TAKE FLIGHT UAS, LLC Page 1

FEBRUARY 4, 2015

TAKE FLIGHT UAS, LLC

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act 

and 14 C.F.R. Part 11

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. 

Part 11, Take Flight UAS, LLC (Applicant) an Idaho limited liability company, seeks an exemption from the

Federal Aviation Regulations (FARs) listed and discussed in Appendix A in order to allow for the operation of 

small Unmanned Aircraft System (UAS) under the conditions and limitations set forth in this application for 

Petition.

The requested exemption would permit the Applicant to safely, efficiently and economically use commercial 

UAS within the National Airspace (NAS) for operations conducted within and under the conditions outlined in 

this Petition or as established by the FAA as required by Section 333.

The requested exemption would authorize the Applicant to perform commercial operations with UAS that 

will provide the following benefits to the public:

 Commercial use of UAS to acquire aerial imagery in support of precision production 

agricultural, natural resource monitoring, university and private scientific research, climate 

change observations, humanitarian relief efforts and emergency services. 

 Application of UAS may reduce safety concerns in areas where terrain or subject matter is 

inaccessible, inhospitable, hazardous and unsafe to enter, or may cause undue injury or loss 

of life.

 UAS operations at low altitudes (< 400 ft. AGL) provide high resolution imagery that cannot 

be acquired with manned aircraft without compromising safety and adding excessive levels

of risk to life and property.

 UAS options for collecting imagery and data result in increased efficiencies that directly 

influence and benefit agriculture, natural resources, scientific research and monitoring, 

relief efforts and emergency services (floods, fire, search and rescue). 

 Commercial use of UAS can obtain data products which will directly influence and improve

efficiencies within several applications. This has the potential of enhancing productivity

while providing benefits to research, industry, and the general public.
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STATEMENT OF BACKGROUND, PROPOSED COMMERCIAL APPLICATIONS AND PUBLIC BENEFIT 

The Petitioner is a startup company, Take Flight UAS, LLC. The founders of the company were certified small 

UAS pilots with the Department of the Interior (DOI). DOI trains and certifies UAS pilots on fixed wing and 

VTOL / ducted-fan, gas powered Micro Air Vehicle (gMAV) airframes. The founders, as DOI certified fixed

wing operators are graduates of UAS training courses using FAA curriculum standards. These courses

included 22 classes and totaled more than 80 hours for fixed wing operations and an additional 40 hours for 

the VTOL gMAV operations. Past DOI operations provided practical applications in the field. This required

working with low altitude UAS flights with the primary objectives of acquiring video, imagery and data in 

support of natural resource projects, research studies and monitoring applications.

Both founders hold general aviation private pilot licenses and have in-depth knowledge concerning NAS 

navigational priorities and rules. Both hold current Class II Medicals, and have passed FAA Commercial 

Written Exam. The founders are also aware of hobby craft/recreational UAS guidelines and have been 

recreationally flying keeping proficiencies current while additionally building flight time and expertise with 

UAS.

Take Flight UAS, LLC founders also have knowledge and experience working with forestry/silviculture, 

geomorphology, hydrology/flood analysis, search and rescue emergency mapping services, habitat 

restoration and wildfire modeling in both Civil and Federal Government settings. Combined, the founders 

have 50+ years of expertise in geographic information systems (GIS), remote sensing, photogrammetric 

techniques and digital surface modeling. Additionally, these applications pertain to aerial imagery 

acquisition, spatial data creation, mapping and analysis. Founders current employment requires extensive

research into lightweight sensor and camera development (multispectral, hyper spectral, natural color, 

forward looking infrared [FLIR], near infrared [NIR] and thermal imagery) for low altitude flights with the 

purpose of gathering true-color and spectral signatures for high resolution data. This data has a wide variety 

of scientific applications as well as significant economic benefits to the communities involved with natural 

resource management and precision agricultural. 

If proposed exemption is approved, the Petitioner intends to acquire and provide aerial imagery and data 

solutions in support of scientific research and monitoring studies as they apply to natural resource based and

precision production agricultural activities. For instance these will include cropland observations, invasive 

species monitoring, geologic and geomorphic surveys, forest and rangeland health, wildlife, wildfire, and 

habitat restoration.

