UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION

ADMINISTRATION WASHINGTON, DC 

Regulatory Docket No. _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: 

Spurlock Land Surveying

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF TITLE 14 OF THE

CODE OF FEDERAL REGULATIONS SECTIONS 21 subpart H, 61.113(a) & (b), 91.7(a), 91.121,

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING

COMMERCIAL OPERATION OF THE MicroKopter UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012

(PUBLIC LAW 112-95)

Submitted on May 28, 2015 

David Spurlock

Spurlock Land Surveying 

868 Cliff Street 

Lander, WY 82520 

307-330-7777

TABLE OF CONTENTS 

GLOSSARY OF ABBREVIATIONS 2 

SUMMARY 2 

INTRODUCTION AND INTEREST OF PETITIONERS 3 

BACKGROUND 3 

BASIS FOR PETITION 3 

NAME AND ADDRESS OF PETITIONERS 4 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH Spurlock Land Surveying 

SEEKS EXEMPTION 5 

THE EXTENT OF RELIEF Spurlock Land Surveying SEEK AND THE REASON 

Spurlock Land Surveying SEEKS THE RELIEF 7 

THE REASONS WHY GRANTING REQUEST WOULD BE IN 

THE PUBLIC INTEREST 10 

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THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT 

ADVERSELY AFFECT SAFETY 12 

A SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER 22 

CONCLUSION 22 

GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area Of Interest

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

CFR Code of Federal Regulations 

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System

NOTCAM Notice To Airmen 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SO Safety Observer 

SOP Standard Operating Procedure 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line Of Sight 

VMC Visual Meteorological Conditions 

VTOL Vertical Takeoff And Landing 

SUMMARY

David Spurlock, owner of Spurlock Land Surveying, seeks exemption from the requirements of 14 

C.F.R §§ 21 subpart H, 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)

(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of 

the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Spurlock Land 

Surveying to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting 

aerial mapping, photography and educational awareness over certain areas of the United States. 

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INTRODUCTION AND INTEREST OF THE PETITIONER

David Spurlock is the owner of Spurlock Land Surveying founded in 1997 and located in Lander, 

Wyoming. David Spurlock has 5 years experience with RC flights and currently works as a 

Professional Land Surveyor providing services for Engineering, Environmental, Oil and Gas 

Companies and various land owners thorough most of the western states. The objective of Spurlock 

Land Surveying is to provide high quality imaging for a variety of commercial and public uses, 

specifically targeting: 

● Aerial Maps 

● Digital Terrain Models

● Planning and As-built construction

● Educational UAV awareness 

● Safety and training 

● Increasing public knowledge of UAS and promote safe UAS operations. 

BACKGROUND

Unmanned Aircraft Systems: MicroKopter UAS

Spurlock Land Surveying seeks an exemption to operate MicroKopter UAS systems for compensation 

or hire within the NAS. The MicroKopter is a vertical takeoff and landing (VTOL) Unmanned Aircraft 

(UA) with a Ground Control Station (GCS) utilizing electronic tablet, notebook or smart phone 

systems. The MicroKopter UAS has a maximum gross weight of 4.6 pounds, a length of 31 inches, 

width of 31 inches, height of 14 inches, and a maximum speed of approximately 55 knots. The 

MicroKopter UA is equipped with six main rotors; driven by Lithium Polymer battery powered 

electric motors. The MicroKopter UA that will be operated by Spurlock Land Surveying will be 

registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, 

Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration 

Marking. 

BASIS FOR PETITION

Petitioner, David Spurlock of Spurlock Land Surveying pursuant to the provisions of the Federal 

Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 

(FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petition the 

Administrator to commercially operate the MicroKopter UAS in the National Airspace System (NAS),

and for an exemption from the requirements of 14 C.F.R §§ 21 subpart H, 61.113(a) & (b), 91.7(a), 

91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

In consideration of the speed, weight, size, and limited operating area associated with the unmanned 

aircraft and its operation, Spurlock Land Surveying’s operation of the MicroKopter UAS meets the 

conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in 

accordance with 14 C.F.R. Part 21, Subpart H. 

Accordingly, Spurlock Land Surveying requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)

(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only 

apply to aircraft with an airworthiness certificate. 

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Spurlock Land Surveying submits that the requested relief is proper since an equivalent level of safety 

will be ensured. Spurlock Land Surveying will use experienced personnel or technicians to perform 

maintenance, alterations, or preventive maintenance on the UAS using the methods, techniques, and 

practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and MicroKopter 

Instruction Manual). Furthermore, Spurlock Land Surveying will document and maintain all 

maintenance records for the MicroKopter UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by Spurlock Land Surveying to the extent necessary to 

allow a Pilot in Command (PIC) holding an airman medical certificate, and who has demonstrated, by 

meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the 

MicroKopter UAS in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintain appropriate distances from people, vessels, vehicles and structures.

