Ohio Valley Archaeology, Inc. 4889 Sinclair Rd, Suite 210

Columbus, Ohio 43229

TEL: (614) 436-6926

FAX: (614) 436-6945

www.ovacltd.com

June 8, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act.

Dear Sir or Madam:

In pursuant with Section 333 of the FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 11,

Ohio Valley Archaeology, Inc. (OVAI), an operator of small Unmanned Aircraft System (sUAS) for the 

aid in compliance with the National Historic Preservation Act and archaeology in general, seeks an

exemption from the Federal Aviation Regulations (FARs) to allow commercial operations of its sUASs.

OVAI’s requested exemption would allow commercial operation of DJI Phantom 2 and DJI Phantom 3 

sUASs under controlled conditions for the purpose of aerial photography, videography, mapping, 

Structure from Motion (SFM) and photogrammetry. Both sUASs weigh less than 3 lbs, have a maximum 

speed of 35 mph and have multiple built-in safety functions. OVAI would only operate the sUASs under 

conditions that are:

1. Performed in an area of operation limited in size suitable to the specific use, in advance of flight.

2. Planned in advance to minimize hazards to persons and property in the air and on the ground.

3. Operated in area of reasonably limited or controlled access to provide safety to those not involved 

in the operations.

4. Under environmental conditions that are safe for all persons and property involved and not 

involved in the operations.

5. Below 500 ft.

6. Within the line of site (LOS) of the person in control (PIC).

Conditions for sUAS operation as described in this application are consistent with and based upon 

proposed FAA sUAS regulations as outlined by the FAA on the 15th of February, 2015. Any additional 

conditions included herein have been included by OVAI to add to and enhance the safe operation of 

sUASs during operations.

The applicant contact information is:

Ohio Valley Archaeology, Inc.

Jennifer Pecora, MA

President

4889 Sinclair Road, Suite 210

Columbus, Ohio 43229

(614) 436-6926

jpecora@ovacltd.com
 Page 2 June 8, 2015

I. Statutory Authority for Requested Exemptions

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress has 

directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the national 

airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

operation of an unmanned aircraft system where it does not create a hazard to users of the national 

airspace system (“NAS”) or the public or pose a threat to national security based on the following 

considerations:

• The size, weight, speed and operational capability;

• Operation in proximity to airports and populated areas; and

• Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the Administrator decides 

a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701-44716, et seq. A party 

requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a 

whole, and (2) would not adversely affect safety or how it would provide a level of safety at least equal to 

the existing rules.

II. Ohio Valley Archaeology, Inc. Background Information

Ohio Valley Archaeology, Inc (OVAI) was established in 1997 and was incorporated in 2006 by Jennifer 

L. Pecora who is sole owner and President of the company. OVAI is an SBA certified Small Business 

(SBE), Woman Owned Small Business (WOSB) and Small Disadvantaged Business. We provide cultural 

resources services for all project types in compliance with the National Historic Preservation Act (NHPA) 

of 1966 (e.g., records searches, research, cultural resource management plans, Phase I-III archaeological 

surveys, and Section 106 & 110 NHPA documentation) and archaeological-geophysical services 

worldwide. We have completed over 800 cultural resources reports and boast an excellent agency review 

record. 

OVAI also works closely with numerous academic institutions, as well as, state, county and local 

historical societies for the purpose of archaeology and historic preservation. OVAI’s involvement with 

these institutions has been both for educational and commercial purposes and often involve collaboration 

with the general public with the intent of furthering the awareness and interest of archaeology and historic 

preservation. 

III. Public Interest

OVAI is currently an industry leader in ground based remote sensing in the form of magnetometry, 

ground penetrating radar, magnetic resistance, etc. These forms of remote sensing greatly improve the 

documentation of archaeological sites and other historical resources. They also provide new perspectives 

and yield information that was previously undetectable with traditional techniques. Being non-invasive, 

remote sensing techniques are also more cost effective. For these reasons, OVAI’s remote sensing 

services are in high demand. OVAI routinely shares its remote sensing results at professional conferences 

and in public presentations. 