Specifically, with the granting of this exemption, the founders will proceed to work in conjunction with

university and agricultural extension offices. With these efforts, imagery and data acquired will be analyzed 

for the following purposes: wheat blight mitigation, sugar beet harvest rates congruent with mold presence,

irrigation water budgeting and maximization of crop to water variances, fertilization and nutrient 

distribution, soil and plant moisture content, pest management, viticulture water stress and growth cluster 

yields, mold spore indexes, leaf temperature and plant water status. These site specific precision agriculture 

measurements and analysis of the influencing factors will directly increase crop production and yields, while 

minimizing wasteful crop production methods, conserving irrigation water, and mitigating extremely harmful

crop diseases.

The application of UAS in these instances has the ability to produce valuable and sustainable products 

enhancing industry and public land operations. These products will provide definitive results for improving 

precision production agriculture and natural resource based activities. In time, the specific benefits will 

provide increased crop harvest quality and quantity throughout growing areas where prudent water use and 

irrigation are required. 
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Other highly effective uses of UAS endeavors include response to humanitarian relief efforts, emergency 

disaster response and Search & Rescue (SAR) operations. Providing a clear visual from a low altitude flight is

extremely valuable with respect to disaster response and SAR missions. Low altitude real-time imagery 

assists with locating people, recognizing and identifying critically affected areas, locating safety zones and 

increasing situational awareness of identified risks and hazards. Resultant in more efficient and decisive 

response plans. Such planning assists to minimize reaction time and increase the probability of the best 

solution for the situation – without increasing risk to human lives.

Take Flight UAS, LLC will perform mission planning, site safety evaluation, flight operations. UAS will include 

the necessary sensor package for the mission. Data and imagery acquired will be analyzed and assemble into 

a final product. This deliverable will include geospatial products derived from post-processing techniques of 

the acquired data and imagery. Applicant would execute data analysis and assist clients with obtaining

management goals towards achieving desired outcomes.

The name and address of the Applicant is: 

Take Flight UAS, LLC 

Attn: Kristin Swoboda

Telephone: (503) 975-7720

Email: takeflightaviationks@gmail.com 

Address: 8090 W. Sagebrush Way, Boise ID 83709

QUALIFICATION FOR APPROVAL UNDER SECTION 333 OF THE REFORM ACT

The UAS operations proposed in this application of petition for exemptions qualify for expedited 

approval under Section 333 of the Reform Act. This petition outlines how each statutory criteria as well 

as other potentially relevant factors are satisfied.

The proposed operations would permit the use of small UAS within the National Airspace (NAS) under 

controlled operational conditions. In many cases, these criteria outlined below will provide a level of 

safety that could not be achieved using manned fixed wing or rotor aircraft in order to accomplish the 

same purposes.

Take Flight UAS, LLC is proposing to operate both rotorcraft and fixed wing UAS. Each UAS, including 

payload weighs less than 15 lbs, and always less than 55 lbs. Operations would occur under normal VFR 

meteorological conditions at speeds less than 50 knots. UAS are primarily constructed of foam, 

aluminum, carbon fiber and plastic materials. Operations will be performed by qualified UAS Pilots (PIC)

and Visual Observers (VO), in order to ensure that UAS will "not create a hazard to users of the national 

airspace system or the public." Given the small sizes of the UAS, the pre-planned operation locations, 

flight paths, and the required VFR flight conditions, the Applicant believes that these operations fall 

directly within or exceed the required level of safety. Under the Reform Act, Congress has endorsed

through exemption that the FAA will allow commercial operations of UAS to commence immediately if 

an appropriate level of safety is achieved or exceeded. The Applicant believes an “equivalent level of 
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safety” or better will be achieved by the proposed outlined operations. It is also determined that due 

to the dimensions and composite materials of the UAS, flight paths and operational areas, the VFR 

conditions in which UAS flights will take place, approval of this application of petition presents no

threat to national security. The operation of UAS under these conditions will serve to guarantee pilot, 

public and property safety while adding tangible benefits to industry, the economy, scientific research, 

and the general public.

Take Flight UAS, LLC acting as UAS Pilot in Command (PIC) and Visual Observer (VO) agree to the 

requirements and constraints of these limitations and conditions for conducting commercial operations

within the National Airspace under an FAA issued exemption:

Pertaining to UAS

 UAS will weigh typically less than 15 lbs., and always less than 55 lbs.