Spurlock Land Surveying seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the MicroKopter UAS does not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. as such, Spurlock Land Surveying submits that they will ensure that the 

MicroKopter UAS is in an airworthy condition, prior to every flight, by determining that the UAS are 

in compliance with the operating documents (i.e., Monthly Maintenance Log, and MicroKopter 

Instruction Manual), and that the aircraft is in a condition for safe flight. 

Spurlock Land Surveying also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the MicroKopter UA will not have a typical barometric altimeter on board. 

However, altitude information of the MicroKopter UA will be provided to the PIC via Global 

Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks 

from the UA to the GCS for active monitoring of the flight path. This altitude information, combined 

with Spurlock Land Surveying’s operation of the MicroKopter UA within visual line of sight, at or 

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, Spurlock Land Surveying seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. Spurlock Land Surveying submits 

that safety will not be affected by operation of the MicroKopter UA during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for 

a total duration of approximately 20 minutes to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 4 minutes. 

In accordance with 14 C.F.R. § 11.81, Spurlock Land Surveying provides the following information in 

support of their petition for exemption: 

A. Name and Address Of The Petitioner

David Spurlock, 

Spurlock Land Surveying 

868 Cliff Street, 

Lander, WY 82520 

spurlock.surveing@gmail.com

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B. The Specific Sections Of 14 C.F.R. From Which Spurlock Land Surveying Seeks Exemption. 

1. Spurlock Land Surveying Seeks Exemption From The Requirements Of Section Part 21, 

Subpart H

 14 C.F.R. Part 21, Subpart H, establishes the procedural requirements for the issuance of 

airworthiness certificates as required by 14 C.F.R. §91.203(a)(1) 

2. Spurlock Land Surveying Seeks Exemption From The Requirements Of Section 61.113(a) 

and (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections 

(a) and (b) prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

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

for compensation or hire, act as PIC of an aircraft. (b) A private pilot may, for compensation or 

hire, act as PIC of an aircraft in connection with any business or employment if— 

(1) The flight is only incidental to that business or employment; and 

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

3. Spurlock Land Surveying Seeks Exemption From The Requirements Of Section 91.7(a).

Section 91.7, entitled civil aircraft airworthiness, subsection (a), states the following: (a) No 

person may operate a civil aircraft unless it is in an airworthy condition. 

4. Spurlock Land Surveying Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: (a) Each 

person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as 

the case may be, by reference to an altimeter that is set, when operating-- (1) Below 18,000 feet 

MSL, to-- (i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; (ii) If there is no station within the area prescribed in paragraph (a)

(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure. 

5. Spurlock Land Surveying Seeks Exemption From The Requirements Of Section 91.151(b).

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states 

the following: (b) No person may begin a flight in a rotorcraft under VFR conditions unless 

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

of intended landing and, assuming normal cruising speed, to fly after that for at least 20 

minutes. 

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6. Spurlock Land Surveying Seeks Exemption From The Requirement Of Section 91.405(a).

Section 91.405, entitled Maintenance required, subsection (a), states the following: Each owner 

or operator of an aircraft – (a) Shall have that aircraft inspected as prescribed in subpart E of 

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

section, have discrepancies repaired as prescribed in part 43 of this chapter[.] 

7. Spurlock Land Surveying Seeks Exemption From The Requirements Of Section 91.407(a)

(1)

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following: (a) No person may operate any aircraft that 

has undergone maintenance, preventive maintenance, rebuilding, or alteration unless-- 

(1) It has been approved for return to service by a person authorized under § 43.7 of this 

chapter[.] 

8. Spurlock Land Surveying Seeks Exemption From The Requirements Of Sections 

91.409(a)(1) And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: (a) Except as provided 

in paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 

12 calendar months, it has had -- 

(1) An annual inspection in accordance with part 43 of this chapter and has been approved 

for return to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 

of this chapter. 

9. Spurlock Land Surveying Seeks Exemption From The Requirements Of Sections 

91.417(a) And 91.417(b).