OVAI’s services have garnered much public attention and interest. From Revolutionary War forts to

long-lost prehistoric Native American earthworks, archaeological and historical resources are 

economically important at the local, state, and federal levels. OVAI plays a major role in advancing the 

documentation and preservation of such resources. 
 Page 3 June 8, 2015

OVAI believes that the use of sUASs for the purpose of archaeology and historic preservation will greatly 

enhance its services both publicly and commercially. The ability to accurately collect current aerial 

photographs and incorporate them with other data will benefit the public interest in archaeology and 

historic preservation and commercial compliance with the NHPA. In addition, the ability to incorporate 

sUAS collected data into various processes, such as SFM and photogrammetry, would increase the 

educational value of a historical resource and aid in the NHPA consultation process between federal 

agencies, state historic preservation offices, and the general public. 

IV. Proposed Operations 

a). Intended use of sUAS

As mentioned above, OVAI specializes in archaeology and historic preservation for public interest and 

for compliance with the NHPA. Consequently, OVAI would incorporate sUASs to identify, document 

and evaluate archaeological and other historical resources. The sUASs would be used to: 1) accurately 

collect aerial photographs, 2) incorporate information gathered from aerial photographs into the 

management of historic resources or the planning process of commercial development, 3) when 

applicable, process the collected data with photogrammetry software to create 3-D renderings of 

landscapes and Digital Elevation Models (DEM) that can be subjected to terrain analysis, 4) apply

photographs to SFM to create 3-D renderings of historical architecture, 5) determine the visual impacts of 

proposed developments on historic resources, 6) accurately document various features related to 

historical and archaeological resources.

b). Environments in which sUAS Intend to be Operated

 

Grant of the exemption to OVAI will be subject to the following mandatory conditions, which are based

upon operating conditions set forth for operation of sUAS by public entities pursuant to Certificates of 

Authorization, with additional restrictions:

• Operations to avoid congested or populated areas, 

• Operations to be conducted over private or controlled-access property.

• Permission from land owner/controller required before commencing any flight.

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC).

• sUAS to remain within Visual Line of Sight (VLOS) of the PIC.

• Operations to occur during daylight hours.

• Above Ground Level (AGL) altitude to be restricted to 500 feet.

• No operation will be conducted within 5 NM of an airport, without authorization.

• Operation will be in accordance with the NOTAM as required by the operator's COA.

• All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

c). Equivalent Level of Safety

OVAI in collaboration with Insite Ed & Consulting has developed a Safety and Health Program that is 

implemented on all OVAI projects. OVAI will incorporate all applicable health and safety procedures 

while conducting sUAS operations. In addition, OVAI intends to incorporate the following limitations 

and conditions specific to sUAS operations:
 Page 4 June 8, 2015

• All sUASs utilized will weigh less than 55 lbs. (25 kg).

• The aircraft will remain within visual line-of-sight (“VLOS”) of the operator and / or visual

observer(s) at all times using vision unaided by any device with the exception of corrective 

lenses.

• A visual observer (“VO”) may be utilized to satisfy the VLOS and observation requirements as

defined herein.

• The aircraft will not operate over non-participating persons.

• Flight operations will be conducted only between the period of official sunrise and sunset as

defined in the Aeronautical Information Manual (AIM).

• The sUAS will yield right-of-way to other aircraft, manned or unmanned. If there is a risk of a

collision, the operator will immediately maneuver away.

• Prior to flight, the sUAS operator will assess weather conditions using FAA approved weather

sources and direct weather observation, will check airspace restrictions and TFRs and will assess

the location of people and property to lessen risks if he or she loses control of the sUAS.

• Flight operations will be conducted only with flight visibilities at or exceeding 3 statute miles.

• The sUAS will not be operated in airport flight paths, restricted airspace, or areas under current

Temporary Flight Restrictions (TFRs).

• The operator will discontinue the flight when continuing would pose a hazard to other aircraft,

people or property.

• The sUAS will not exceed an airspeed of 87 knots (35 mph).

• The sUAS will not be operated at an altitude exceeding 500 feet above ground level (“AGL”).

• Operations will not be conducted in Class A airspace.

• The operator / observer(s) will operate / observe only one sUAS at a time.

• A thorough preflight of the sUAS will be conducted by the designated person in control

• (“PIC”) prior to the first flight of the day or after any suspected or observed anomalies or damage.