 UAS will operate at a maximum speed of no greater than 25 knots.

 UAS will operate at or below 400ft AGL. 

 UAS shall not be operated within 5 miles of an airport without prior approval of, and establishing a 

line of communication for the duration of the flight operations with the controlling authority of that 

airspace/airport.

 UAS will be operated within visual line of sight (VLOS) of the PIC and VO(s).

 UAS will follow pre-determined flight lines over the mission area conducted via automated 

navigational flight software.

 UAS will be operated under visibility and cloud clearance requirements equivalent to Visual Flight 

Rules (VFR).

 UAS will be equipped with an autopilot system. UAS will utilize GPS navigation, systematic pre-flight 

checks, and failover safety mechanisms as return-to-home (RTH), auto-land, loiter and flight abort 

safety features.

Pertaining to Pilots, Visual Observer(s) and Ground Control Station crew

 Minimum crew for each operation will consist of the UAS Pilot in Command (PIC), Visual Observer 

(VO) and/or Ground Control Station (GCS) crew. 

 The UAS pilot will be considered the Pilot in Command (PIC) and be responsible for conducting safe 

flight operations.

 PIC, VO(s) and/or GCS crew will have communications established in advance of any flight 

operations.

 A briefing will be conducted in regard to the planned UAS flights prior to operation at each new 

location. All personnel who will be performing duties within the boundaries of the area of operation 

will be present for this briefing.

 The UAS pilot will be trained in advance for the safe operation of the UAS to be operated. This will 

include operation of the UAS both in normal and emergency procedures and will include 

familiarization with the flight manual (or similar) furnished by the UAS manufacturer. Training will 

also include basic flight maneuvers, navigational awareness, emergency procedures, loss of uplink, 

loss of downlink, loss of GPS and safe flight operations in relation to persons, property and applicable 

airspace.
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Pertaining to Flight Operations

 Risk assessment evaluation for safe site operations and flight conditions before each mission.

 Prior to a UAS flight, an area of operation will be established. This area of operation will include a 

defined lateral and vertical area, where the UAS will operate. Safety procedures will be established 

for persons, property and applicable airspace within the area of operation.

 Flights will be operated in Class G airspace whenever possible. If operation in other airspace is 

required, the appropriate controlling authority will be notified at least 24 hours prior to the 

operation and, if required, any necessary permission obtained.

 See and avoid: If at any time the operator see or hears another aircraft and it appears that aircraft 

may come within one (1) mile of the UAS, or it is questionable whether or not it will do so, the PIC 

shall immediately descend the UAS and direct it on a heading toward the designated landing area, or 

alternate landing area if necessary, until the UAS has landed or it is determined the other aircraft has 

maintained a separation of one (1) mile.

 The UAS shall operate from on-site launch/landing locations directly next to the PIC and GCS crew. 

Non-essential flight operation personnel will be at an appropriate distance away or a minimum of 

100 ft from the operation unless barriers or structures are in place which may sufficiently protect 

non-participating persons in case of UAS emergency.

 Flight planning will include flight completion with at least 25% battery power remaining as measured 

by the UAS or appropriate flight time planning.

 A Ground Control Station (GCS) will be connected by radio communication to the UAS during the 

entire flight operation. Flight information relayed to the PIC will include UAS GPS position, altitude,

speed, compass heading/bearing, aircraft angle of attack, flight time, battery power remaining, and 

other telemetry information.

 Written, and/or documented oral permission from property owners or land management agency will 

be obtained prior to an operation.

In summary, it is the Applicant's belief that the size, weight, speed, operating environment, and operating 

capabilities of each UAS will provide an "equivalent level of safety" or better when operating for commercial 

and public interest as outlined in Section 333 of the Reform Act. Applicant appreciates the time and 

consideration devoted to this request for exemption to permit safe, legal commercial UAS operations within 

the NAS.