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

Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or 

operator shall keep the following records for the periods specified in paragraph (b) of this 

section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include-- 

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed; and 

(ii) The date of completion of the work performed; and 

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(iii) The signature, and certificate number of the person approving the aircraft for return to 

service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to 

be overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are 

maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, the AD or safety directive number and 

revision date. If the AD or safety directive involves recurring action, the time and date when

the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to 

the airframe and currently installed engines, rotors, propellers, and appliances. (b) The 

owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the 

work is repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and 

transferred with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this 

chapter shall be retained until the defects are repaired and the aircraft is approved for 

return to service. 

C. The Extent Of Relief Spurlock Land Surveying Seeks And The Reason Spurlock Land 

Surveying Seeks The Relief. 

1. Spurlock Land Surveying Seeks Exemption From The Requirements Of Section Part 21, 

Subpart H

Given the size and limited operating area associated with the UAS to be utilized by the 

Spurlock Land Surveying, 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 

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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 rotorcraft operating 

with an airworthiness certificate without the restrictions and conditions of the proposed UAS 

operations. 

2. Extent Of Relief Spurlock Land Surveying Seeks And The Reason Spurlock Land 

Surveying Seeks Relief From Section 61.113 (a) and (b).

Relief from Section 61.113 (a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a valid airman medical 

certificate, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a 

private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any 

business or employment if: 

(1) The flight is only incidental to that business or employment; and 

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

more fully below, Spurlock Land Surveying submits that an equivalent level of safety will 

be maintained because no PIC will be allowed to operate the MicroKopter UAS unless that 

PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is 

able to safely operate the MicroKopter UAS in a manner consistent with the operations 

specifications as described in this exemption, including evasive and emergency maneuvers, 

as well as maintaining appropriate distances from people, vessels, vehicles and structures. 

Further, Spurlock Land Surveying submits that all flights of the MicroKopter UAS, conducted 

by the PIC pursuant to the grant of this Petition: 

(1) will be incidental to Spurlock Land Surveying’s business; and 

(2) will not carry passengers or property for compensation or hire.

3. Extent Of Relief Spurlock Land Surveying Seeks And The Reason Spurlock Land 

Surveying Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent 

required to allow Spurlock Land Surveying to determine that the MicroKopter UAS are in 

airworthy condition prior to every flight by ensuring that the UAS is in compliance with the 

operating documents (i.e., the Monthly Maintenance Log, and MicroKopter Instruction 

Manual). 

 Page 8 of 23
Spurlock Land Surveying seeks the requested relief because the MicroKopter UA does not 

require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 

Spurlock Land Surveying will ensure that the MicroKopter UAS is in airworthy condition based

upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and 

MicroKopter Instruction Manual) prior to every flight, and further, determine that the aircraft 

are in condition for safe flight, as stated in the conditions and limitations below. 

4. Extent Of Relief Spurlock Land Surveying Seeks And The Reason Spurlock Land 

Surveying Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight 

operations of the MicroKopter UAS, which utilize a barometric pressure sensor, GPS 

equipment, and a radio communications telemetry data link to downlink altitude information 

from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any 

altitude information concerning UAS operations be reported to air traffic control (ATC) in feet 

above ground level (AGL), Spurlock Land Surveying seeks the requested relief because the 

MicroKopter UA’s altimeter may be set on the ground to zero feet AGL, rather than the local 

barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

sought to the extent necessary to comply with the applicable conditions and limitations stated 

below. As more fully set forth herein, an equivalent level of safety will be maintained since the 

MicroKopter UA is equipped with a barometric pressure sensor and GPS equipment, which 

automatically ensures that a ground level pressure setting will be established prior to each 

flight, and provides the PIC with altitude information of the UA on the heads-up display of the 

GCS. 

5. Extent Of Relief Spurlock Land Surveying Seeks And The Reason Spurlock Land 

Surveying Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights of the battery powered MicroKopter UA during

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a

total duration of 16 minutes to the first point of intended landing and, assuming normal cruising

speed, to fly after that for at least 4 minutes. Spurlock Land Surveying seeks the requested relief

because without an exemption from Section 91.151(b), the flight time duration of the battery 

powered MicroKopter UA will severely constrain the practicality of any aerial mapping or still 

photo flight operations that Spurlock Land Surveying proposes to conduct pursuant to this 

Petition. Significantly, as set forth below, the technical specifications of the MicroKopter UAS, 

the MicroKopter operating documents, and Spurlock Land Surveying’s proposed operating 

limitations, ensure that Spurlock Land Surveying will safely operate the battery powered 

MicroKopter UA during daylight hours in visual meteorological conditions (VMC), under 

visual flight rules (VFR), with enough battery power to fly for a total duration of 16 minutes to 

the first point of intended landing and, assuming normal cruising speed, to fly after that for at 

least 4 minutes. 