• The PIC will follow the suggested preflight actions as outlined in the sUAS operator’s manual or,

if available.

• The operator will not operate an sUAS should he or she know or has any reason to know of any

physical or mental condition that would interfere with their safe operation of the aircraft.

• The sUAS will not be operated in a careless or reckless manner.

• ATC permission will be obtained prior to operations in Class B, Class C, Class D or Class E

airspace.

d). Person in Control (PIC)

• All operators will be 18 years of age or older.

• Operators or a designated OVAI official will make available to the FAA, upon request, the sUAS 

for inspection or testing.

• Operators will maintain a log of flights as practicable for future currency or flight logging 

requirements.

• An operator or a designated OVAI official will report an accident to the FAA within 10 days of 

any operation that results in damage to property, other than the aircraft, estimated to exceed 

$25,000 for repair (including materials and labor) or fair market value in the event of total loss, 

whichever is less and / or results in significant injury or death.
 Page 5 June 8, 2015

V. Requested FAR Exemptions

Ohio Valley Archaeology, Inc. requests exemption from the following regulations:

• Part 21, Subpart H.

• 45.23 (b).

• 45.25.

• 45.27 (a).

• 45.29.

• 61.113 (a) & (b).

• 61.133 (a).

• 91.7 (a).

• 91.9 (b)(2) & (c).

• 91.103.

• 91.105.

• 91.109 (a).

• 91.119.

• 91.121.

• 91.151 (a)(1) & (b).

• 91.203 (a) & (b).

• 91.405 (a).

• 91.407 (a)(1).

• 91.409 (a)(2).

• 91.417 (a) & (b).

VI. Discussion of Requested FAR Exemptions 

A). 14 C.F.R. Part 21, Subpart H – Airworthiness certificates.

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

Part 21, Subpart H (“Airworthiness Certificates”) establishes the procedural requirements and 

applicability for the issuance of airworthiness certificates as directed by 14 C.F.R. § 91.203(a)(1).

Equivalent level of safety: The sUASs operated will have a gross weight less than 55 lbs. and will be 

flown at speeds less than 87 knots (100 mph). They do not carry a pilot or passengers, do not carry

flammable fuels and will be operated in well-defined locations using an operator and, if deemed required 

by OVAI, a visual observer(s). All operations will be conducted in compliance with the limitations and 

conditions stated in this petition for exemption. 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 upon 

consideration of the sUASs’ size, weight, speed, operational capability and proximity to airports and 

populated areas.

The characteristics and conditions under which the sUASs will be operated, as outlined in this petition, 

given the size, weight, speed, operation capability and proximity to airports and populated areas, achieve 

or exceed the equivalent level of safety over a manned aircraft with an airworthiness certificate used for 

the purposes outlined in this petition.
 Page 6 June 8, 2015

The FAA will have advance notice of all operations through the filing of Certificates of Waiver or 

Authorizations (COA) and, if deemed required by the FAA, the filing of Notices to Airman (NOTAMS) 

not more than 72 hours, but not less than 48 hours, prior to conducting operations under this grant of 

exemption.

The FAA has stated that no exemption is required from this section if a finding is made under the Reform 

Act that an sUAS provides an equivalent level of safety when compared to aircraft normally used for the 

same application. See granted exemptions 11138, 11062, 11067, 11080, 11114 and 11112.

B). 14 C.F.R § 45.23 (b) – Display of marks; general.

Regulation 14 C.F.R. § 45.32 (b) states: “...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.”

Equivalent level of safety: These sUAS does not have a “cabin, cockpit or pilot station entrance” therefore 

the required marks cannot be displayed “near each entrance.” Additionally, letters not less than 2 inches 

nor more than 6 inches may not be practical given the small size of the sUAS. If the sUAS is too small to 

display markings in the size described in regulation § 45.23 (b), then markings will be displayed in the 

largest practicable manner.

C). 14 C.F.R. § 45.25 – Location of marks on fixed winged aircraft.

Regulation 14 C.F.R. 45.25 describes the marking requirements on fixed winged aircraft. It states that the 

aircraft, “...must display the required marks on either the vertical tail surfaces or the sides of the 

fuselage...”. It continues to describe the specific locations on which marks may be displayed.