Respectfully,

Take Flight UAS, LLC 

Attn: Kristin Swoboda

Telephone: (503) 975-7720

Email: takeflightaviationks@gmail.com 

Address: 8090 W. Sagebrush Way, Boise ID 83709
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EXEMPTION IS REQUESTED FROM THE FOLLOWING REGULATIONS:

14 C.F.R. Part 21 .................................................................................................................... Page 8

14 C.F.R. 91.203(a) & (b) ..................................................................................................... Page 8

14 C.F.R. 45.23(b) .................................................................................................................. Page 9

14 C.F.R. 91.7(a) .................................................................................................................... Page 9

14 C.F.R. 91.9(b)(2) & (c) ...................................................................................................... Page 9

14 C.F.R. 61.113(a) & (b) ...................................................................................................... Page 10

14 C.F.R. 61.133(a) ................................................................................................................ Page 10

14 C.F.R. 91.103 .................................................................................................................... Page 11

14 C.F.R. 91.109(a) ................................................................................................................ Page 12

14 C.F.R. 91.119(c) ............................................................................................................... Page 12

14 C.F.R. 91.121 .................................................................................................................... Page 13

14 C.F.R. 91.151(a) ................................................................................................................ Page 13

14 C.F.R. 91.405(a) ................................................................................................................ Page 13

14 C.F.R. 91.407(a)(1) ........................................................................................................... Page 13

14 C.F.R. 91.409(a)(2) ............................................................................................................ Page 13

14 C.F.R. 91.417(a) ................................................................................................................. Page 13

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set 

forth in this letter are appropriate while providing an equivalent level of safety and consider the public 

interest.
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GLOSSARY OF TERMINOLOGY:

COA Certificate of Authorization

FAA Federal Aviation Administration

FLIR Forward Looking Infrared

GIS Geographic Information Systems

GPS Global Positioning System

GCS Ground Control Station

NAS National Airspace

NIR Near- Infrared

NOTAM Notice to Airmen

PIC Pilot in Command

RS Remote Sensing

TIR Thermal Image Recorder

VFR Visual Flight Rules

VLOS Visual Line of Sight

VO Visual Observer

UAS Unmanned Aircraft System
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APPENDIX A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The Applicant requests an exemption from the following regulations as well as any additional regulations that 

may technically apply to the operation of UAS:

14 CFR PART 21, SUBPART H: AIRWORTHINESS CERTIFICATES

Section 91.203(a)(1) requires all civil aircraft to have “an appropriate and current airworthiness certificate.” 

Part 21, Subpart H, entitled Airworthiness Certificates, establishes the applicability and the procedural

requirements for the issuance of airworthiness certificates as required by FAR § 91.203(a)(1). 

With the size of the UAS (typically less than 15 lbs., and always less than 55 lbs.) and the limited flight 

operation areas, it is unnecessary to undergo the certificate of airworthiness process under Part 21 Subpart H 

to achieve or exceed current levels of safety.

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 of an airworthiness certificate of the UAS involved upon consideration 

of the size, weight, speed, operational capability, and proximity to airports and populated areas. These

outlined conditions all apply to the UAS considered in this proposed exemption, therefore an airworthiness 

certificate is not applicable. 

See Exemptions: 11138, 11062, 11067, 11080, 11114, and 11112.

14 CFR § 91.203 (A) & (B): CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION

This regulation provides as follows: (a)“... no person may operate a civil aircraft unless it has ... an appropriate 

and current airworthiness certificate.”

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

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

that it is legible to passengers or crew.”

The UAS with a full capacity payload weighs no more than 15lbs, and always less than 55 lbs. Due to the 

small size there is no open cabin or cockpit. There is no space, or onboard storage place located in/on the 

UAS in which to carry certification and registration documents. An equivalent level of safety will be achieved 

by keeping proper documentation at the location of the Ground Control Station where the PIC, VO or GS

crew and others working with the UAS will have readily available access to them. The FAA has issued 

numerous exemptions to this regulation. A representative sample of other exceptions includes: Exemption 

Nos. 9565A, 9565B, 9789, 9789A, 9797, 9797A, 9816A, and 9816.

Further examination of §91.203 (a) & (b) conditions lends that UAS operated without an airworthiness 

certificate, under the conditions proposed in this petition, will achieve the equivalent level of safety or better,

than a conventional manned aircraft (fixed wing or rotorcraft) with an airworthiness certificate for the 

purposes outlined in this application. The UAS will not carry a pilot or passenger, will not carry flammable
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fuel, and will operate only within small well-defined locations. All operations will be in compliance with the 

limitations and conditions stated in this application for petition. The FAA will have advance notice of all 

operations through the filing of Certificates of Waiver or Authorizations (COA) and Notices to Airman 

(NOTAMS) not more than 72 hours in advance, but not less than 48 hours prior to conducting any operations 

under this grant of exemption. In summary, the size of the aircraft, the lack of flammable fuel and the fact 

that the UAS is carried to the location, rather than flown to the site of operation, all create an equivalent 

level of safety. The UAS provides and even exceeds an equivalent level of safety when comparing low

altitude operations conducted with conventional manned aircraft that would be carrying passengers, cargo, 

and flammable fuel.