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6. Extent Of Relief Spurlock Land Surveying Seeks And The Reason Spurlock Land 

Surveying Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply 

to aircraft with an airworthiness certificate, Spurlock Land Surveying requests relief from these 

Sections because the MicroKopter UAS does not require an airworthiness certificate. As set 

forth more fully below, the MicroKopter UAS meets the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, Spurlock Land Surveying will use 

trained technicians to perform maintenance, alterations, or preventive maintenance on the UAS 

using the methods, techniques, and practices prescribed in the UAS operating documents (i.e., 

Monthly Maintenance Log, and MicroKopter Instruction Manual). Furthermore, Spurlock Land

Surveying will document and maintain all maintenance records for the MicroKopter UAS. 

D. The Reasons Why Granting Spurlock Land Surveying’s Request Would Be In The Public 

Interest; or How It Would Benefit The Public As A Whole.

Granting the present petition will further the public interest by allowing Spurlock Land 

Surveying to safely, efficiently, and economically perform aerial mapping, photography and 

inspections of prairie, wilderness, real estate, construction areas and landscapes over certain 

areas of the United States. Furthermore, it will benefit the public as a whole by increasing 

awareness of UASs and uses for increasing productivity. Additionally, use of the MicroKopter 

UAS will decrease congestion of the NAS, and reduce pollution. Notably, the benefits of 

Spurlock Land Surveying’s proposed operation of the MicroKopter UAS will be realized 

without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 

MicroKopter UAs are battery powered and serve as a safe, efficient, and economical alternative 

to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of 

manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a 

MicroKopter UAS would reduce the amount of manned aircraft in the NAS, reduce noise and 

air pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion 

around airports caused by arriving and departing aircraft will be reduced. MicroKopter UAs do 

not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting 

aerial mapping, photography and inspection missions would result in fewer aircraft that must be

handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases 

of flight operations. 

2. The Public Will Benefit From The Safety And Efficiency Of The MicroKopter UAS.

Conducting aerial acquisitions with the MicroKopter UAS, instead of manned aircraft, will 

greatly benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial mapping and still photography flight operations. By using battery 

power and electric motors, the MicroKopter UAS produces no air pollution, and is the most 

viable environmentally conscious alternative to the internal combustion engine aircraft that are 

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typically utilized for aerial mapping and photography. The MicroKopter UA, while reducing the

carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled 

by battery powered electric motors, rather than an internal combustion engine. By using the 

MicroKopter UAS to perform aerial acquisitions, the substantial risk to life and property in the 

air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight 

crew members located onboard the aircraft, the MicroKopter UA (weighing approximately 4.6 

pounds respectively, at its maximum gross weight with a length of 31 inches and width of 31 

inches, and with no fuel on board), has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft. 

3. Performing Aerial mapping and Photography Operations With The MicroKopter UAS 

Will Benefit The Economy. 

In addition to being safe and efficient, the MicroKopter UAS is also an economical alternative 

to using manned aircraft to conduct similar aerial operations. As such, operation of the 

MicroKopter UAS will allow United States based companies, like Spurlock Land Surveying, to

remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising 

cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions 

phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and 

alternative technology in order to remain competitive. Operating the battery powered 

MicroKopter UAS is one such technology that not only allows companies greater operational 

flexibility compared to manned aircraft, but provides such flexibility without the high 

operational cost of a traditional manned aircraft. By operating the MicroKopter UAS, 

companies such Spurlock Land Surveying, can remain competitive and profitable, and 

therefore, provide greater job stability to employees and contractors, which will ultimately 

contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, 

through commercial use of the MicroKopter UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows companies to 

invest in research and development in order to remain competitive both in the United States and

abroad. Additionally, by allowing operation of the MicroKopter , Spurlock Land Surveying will 

be able to more easily work with local and state agencies to showcase the usefulness and 

wildness of a very tourism based economy, therefor improving the economy of both state and 

local businesses. 

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

Spurlock Land Surveying’s proposed operation of the MicroKopter UAS will not implicate any 

privacy issues. Specifically, the MicroKopter UAS will be operated only in compliance with 

operating documents (i.e., Monthly Maintenance Log, and MicroKopter Instruction Manual), 

which requires property owner involvement as well as local law enforcement notification, and 

in accordance with the Federal Aviation Regulations, including the minimum altitude 

requirements of 14 C.F.R. § 91.119. 16 

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E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The 

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From

Which Spurlock Land Surveying Seeks Exemption.