Equivalent level of safety: An sUAS does not carry a pilot or passengers, does not have a cabin and may 

have a design that is significantly different than traditional manned aircraft. As such, the markings 

requirements of 14 C.F.R. § 45.25 may not be feasible given the design and layout of the aircraft. To 

provide an equivalent level of safety, the sUAS will display required markings on conspicuous locations 

of the aircraft.

D). 14 C.F.R. § 45.27 (a) – Location of marks; nonfixed-wing aircraft.

Regulation 14 C.F.R. 45.27 (a) states: “Each operator of a rotorcraft must display on that rotorcraft 

horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23.”

Equivalent level of safety: An sUAS does not carry a pilot or passengers, does not have a cabin and may 

have a design that is significantly different than traditional manned aircraft. As such, the markings 

requirements of 14 C.F.R. § 45.25 may not be feasible given the design and layout of the aircraft. To 

provide an equivalent level of safety, the sUAS will display required markings on conspicuous locations 

of the aircraft.

E). 14 C.F.R. § 45.29 – Size of marks.

Regulation 14 C.F.R. 45.29 describes the required size of marks and the characteristic of lettering for 

aircraft. In many cases it dictates that marks must be at least 12 inches high.
 Page 7 June 8, 2015

Equivalent level of safety: An sUAS is, by definition, significantly smaller and may have a design and 

layout significantly different than traditional manned aircraft. As such, the size and layout of markings as 

stated in 14 C.F.R. § 45.29 may not be feasible due to the inherent characteristics of sUASs. To provide 

an equivalent level of safety, the sUAS will display required markings on conspicuous locations of the 

aircraft. If the aircraft is too small to display markings in standard size, then the aircraft will display 

markings in the largest practicable manner.

F). 14 C.F.R § 61.113 (a) & (b) and 14 C.F.R. § 61.133 (a) - Private pilot privileges and

limitations; pilot in command; commercial pilot privileges and limitations.

Regulation 14 C.F.R. § 61.113 restricts private pilots from flying aircraft for compensation or hire and 

would require a second class medical certificate. Regulation 14 C.F.R. § 61.133 requires a pilot to hold a 

commercial pilot’s license when acting as pilot in command of an aircraft used for compensation or hire. 

This is intended to ensure that the skill and competency of any PIC matches the airspace in which the PIC 

will be operating, as well as requiring certifications if the pilot is carry passengers or cargo for hire.

Equivalent level of safety: OVAI’s UASs will be operated as part of a commercial operation, however 

they do not carry passengers or cargo. Additionally, they remain below 500 feet AGL, are operated at less 

than 87 knots (100 mph), will not be operated over non-participating individuals, are under 55 lbs. and do 

not carry flammable fuel. In FAA Docket No. FAA-2014-0352, the FAA determined that sUAS 

operations did not warrant the additional cost and restrictions imposed by requiring the operator to have a 

commercial pilot certificate and class II medical certificate.

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

The regulations states: “No person may operate a civil aircraft unless it is in airworthy condition.”

Equivalent level of safety: The FAA has stated that no exemption is required to the extent that the 

requirements of Part 21 are waived or found inapplicable. OVAI requests that the requirements for § 91.7 

be treated in accordance with FAR Part 21 Subpart H. Additionally, OVAI operators will inspect the 

aircraft prior to flight in order to ensure it is in a condition that is safe for flight. See granted exemption 

11062.

H). 14 C.F.R. § 91.9 (b)(2) & (c) – Approved flight manual in the aircraft.

Regulation 14 C.F.R. § 91.9 (b)(2) states: “No person may operate a U.S.-registered civil aircraft ... 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.”

Regulation 14 C.F.R. § 91.9 (c) states: “No person may operate a U.S.-registered civil aircraft unless that 

aircraft is identified in accordance with part 45 of this chapter.”