14 CFR § 91.7(A): CIVIL AIRCRAFT AIRWORTHINESS

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

Should the exemption be granted allowing commercial operation of UAS without an airworthiness certificate, 

no standard will exist for airworthiness of the UAS. An equivalent level of safety will be achieved by ensuring 

compliance with the UAS standard operating procedures, flight operations manuals, and following 

established practices which utilize safety checklists, pre-flight checklists and regularly scheduled 

maintenance. 

Please note exemptions: 11159, 11157, 11153, 11150, 11138, 11136, 11109 and 11080.

14 CFR § 91.9 (B)(2): CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

This regulation provides guidance for aircraft flight manuals. (b)”No person may operate a U.S.-registered 

civil aircraft ... (2) “For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved 

manual material, markings, and placards, or any combination thereof.”

The UAS is small in size and there is no cabin or cockpit entrance to the UAS. There is no onboard pilot, 

passenger(s) or crew. Due to the small size, configuration with no cockpit or cabin for a pilot, passengers or 

crew, there is no room or capacity onboard to carry a flight manual. The equivalent level of safety will be 

achieved by keeping the flight manual(s) and standard operating procedures at the Ground Control Station 

where the pilot in command and GCS crew flying the UAS will have readily available access to it. 

Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not adversely 

affected when the approved Aircraft Flight Manual is kept at the Ground Control Station of a UAS, where it 

can be immediately accessed by the pilot in command. Section 91.9(b) “requires aircraft to carry the flight 

manual so the pilot would have ready access to the aircraft limitations while in flight.” However, the FAA has 

also determined that UAS will always be operated without any passengers or crew onboard, and that 

“requiring these special-use aircraft [UAS] to carry superfluous paper documents may present a safety hazard 

to the integrity of the [UAS].” 

The FAA has previously granted exemptions under similar circumstances. Exemption Nos. 8607, 8737, 8738, 

9299, 9299A, 9564, 9564B, 9720, 10167, 10167A, 11112, 11114, and 11138.
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14 CFR § 45.23 & 91.9(C): MARKING OF THE AIRCRAFT

Regulation 45.23 states (a) “Each operator of an aircraft must display on that aircraft marks consisting of the 

Roman capital letter “N” (denoting United States registration) followed by the registration number of the 

aircraft. Each suffix letter used in the marks displayed must also be a Roman capital letter.”

(b) When marks include only the Roman capital letter “N” and the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the 

operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.”

Regulation 91.9(c) provides: “No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with part 45 of this chapter.”

UAS does not have entrance to a cabin, cockpit, or pilot station on which markings can be placed. The small 

size of the UAS prevents marking the UAS with two-inch lettering. Official marking systems for UAS have not

yet been established for operations inside the NAS. However, the Applicant is prepared to mark the UAS with 

appropriate sized markings for the UAS. This can include identification as the name of the organization, its

location of origin and aircraft serial numbers. The UAS Ground Control Station will also have proper marking

§ 45.29(f) where the Pilot, Visual Observer(s), and others working with the UAS will see the identification of 

the UAS and GCS.

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 8738, 10167, 10167A 

and 11112, 11136, 11109, and 11062. 

14 CFR § 61.113(A) & (B); 61.133(A): PRIVATE PILOT PRIVILEGES AND LIMITATIONS; PILOT IN

COMMAND; COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS

Sections 61.113 (a) & (b) provide regulations for the limitation of private pilot privileges to non-commercial 

operations. Section 61.133(a) requires an individual to hold a commercial pilot’s license when acting as pilot 

in command of an aircraft used for compensation or hire. UAS will not carry a pilot or passengers. The 

proposed operations can achieve the equivalent level of safety by requiring the UAS PIC to undergo UAS flight 

instruction, hold at least a private pilot's license or other FAA recognized equivalent, rather than a 

commercial pilot's license to operate small UAS. Unlike a conventional aircraft which carries a pilot and 

passenger(s), UAS are remotely controlled with no souls on board. The area of operation is limited with 

flights not exceeding 400 feet in altitude and not out of visual line of sight. All flights are planned and 

coordinated in advance and will be monitored by both the PIC operator, Visual Observer(s) and Ground 

Control Station and will follow all requirements to ensure compliance with safety regulations. 