1. Reasons Why The MicroKopter UA Meets The Conditions Of The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333. In consideration of the size, weight, speed, and 

limited operating area associated with the unmanned aircraft and its operation, Spurlock Land 

Surveying's operation of the MicroKopter UAS meets the conditions of FMRA Section 333, and

will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification and sets

forth requirements for considering whether a UAS will create a hazard to users of the NAS or 

the public, or otherwise pose a threat to national security. Specifically, FMRA Section 333 

states the following, in part: 

(i) In General Notwithstanding any other requirement of this subtitle, and not later than 180 

days after the date of enactment of this Act, the Secretary of Transportation shall determine if 

certain unmanned aircraft systems may operate safely in the national airspace system before 

completion of the plan and rulemaking required by section 332 of this Act or the guidance 

required by section 334 of this Act.

(ii) Assessment of Unmanned Aircraft Systems. – In making the determination under 

subsection (a), the Secretary shall determine, at a minimum – 

1. which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual

line of sight do not create a hazard to users of the national airspace system or the public or 

pose a threat to national security; and 

2. whether a certificate of waiver, certificate of authorization, or airworthiness certification 

under section 44704 of title 49, United States Code, is required for the operation of 

unmanned aircraft systems identified under paragraph (1).

(iii) Requirements for Safe Operation, – If the Secretary determines under this section that 

certain unmanned aircraft systems may operate safely in the national airspace system, the 

Secretary shall establish requirements for the safe operation of such aircraft systems in the 

national airspace system. 

In seeking this exemption, Spurlock Land Surveying submits that the MicroKopter UAS can 

operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: 

(a) the characteristics of the MicroKopter UAS; 

(b) the pilot certification requirement; and 

(c) the specific operating limitations. 

Specifications Of The MicroKopter UAS Demonstrates Its Safe Characteristics. 

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2. The MicroKopter UAS does not create a hazard to users of the NAS or the public, or otherwise 

pose a threat to national security considering its size, weight, speed, and operational capability.

(i) Technical Specifications Of The MicroKopter UAS. The technical specifications of the 

MicroKopter UAS are set forth by the MicroKopter Specifications and Data Sheet. 

(ii) The MicroKopter UAS Autonomous Flight And Navigation Modes Enable The UAS To 

Remain Within A Defined Operational Area. The MicroKopter UAS may be operated in both 

manual and fully autonomous flight modes. A complete description of the flight and 

navigational modes of the MicroKopter UAS is provided herewith as “Exhibit A”. 

(iii) The MicroKopter UAS Is Designed For Automatic Return To Home Point Or Hover In The

Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the 

MicroKopter UA will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the

MicroKopter UA does not reacquire control link data from the GCS, the UA will assume that 

the Control Link is lost and the UA will return to the home position (i.e., failsafe mode) via 

GPS, and will descend to the takeoff position and shutdown. A complete description of the 

Failsafe Functions of the MicroKopter UAS attached herewith as “Exhibit A”.

(iv) The MicroKopter GCS And Its Operation. A complete description of the operation and 

specifications of the MicroKopter GCS and flight control software is provided at pages 4 

through 60 of the MicroKopter User Manual. MicroKopter User Manual is attached hereto as 

“Exhibit B”. 

b. Flight Operations Of the MicroKopter UAS is Limited To The Line Of Sight Of A 

Certificated Pilot in Command With A Safety Observer.

Spurlock Land Surveying will only utilize certificated pilots to act as a pilot in command (PIC) 

of the MicroKopter UAS. Additionally, a safety observer will assist all pilots during flight time.

c. Flights Of The MicroKopter UAS Will Be Conducted Pursuant To Specific Operating 

Limitations.

In seeking this exemption, Spurlock Land Surveying proposes to commercially operate the 

MicroKopter UAS for the special purpose of conducting aerial mapping and photography over 

certain areas of United States, pursuant to the following specific operating limitations: 

1. Operations authorized by this grant of exemption will be limited to the following aircraft 

described in the operating documents, rotorcraft UASs weighing less than 55 pounds maximum 

gross weight: MicroKopter Unmanned Aircraft Systems. Proposed operations of any other 

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

2. UAS operations under this exemption will be limited to conducting operations for the purpose 

of aerial mapping, photography and inspection. 

3. The UAs may not be flown at an indicated airspeed exceeding 20 knots. 

 Page 13 of 23
4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as 

indicated by the procedures specified in the operating documents unless a special request is 

made and approved by ATC. All altitudes reported to ATC must be in feet AGL. 

5. The UAs 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.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted. 

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The SO 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 SO can perform the 

functions prescribed in the operating documents. 