Equivalent level of safety: OVAI requests an exemption from this regulation in part as outlined in the 

request for exemption from regulation 14 C.F.R. § 91.203 (a) and (b). An equivalent level of safety will 

be achieved by maintaining the proper documentation at the location of the Ground Control Station 

readily available to the operator. This includes the sUAS operation manual as provided by the 

manufacturer or equivalent documents as created by OVAI. Additionally, the FAA, in accordance with 

FAA Office of Chief Counsel’s Opinion dated August 8, 2014, the UAS flight manual, registration 
 Page 8 June 8, 2015

certificate and other documentation will be kept at the control station with the operator during flight. The 

Chief Counsel’s Office has held that for all UAS operations, this alternate method constitutes full 

compliance with the regulations. See granted exemption 11062.

I). 14 C.F.R. § 91.103 – Preflight action.

14 C.F.R. § 91.103 requires the PIC to become familiar with specific information before each flight, 

including information contained in the FAA-approved Flight Manual on board the aircraft.

Equivalent level of safety: The sUAS does not have a Flight Manual on board because of its inherent 

design and lack of on board pilot. The operator will review information prior to flight to maintain the 

safety of the operation, including but not limited to, the weather, battery levels, landing and takeoff 

distances and aircraft performance data. The operator will refer to the manufacturer supplied sUAS 

manual for technical data and information as provided. The manual will be kept at the ground station 

during operations.

The FAA has stated that no exemption is required (see Grant of Exemption No. 11062, p. 20) however, an 

exemption is requested to the extent that an FAA-approved Flight Manual is required.

J). 14 C.F.R. § 91.105 - Flight crewmembers at stations.

This section contains requirements for crewmembers during takeoff and landing of the aircraft. The 

regulation requires crewmembers to be at the crewmember’s station unless absence is necessary to 

perform their duties. It also requires crewmembers to keep safety belt(s), including their shoulder harness 

if so equipped, fastened.

sUASs do not carry pilots or passengers and therefore do not have a “crewmember station.” However 

sUASs do have a Ground Control Station from which an operator controls the aircraft via radio signals. 

The Ground Control Station may be at a fixed location or may be movable. However, because it is not a 

physical part of the aircraft, the Ground Control Station may not have a seat(s) and does not utilize safety 

belts.

Visual observers, when deemed necessary by OVAI, may be at various locations in the vicinity of the 

flight operations area in order to provide the best line of sight view of the sUAS during flight. The visual 

observers may or may not be at a fixed location and may or may not utilize a seat. The seat will not be 

equipped with safety belts.

Equivalent level of safety: The sUAS operator will remain at the Ground Control Station where the 

control of the aircraft takes place for the duration of the flight. Visual observers, when deemed necessary 

by OVAI, will be positioned in the flight operations area according to the operator’s determination of the 

optimal viewing area given the planned flight. The use of safety belts is not feasible because the 

crewmember stations are not physically a part of the aircraft and are not in motion.

K). 14 C.F.R. § 91.109 (a) – Flight instruction.

14 C.F.R. § 91.109 (a) states 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.” sUASs do 

not have functioning dual controls by design. They are piloted using a Flight Control System / Ground 

Control Station that communicates with the aircraft via radio signals.
 Page 9 June 8, 2015

Equivalent level of safety: During flight instruction, there are no pilots or passengers on the aircraft and 

the Ground Control Station will be a safe distance from the aircraft. The aircraft will remain a safe 

distance from non-participating individuals causing no safety hazard. Given the size and speed of the 

sUAS, an equivalent level of safe training can be performed without dual controls because no pilot or 

passengers are aboard the aircraft and it is a safe distance from the public and structures.

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

aircraft. See Granted Exemptions: 11109, 11138 and 11110.

L). 14 C.F.R. § 91.119 – Minimum safe altitudes.

14 C.F.R. § 91.119 prescribes that an aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle or structure. The nature of the operations described herein may require operation in 

relatively close proximity to items such as power line towers or poles. However, operations will not be 

conducted over non-participating individuals.

Equivalent level of safety: The sUASs operated by OVAI are far smaller than manned aircraft, such as 

rotorcraft and fixed winged aircraft, used for similar operations. Additionally, the sUASs do not carry a 

pilot or passengers, weigh less than 55 lbs., do not carry flammable fuel, will not exceed 87 knots (100 

mph) and will not be operated over non-participating persons. The sUASs will be operated below 500 feet 

AGL with the use of an operator and, if determined to be required by OVAI, a visual observer(s) to avoid 

risk to aircraft, persons and property. This provides an equivalent or greater level of safety than achieved 

with conventional aircraft currently performing similar operations See Granted Exemptions: 4063, 

11138, 11136, 11112, 11110, 11109, 11080, 11066, 11063, 11062 and

11067.