Further provisions will take into account the safety features and characteristics of the UAS. UAS navigational 

system and autopilot’s have a high degree of preset automated navigational control with built-in technical 

capabilities that will limit the ability for UAS to operate outside of the flight operations envelop. Automated 

features and advanced fly-safe controls consistently enable safe and reliable operation. 
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Flight safety is a priority, no matter the flight operating environment. Because there are no souls on board, 

UAS offer superior safety over manned aircraft in flying low altitude flights. UAS will operate with multiple 

built-in safety features-

 UAS navigation and auto pilot system will fly a preset flight path autonomously or fly in manual 

override.

 UAS flight software automatically and systematically scans for system anomalies while in flight. 

Detected issues are then handled with configurable preset automated response behavior such as 

return-to-home, loiter and auto-land functionality.

 UAS has capability to auto detect loss of GPS link. If link is lost, a warning alarm is indicated and the 

UAS initiates an immediate landing.

 If UAS detects a low battery, a warning alarm sounds and UAS will return to home and land.

 If UAS loss of link to the Ground Control Station occurs the UAS will perform its preset response to 

the condition by performing an auto-land.

 UAS flight time and battery power charge/minutes are displayed at all times. UAS will return home 

and land automatically if user-configurable limits are reached or battery power reaches 25%.

 UAS have the ability to set up no-fly zones. These virtual boundaries will contain UAS flight 

operations not allowing UAS to fly horizontally and/or vertically outside the pre-planned flight area.

 UAS safety pre-flight checks and system status assessments prior to takeoff also include system selfcalibration of flight sensors. If problems with flight sensors are detected the automated pre-flight 

phase will abort. 

These safety features, characteristics and advanced controls can be learned through proper flight instruction 

and hands on UAS pilot training. With UAS pilot training, there is a reduction of risk associated with the

operation of UAS. Risks are mitigated due to size, speed, weight, operational capabilities, safety features and 

advanced navigational controls. The level of risk associated with private pilot operations or commercial 

operations considered by Part 61 with conventional aircraft (fixed wing or rotorcraft) is considerably greater 

than that of UAS operations as defined by this petition. Therefore, an equivalent level of safety is exceeded 

over the current level of safety required under 14 C.F.R. § 61.113(a) & (b) § 61.133(a).

The FAA has issued the following exemptions to this regulation; see Exemption Nos. 11110, 11109, 11062, 

11065, 11067, 11136 and 11138.

14 CFR § 91.103: PREFLIGHT ACTION

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

the flight. As FAA approved flight manuals will not be provided for the UAS, an exemption will be needed. 

To provide for an equivalent level of safety the following protocols will be in effect. The Pilot in Command 

and Ground Control Station crew will take all actions including: systematic and comprehensive pre-flight 

checks, safety plan review, weather updates, briefing of flight plan operations, flight battery power needs 

and requirements, aircraft performance data and landing/takeoff distances before proceeding with flight 

operations.

Summary of Pre-flight Checklist Items

 Visual inspection of entire airframe
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 Visual inspections of fuselage, wings/rotor integrity

 Run-up testing and battery power charge checks of all batteries (aerial vehicle, command station,

radio transmitter)

 Check altimeter is set to zero at UAS launch site/landing zones, check GPS altitude, location, 

compass heading/bearing

 Verify communication between PIC, VO(s) and/or GS crew

The failure of any portion of the pre-flight check will prevent take-off. Pre-flight checks which cannot be 

passed by the onboard flight system will be investigated and remedied by a qualified person prior to each 

flight. This will be noted in the flight log for inclusion within the regular maintenance schedule.