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding 

other air traffic and other ground based obstacles/obstructions and is not permitted to operate 

the camera or other instruments. 

9. The operating documents and the grant of exemption must be accessible during UAS operations

and made available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations contained in the grant of exemption and the procedures outlined in 

the operating documents, the conditions and limitations contained in the grant of exemption 

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 upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to the grant of exemption. If the 

operator determines that any update or revision would affect the basis upon which the FAA 

granted the exemption, then the operator must petition for 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. 

10. Prior to each flight the PIC must inspect the UAS to ensure that 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 must be 

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

documented in the aircraft records. 

11. 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. The PIC who conducts the functional test flight must make an entry in the aircraft 

records. 

 Page 14 of 23
12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable 

components, items, or equipment, not already covered in the relevant sections of the operating 

documents. 

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, alterations, and status of 

replacement/overhaul component parts must be noted in the aircraft records, including total 

time in service, description of work accomplished, and the signature of the authorized person 

returning the UAS to service. 

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

16. The authorized person must make an entry in the aircraft record of the corrective action taken 

against discrepancies discovered between inspections. 

17. The PIC must meet possess at least a current medical certificate. 

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria and demonstrates the ability to safely operate the UAS in a manner 

consistent with how the UAS will be operated under the exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles 

and structures. PIC qualification flight hours must be logged in a manner consistent with 14 

C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under 

the terms of the 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 non-participants, and the PIC must 

operate the UA with appropriate distance from nonparticipants in accordance with 14 C.F.R. § 

91.119. 

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All 20 

operations must be conducted under visual meteorological conditions (VMC). If flight at night 

is required, a special request will be made at the FAA office closest to proposed area of 

operations. Flights under special visual flight rules (SVFR) are not authorized. 

20. The UA may not operate within 5 nautical miles of an airport reference point 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. 

21. 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. 2

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22. If the UA loses communications or loses its GPS signal, it must return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

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

accordance with the operating documents. 

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

conditions) there is enough power to fly at normal cruising speed to the intended landing point 

and land the UA with 25% battery power remaining. 

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under the grant of exemption. This 

COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. All operations shall be 

conducted in accordance with airspace requirements in the ATO issued COA including class of 

airspace, altitude level and potential transponder requirements. 

26. All aircraft operated in accordance with the exemption 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. 

27. 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. 

28. The documents required fewer than 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 UAS is operating. These documents must 

be made available to the Administrator or any law enforcement official upon request. 21 

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

activities at all times. 

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons 

other than the PIC, SO, operator trainees or essential 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 

and/or; 

 Page 16 of 23
b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of 

such vessels, vehicles or structures has granted permission 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, and; 

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an 

undue hazard to those persons per § 91.119(a). 

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

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

owner/controller or authorized representative will be obtained for each flight to be conducted. 

33. 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. 

2. Reasons Why An Exemption From The Requirements Of Section 21 Subpart H Would 

Not Adversely Affect Safety. 

Spurlock Land Surveying submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because the UAS to be operated hereunder weighs less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or 

flammable liquid fuels, and operates exclusively within a secured area. 

Unlike other civil aircraft, the proposed operations in this petition for exemption will be 

controlled and monitored by the operator, pursuant to the Manual's requirements. These safety 

enhancements, which already apply to civil aircraft operated in connection with existing 

inspection operations, provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load. 

3. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) 

Would Not Adversely Affect Safety. 

Spurlock Land Surveying submits that the equivalent level of safety established by Section 

61.113(a) and (b) will be maintained because no PIC will be allowed to operate the 

MicroKopter UAS unless that PIC has demonstrated, by meeting minimum flight-hour and 

currency requirements, that the PIC is able to safely operate the MicroKopter UAS in a manner 

consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

 Page 17 of 23
Considering Spurlock Land Surveying’s proposed area of operations, and the operating 

limitations set forth-above; the parallel nature of private pilot aeronautical knowledge 

requirements to those of commercial pilot requirements (See Exemption No. 11062); and the 

airmanship skills necessary to safely operate the MicroKopter UAS, Spurlock Land Surveying 

submits that the additional manned airmanship experience of a commercially certificated pilot 

would not correlate to the airmanship skills necessary for Spurlock Land Surveying’s specific 

proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and 

(b) specific to UAS, in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 

11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

Spurlock Land Surveying will not allow any PIC to operate the MicroKopter UAS unless that 

PIC has demonstrated, by meeting minimum flight-hour requirements or the MicroKopter UAS

training and currency requirements, that the PIC is able to safely operate the MicroKopter UAS

in a manner consistent with this exemption, including evasive and 23 emergency maneuvers and

maintaining appropriate distances from people, vessels, vehicles and structures. Specifically, the

PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 

hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a 

UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption). In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was 

obtained in compliance with applicable regulations will ensure an equivalent level of safety 

during Spurlock Land Surveying’s proposed operations. The Administrator has held that prior 

documented flight experience that was obtained in compliance with applicable regulations 

would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose 

of motion picture filming (or similar operations), the PIC must have accumulated and logged, in

a manner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot 

including at least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior to operations 

under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 

hours as a UAS pilot operating the same make and model of UAS to be used for operations 

under the exemption. For clarification, the FAA considers these minimum hour requirements to 

be inclusive rather than additive; i.e. 5 hours make and model time may be included in the 10 

hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS 

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and 

landings in the preceding 90 days (for currency purposes). The FAA finds that at a minimum, 

the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build 

proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The 

FAA also finds that prior documented flight experience that was obtained in compliance with 

applicable regulations would satisfy this requirement. Training, proficiency, and experiencebuilding flights can also be conducted under the grant of exemption to accomplish the required 

flight time. During training, proficiency, and experience-building flights the PIC is required to 

operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. 

 Page 18 of 23
Exemption No. 11138 at page 15. Accordingly, Spurlock Land Surveying will ensure safe 

operations by not allowing any PIC to operate the MicroKopter UAS unless that PIC has 

demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is able 

to safely operate the MicroKopter UAS in a manner consistent with the exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

4. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would 24 Not 

Adversely Affect Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to

every flight, Spurlock Land Surveying will ensure that the MicroKopter UAS is in an airworthy 

condition based upon the UAS’s compliance with its operating documents and as stated in the 

conditions and limitations herein. Additionally, the FAA has previously granted relief from 

Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those 

presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161).

5. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety: 

The equivalent level of safety established by Section 91.121 will be maintained because the 

altitude information of the MicroKopter UA will be provided to the PIC via GPS equipment and

a radio communications telemetry data link, which downlinks from the UA to the GCS for 

active monitoring of the flight path and altitude. This altitude information, combined with 

Spurlock Land Surveying’s operation of the MicroKopter UA within visual line of sight, at or 

below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude 

information will be generated by GPS equipment installed onboard the aircraft. Prior to each 

flight, a zero altitude initiation point is automatically established by the UAS at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances 

similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 

11158, 11159, 11160, 11161). 

6. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety: 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the MicroKopter UAS; (2) 

the limitations on the proposed flight operations; and (3) the location of the proposed flight 

operations. Accordingly, Spurlock Land Surveying will ensure that it will safely operate the 

battery powered MicroKopter UA during daylight hours in VFR conditions, with enough 

battery power to fly for a total duration of 16 minutes to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption 

No. 11109, the technical specifications of the MicroKopter UAS; the limitations on the 

proposed flight operations; and the location of the proposed operations, will ensure an 

equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will 

 Page 19 of 23
be ensured as the MicroKopter UAS provides audible and visual warnings to the PIC at the 

GCS when the UA experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining 

battery power. At the critically low battery level, the MicroKopter UAS will descend and land 

automatically. Significantly, previous exemptions granted by the FAA concerning Section 

91.151 establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. Relief has been granted for manned aircraft to 

operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 

2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 

specific to UAS, in circumstances similar, in all material respects, to those presented herein 

(e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

7. Reasons Why An Exemption From The Requirements Of Sections91.405(a), 91.407(a)

(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety: 

In seeking this exemption, Spurlock Land Surveying submits that the equivalent level of safety 

with regard to the regulatory maintenance and alteration requirements established by Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because 

Spurlock Land Surveying will use trained technicians to perform maintenance, alterations, or 

preventive maintenance on the UAS using the methods, techniques, and practices prescribed in 

the operating documents (i.e. Operations Manual, Monthly Maintenance Log, and MicroKopter 

Instruction Manual). Furthermore, Spurlock Land Surveying will document and maintain all 

maintenance records for the MicroKopter UAS. 

Since the MicroKopter UAS will be inspected as prescribed by the operating documents, 

Spurlock Land Surveying will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the MicroKopter User Manual is attached 

hereto as Exhibit A and B; a copy of the MicroKopter UAS Maintenance LOG is attached 

hereto as Exhibit C. 

