have appropriate markings to determine the responsible party of 

the flight if a loss of the aircraft does occur. This condition offers accountability for the PIC and 

USAerobotix to ensure the utmost safety during the Operation.

3) 14 C.F.R. 61.113(a) & (b): Private Pilot Privileges and Limitations: Pilot in Command

These sections describe the limits of private pilots for non-commercial operations. The UAS is 

controlled remotely by the PIC during the Operation. The area of the Operation is a controlled 

space with granted permission by the client who owns the infrastructure being inspected. There 

are maximum approach distances explained in the Manual, as well as signage and warnings for 

those non-participants who are not trained on safety near the infrastructure. Therefore, the risk 

of harming non-participants is low, since their presence is often non-existent in the space near 

the infrastructure. Due to the nature of the Operation, which does not involve the carrying of 

persons (pilots, passengers, or otherwise), USAerobotix believes the same or exceeded level of 

safety can be achieved if the PIC had either a private or commercial pilot license. As the FAA has 

stated in Exemption 11062, the required areas of knowledge for a commercial versus private 

pilot cover the same fundamental principles. 

USAerobotix strongly believes that it is in the best interest of the FAA to provide a means of 

certification for UAS specifically. Within the provided Manual and other Attachments, 

USAerobotix has detailed a process for training personnel that will uphold a high level of safety, 

especially near areas with little collision risk, air traffic, and population. 
7

4) 14 C.F.R. 91.119(c): Minimum Safe Altitudes: General; Over other than congested areas

As noted in previous exemptions, since the airspace used for the Operation is in a controlled 

environment surrounding the infrastructure of electrical equipment, USAerobotix will already 

operate in accordance with most of 91.119. The key exemption sought in 91.119(c) is in regard 

to the altitude of, “...closer than 500 feet to any person, vessel, vehicle, or structure.” Since we 

must be near the structure of the equipment being inspected for the Operation, and closer to 

consenting non-participants and participants, an exemption from this rule is desired. The 

Operation will be below 400 feet AGL, as stated in the List of Limitations and Conditions #3, 

unless permission is granted by the FAA for anything higher. 

Regarding the speed and size of the UAS for the Operation, and how similar rules were passed 

for aircraft exceeding 4,000 lbs, this exemption will not endanger any persons, structures, or 

other aircraft. The conditions offered in this application, along with the rules and exemptions 

already passed by the FAA will still account for safety as the most paramount consideration in 

seeking exemption from this particular rule.

5) 14 C.R.R. 91.121: Altimeter settings

Exemption from this rule is only sought due to the wording used within the rule. The UAS is 

equipped with a digital telemetric data feed of the barometric altitude down to the Ground 

Control Station, instead of a traditional altimeter onboard the aircraft. Prior to each flight, a zero 

altitude initiation point will be established and confirmed for accuracy by the PIC. Further 

description of the altimeter technology is described in the Manual. This will maintain the safety 

intended by 91.121 with respect to the remote operation of the UAS.

6) 14 C.F.R. 91.151(a): Fuel requirements for flights in VFR conditions

The first part of this rule states that a flight may not begin unless there is enough fuel to fly 30 

minutes after approximate arrival to landing. The battery used for the UAS lasts approximately 

40 minutes after fully energized and with little payload. Given the technical limitations of the 

flight length of the UAS, and the proposed safety measures explained in the List of Limitations 

and Conditions #22, a longer time frame for flight in daylight VFR conditions is safe. Other 

exemptions passed by the FAA were granted the same exemption due to the same limitations. 

Any risk being mitigated by this rule for other aircraft is alleviated by the nature of the aircraft 

for the Operation in this application.

Limiting flights to whichever of 30 minute duration or 25% battery life reserve comes first 

should suffice for a high level of safety.

7) 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1) & (2); 14 C.F.R. 91.409(a)(1) & (2); 14 C.F.R. 