14 CFR § 91.109(A): FLIGHT INSTRUCTION

These regulations provide that no person may operate a civil aircraft (except a manned free balloon) that is 

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

UAS are remotely piloted aircraft that do not, by their nature, have fully functional dual controls. Flight 

control is accomplished through the use of a remotely operated hand-held controller that communicates 

with the aircraft via radio telemetry. During flight instruction, UAS will be flown by both student and 

instructor using separate flight controllers simultaneously. If necessary for failover safety, the Ground 

Control Station can override and perform an immediate auto-land. However, during typical flight operations, 

flights are either manually flown, controlled on the fly by point and click navigational commands or with 

predetermined way points and flight paths. Pilot has the ability to override preset flight paths.

In summary, the equivalent level of safety is exceeded due to the fact that neither a pilot nor passenger(s)

are onboard the UAS. In addition, the UAS is small in size, slow in speed and flies at low altitudes. Other 

weight and material characteristics of the UAS are also considered contributing factors for safety. With this 

the Applicant believes that the previously outlined safety features provide for an increased level of safety 

over current regulations.

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

aircraft and for flight instruction in experimental aircraft. See Exemption Nos. 11109, 11138, 11110.

14 CFR § 91.119(C): MINIMUM SAFE ALTITUDES

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) limits aircraft 

flying over areas other than congested areas to 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.

Because aerial survey, monitoring, mapping, inspection or data collection work must be accomplished at 

relatively low altitudes and at altitudes preferably less than 400 feet AGL, an exemption from Section 

91.119(c) is requested.

The equivalent level of safety will be achieved given the size, weight, speed, and locations of flight operations 

areas. No flight operations will occur without the permission of the property owner or land management 

entities. Advance notice to the property owner or land managing entities, will ensure the correct individuals 

will be notified of planned flight operations. In addition, small size, weight, and low speeds of UAS, 
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contribute to very minimal hazards to persons, property, vessels, vehicles or structures. Autopilot features 

include a governor preset that will inhibit flights above 400 ft. AGL. Due to the extremely low altitude flights 

planned for UAS operations, it is not allowable, feasible or safe for conventional aircraft to fly within these 

parameters. Therefore, associated risks are marginal and do not compare to traditional manned aircraft

flights operating at this altitude and should be considered for exemption. 

The FAA has granted similar exemptions to others, including Exemptions: 4063, 11138, 11136, 11112, 11110, 

11109, 11080, 11066, 11063, 11062 and 11067.

14 CFR § 91.121: ALTIMETER SETTINGS

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level by reference 

to an altimeter that is set to the elevation of the departure airport or barometric pressure. Some UAS have 

a barometric pressure sensor, while others only use GPS for elevation or altitude. When a barometric 

pressure sensor is on the UAS, it is corrected to the point of take-off; this is in close proximity to the PIC and 

not at a departure airport. The altitude reading will be relative to that launch point on the ground.

The equivalent level of safety will be achieved by the PIC and GS crew. As part of the pre-flight checklist, the 

PIC and the GCS crew will confirm the elevation or altitude of the launch site. Using the altitude of the launch 

site shown on the GPS altitude indicator and then confirming the UAS AGL altimeter is set to zero on the 

ground before each flight is initiated. The altitude of the UAS will also be displayed via telemetry at the GS 

and will be constantly monitored by the PIC and GS crew during the entire flight operation. 

Please note similar exemptions have been granted: 11153, 11150, 11138, 11136, 11159 and 11159.

14 CFR § 91.151(A): FUEL REQUIREMENTS FOR FLIGHT IN VFR CONDITIONS

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

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

intended landing and, assuming normal cruising speed – (1) During the day, to fly after that for at least 30 

minutes; or (2) At night, to fly after that for at least 45 minutes.”

Different UAS batteries provide a range of powered flight times, depending on elevation, density altitude, 

wind and other environmental conditions. However, because UAS does not require landings at airports or 

airstrips, time in fuel as a safety buffer for go-arounds, delays for landing or diversion to another airport or 

airstrip is unnecessary. Applicant believes that an equivalent level of safety can be achieved by calculating 

flight operations to planned landing zones with sufficient power for safe landings or by maintaining 25% of

reserve battery power whichever happens first. This criteria will be more than adequate to return the UAS to 

its planned landing zone from anywhere within the flight operations area. 