Likewise, the exemption sought will not adversely affect safety because Spurlock Land 

Surveying will use trained technicians to perform maintenance, alterations or preventive 

maintenance on the UAS using the methods, techniques, and practices prescribed by the 

operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the MicroKopter UAS 

will be performed by trained technicians. Maintenance will be documented and maintained 

utilizing the monthly maintenance log. Previous exemptions 26 granted by the FAA concerning 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that 

safety is not adversely affected when the technical characteristics and operating limitations of 

the UAS are considered. In consideration of Spurlock Land Surveying proposed operating 

limitations, the operating documents, and the technical aspects of the MicroKopter UAS, 

Spurlock Land Surveying submits that safety will not be adversely affected by granting 

exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 

91.417(a) and (b). The FAA has previously granted relief specific to UAS in circumstances 

 Page 20 of 23
similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 

11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 

11157, 11158, 11159, 11160, 11161). 

8. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) 

and 14 C.F.R. § 21.16 entitled Special Conditions, Spurlock Land Surveying requests that the 

FAA prescribe special conditions for the intended operation of the MicroKopter UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b),

91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

Such special conditions will permit safe operation of the UAs for the limited purpose of 

conducting aerial mapping, photography and inspections over certain areas of the United States 

for compensation or hire. FMRA Section 333 sets forth the requirements for considering 

whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat

to national security; and further, provides the authority for such UAS to operate without 

airworthiness certification in accordance with any requirements that must be established for the 

safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for 

operation of the MicroKopter UAS, since the airworthiness regulations of 14 C.F.R. Part 21 do 

not contain adequate or appropriate safety standards, due to the novel or unusual design features

of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or 

unusual design feature of the aircraft, aircraft engine or propeller, he prescribes special 

conditions and amendments thereto for the product. The special conditions are issued in 

accordance with Part 11 of this chapter and contain such safety standards for the aircraft, 

aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent 

to that established in the regulations. 

See 14 C.F.R. § 21.16. 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may 

prescribe special conditions for Spurlock Land Surveying intended operation of the 

MicroKopter UAS, which contain such safety standards that the Administrator finds necessary 

to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 

14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 

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

 Page 21 of 23
F. A Summary That Can Be Published In The Federal Register, stating the Rules From Which 

Spurlock Land Surveying Seeks Exemption: 

Spurlock Land Surveying seeks exemption from the requirements of 14 C.F.R Sections 21 

Subpart H, 61.113(a)&(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b).

A Brief Description Of The Nature Of The Exemptions Spurlock Land Surveying Seeks: 

This exemption will permit Spurlock Land Surveying to commercially operate an Unmanned 

Aircraft System (UAS) for the purpose of conducting aerial mapping, photography and 

inspections over certain areas of the United States. 

Any Additional Information, Views, Or Arguments Available To Support Spurlock Land 

Surveying Request.

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, Spurlock Land Surveying’s request for exemption may be 

granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth 

above. FMRA Section 333 sets forth the requirements for considering whether a UAS will 

create a hazard to users of the NAS or the public, or otherwise pose a threat to national security;

and further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, Spurlock Land Surveying will operate the MicroKopter UAS 

safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise 

pose a threat to national security. 

CONCLUSION 

As set forth herein, Spurlock Land Surveying seeks an exemption pursuant to 14 C.F.R. § 11.61 

and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will 

permit safe operation of the MicroKopter UAS commercially, without an airworthiness 

certificate, for the limited purpose of conducting aerial mapping and photography over certain 

areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the

Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Spurlock Land Surveying to safely, 

efficiently, and economically operate the MicroKopter UAS commercially within the NAS. 

In accordance with the Federal Aviation Regulations and the FAA Modernization and Reform 

Act of 2012, Section 333, Spurlock Land Surveying respectfully requests that the Administrator

grant this Petition for an exemption from the requirements of 14 C.F.R Sections 21 Subpart H, 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), and permit Spurlock Land Surveying to operate the MicroKopter UAS 

commercially for the purpose of conducting aerial mapping, photography and inspections over 

certain areas of the United States. 

 Page 22 of 23
Spurlock Land Surveying only utilizes safe and reliable MicroKopter UASs an industry leader 

in small UAS production. MicroKopter UASs are loaded with ground breaking software 

enabling the user to set parameters which will not allow flight into controlled airspace. 

Parameters can also be set to limit flight to no higher than a predetermined and set altitude as 

well as limit flight to a predetermined and set distance. In addition, MicroKopter software 

provides real-time altitude and location information to the PIC via the linked monitor (smart 

phone, notebook and/or tablet devices) 

Dated: May 28, 2015

 Respectfully, 

David Spurlock 

Spurlock Land Surveying 

868 Cliff Street, 

Lander, WY 82520

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