91.417(a) & (b): Maintenance and Inspections

All of these regulations require aircraft operators and owners to inspect aircraft as required by 
8

subpart E and must, between inspections, unless otherwise stated in paragraph (c), have 

discrepancies repaired as prescribed in Part 43. Because Part 43 applies only to aircraft with an 

airworthiness certificate, these sections will not apply. However, as stated in the List of 

Limitations and Conditions of this application, as well as the other Attachments, supporting 

documents, and the Manual, maintenance will remain to be an important part of the Operation. 

The UAS is very nimble and can be repaired very quickly, even on the field during the Operation. 

If mechanical issues do pass preflight inspection, because of the limited airspace and AGL of the 

Operation, a failure will not result in loss-of-life or put anyone in significant danger, as long as 

the Limitations and Conditions, the procedures outlined in the Manual, and any other conditions 

offered by the FAA are strictly followed. A log of all maintenance will be kept in the manual and 

made available to the Administrator any time it is requested. 

USAerobotix applies for this exemption with the intention of performing the Operation safely and in the 

best interest of the public. Please review the Attachments provided as a part of this exemption. The 

ultimate goal of USAerobotix service is to provide a method of inspection for utility lines, towers, and 

substations, solar generating panels, wind generating farms, and any other infrastructure or equipment 

in use by the power industry. Utility inspections are performed by helicopters, usually at 50 knots from a 

great distance to review the tree clearance to high tension wires, and they will spot-check any structural 

abnormalities along the lines. If power did fail for any reason, the responsible companies oftentimes are 

unable to pinpoint the exact reason why a failure occurred. Inspection with UAS will provide a more 

thorough and safer means of inspection from the sky. The alternate method includes manned ground 

inspections, with personnel putting themselves and others at risk of death or serious injury by climbing a 

pole or tower to inspect parts of the infrastructure.

Wind generation farms need to inspect their blades to ensure no cracks or major damage exists, which 

could result in large debris catapulting from the equipment and destroying other property and risking 

the safety of persons near the infrastructure. UAS based inspections will provide a safe means of 

inspection, instead of a manned system of climbing each generator tower, then repelling down each 

blade. The risk is incredibly high, and maintaining what little safety they have is very time consuming. 

UAS-based inspection will result in a more efficient inspection process, allowing the generating company 

to find problems well before they happen and continue to deliver power to the consumer reliably. The 

safety of inspections are now the difference between falling 400 feet to the ground and a 4 pound UAS 

falling to the ground. 

Solar energy farms often require infrared inspections. This process is time consuming and potentially 

dangerous for a helicopter at low altitudes. The risk of flight failure can result in loss of power to 

thousands of consumers, and a high risk for injury for the pilot. A small UAS, outfitted with the same 

payload, can accomplish the task much more safely and efficiently. 

Other Operations may include flare stacks and other larger industrial infrastructure. For these 

Operations, aircraft that currently perform the inspection already seek approval from the FAA prior to 

inspection. Additionally, because these flights are often over facilities that have personnel, USAerobotix 

will greatly reduce the risk of injury or death to personnel involved in these inspections.

The Operation is focused on a closed environment without any risk to personnel. Transitions between 

flights do not require the use of airspace, as the UAS is carried to the desired area before it is flown. Any 

data collected during the Operation will be handed to the client and used strictly for inspection of the 
9

equipment. The weight, speed, operating capacity, proximity to persons and structures, and the 

Limitations and Conditions expressed in this application, supplemented by the Manual and all other 

Attachments will be used to prove the safety of the NAS with respect to the Operation performed by 

USAerobotix using the UAS. This is considered to be adequate information to fulfill the necessary 

requirements of obtaining an exemption for commercial use of UAS by USAerobotix granted to the FAA 

in Section 333 of the Reform Act of 2012.

Sincerely,

Jason T. Adams

Vice President, USAerobotix LLC

Cc: David Furlong, Executive President

Jay Adams, President

Jacob Furlong, Vice President