Operating the UAS, without 30 minutes of reserve fuel does not engender the type of risks that Section 

91.151(a) was meant to prevent given the size, weight and speed at which the UAS operates. The UAS are 

constructed of lightweight materials, and have no onboard pilot, passenger(s), or cargo. The risk to human 

life and property is extremely minimal. In the unlikely event that the UAS is drained of battery power, it 

would simply auto-land. Given the UAS dimensions and weight, and proven the risks are clearly less than the 
TAKE FLIGHT UAS, LLC Page 14

risk associated with conventional aircraft represented by this regulation, an equivalent level of safety is 

exceeded, and an exemption from § 14 CFR 91.151 is requested. 

The FAA has granted similar exemptions to others, including Exemptions 2689F, 5745, 10673, 10808, 

11138, 11136, 11112, 10650, and 10159.

14 CFR § 91.405(A); 407(A)(1); 409(A)(2); 417(A): MAINTENANCE INSPECTIONS

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected as prescribed 

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

this section, have discrepancies repaired as prescribed in part 43 of this chapter ...” Section 91.407 similarly 

makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the 

issuance of an air worthiness certificate. Section 91.417(a) requires the owner or operator to keep records 

of maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots

and records of approval for aircraft return to service.

Since UAS are small in size and cannot carry pilot/passengers, they are not considered complex mechanical 

equipment. UAS will operate only within flight operation areas and no higher than 400 ft AGL. If mechanical 

issues arise, the UAS can land immediately within the designated flight operation area. The equivalent level 

of safety will be achieved as UAS PIC and GS crew will ensure that UAS are in proper working order prior to 

initiating flight operations. This will occur through required pre-flight checks, regular UAS maintenance, and

keeping a documented log of any date/ type of maintenance performed. 

Similar exemptions have been granted including: 11159, 11157, 11150, 11153, 11138, 11136, 11109 and 

11080.

APPENDIX C

SUMMARY OF SECTION 333 EXEMPTION REQUEST

Take Flight UAS, LLC hereby provides pursuant to Part 11 a summary of its exemption application to allow 

commercial operation of UAS. With petition approval, the Applicant intends to acquire and provide aerial 

imagery and data solutions in support of scientific research and monitoring activities as they apply to natural 

resource based interests and precision production agriculture. For instance these will include cropland 

observations (growth yields, fertilization and nutrient distribution, soils and plant moisture content, mold and 

blight occurrence, and pest management), irrigation water conservation methods, invasive species 

monitoring, geologic and geomorphic surveys, forest and rangeland health, wildlife monitoring, wildfire 

management, and habitat restoration. Additionally, uses of UAS include assisting in humanitarian relief 

efforts, emergency disaster response and Search & Rescue (SAR) operations.

The application of UAS in these instances has the ability to produce valuable and sustainable products 

enhancing industry and public land operations. These products will provide definitive results for improving 

precision production agriculture and natural resource based activities. In time, the specific benefits will 

provide increased crop harvest quality and quantity throughout growing areas where prudent water use and 

irrigation are required. Implementing UAS for emergency disaster and SAR operations will result in more 

efficient, decisive reaction plans while significantly decreasing response time. This will help to provide the 
TAKE FLIGHT UAS, LLC Page 15

best solutions for the situation – without increasing risk to human lives. An exemption is requested from the 

following regulations:

14 CFR

PART

SUMMARY OF REGULATION

PART 21 AIRWORTHINESS CERTIFICATION

21, SUBPART H CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS, AIRWORTHINESS CERTIFICATES

PART 61 CERTIFICATION: PILOTS, LIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

61.113(A)(B) PRIVATE PILOT PRIVILEGES AND LIMITATIONS; PILOT IN COMMAND;

61.133(A) COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS

PART 91 GENERAL OPERATING AND FLIGHT RULES

91.203(A)(B) CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION 

91.7(A) CIVIL AIRCRAFT AIRWORTHINESS

91.9(B)(2) CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

91.9(C) 45.23(B) MARKING OF THE AIRCRAFT

91.103 PREFLIGHT ACTION

91.109(A) FLIGHT INSTRUCTION

91.119(C) MINIMUM SAFE ALTITUDES

91.121 ALTIMETER SETTINGS

91.151(A) FUEL REQUIREMENTS FOR FLIGHTS IN VFR CONDITIONS

91.405(A) MAINTENANCE REQUIRED

91.407(A)(1) OPERATION AFTER MAINTENANCE

91.409(A)(2) INSPECTIONS

91.417 (A) MAINTENANCE RECORDS