M). 14 C.F.R. § 91.121 – Altimeter settings.

14 C.F.R. § 91.121 requires an aircraft to be operated by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure when operating below 18,000 feel MSL. Some

sUAS contain a barometric pressure sensor. Others utilize GPS sensors to determine altitude. Typically 

barometric pressure sensors are corrected to the point of takeoff; not a departure airport.

Equivalent level of safety: The operator will confirm the elevation of the launch site prior to launch. This 

will be compared to the GPS sensor or barometric sensor derived altitude as displayed on the sUAS 

telemetry reading at the Ground Control Station. The operator will then determine the maximum 

permissible altitude to maintain flight below 500 feet AGL and will not exceed this altitude. The 

maximum permissible altitude will also be monitored and estimated by visual means through the use of 

the operator and / or visual observer(s) as a secondary backup to sUAS telemetry data. This provides a 

level a safety equal to or exceeding the regulation. See Granted Exemptions: 11153, 11150, 11138, 

11136 and 11159.

N). 14 C.F.R. § 91.151 (a)(1) & (b) – Fuel requirements for flight in VFR conditions.

14 C.F.R. § 91.151 (a) (1) states: “No person may begin 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...”
 Page 10 June 8, 2015

14 C.F.R. § 91.151 (b) states: “No person may begin a flight in a rotorcraft under VFR conditions unless 

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

landing and, assuming normal cruising speed, to fly after that for at least 20 minutes.” The sUAS will be 

operated only during daylight hours in VFR conditions. The technical limitations of most sUASs limit 

total flight time to approximately 30 minutes before the battery is depleted. This means that no 

meaningful flight time would be possible given the limitations of § 91.151 (a) (1) and (b).

Equivalent level of safety: The sUAS flight will be terminated with at least 20% reserve power. This 

allows the sUAS to return to its landing zone with adequate power remaining to conduct a safe and 

controlled landing. Given the sUAS’s size, weight and speed, the sUAS when operated with this 

limitation provides an equivalent or greater level of safety than manned aircraft represented by this 

regulation. See Granted Exemptions: 2689F, 5745, 10673, 10808, 11138, 11136, 11112, 10650 and 

10159.

O). 14 C.F.R. § 91.203 (a) & (b) – Carry civil aircraft certification and registration.

The regulation states: (a) “...no person may operate a civil aircraft unless it has ... an appropriate and 

current airworthiness certificate.” Furthermore: (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.”

Equivalent level of safety: In regard to 14 C.F.R. § 91.203 Part (a), an equivalent level of safety is 

achieved through the methods and characteristics as outlined in the request for exemption from 14 C.F.R. 

Part21, Subpart H.

In regard to 14 C.F.R. § 91.203 Part (b), the sUAS does not carry a pilot or passengers, does not have a 

“cabin or cockpit entrance” and does not have onboard storage in which to carry certification and 

registration documents. An equivalent level of safety will be achieved by maintaining the proper 

documentation at the Ground Control Station readily available to the operator. The FAA has issued 

numerous exemptions to this regulation. See granted exemptions 9565A, 9565B, 9789, 9789A, 9797,

9797A, 9816A and 9816.

Additionally, the FAA, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014,

the UAS flight manual, registration certificate and other documentation will be kept at the control station 

with the operator during flight. The Chief Counsel’s Office has held that for all UAS operations, this 

alternate method constitutes full compliance with the regulations. See granted exemption 11062.

P). 14 C.F.R. §§ 91.405 (a), 91.407 (a)(l), 91.409 (a)(2), 91.417 (a) & (b) – Maintenance

inspections.

The regulations 14 C.F.R. §§ 91.405 (a), 91.407 (a)(1), 91.409 (a)(2) and 91.417 (a) & (b) specify

maintenance and inspection standards in reference to 14 C.F.R. Part 43. Specifically, 14 C.F.R. § 91.405

(a) requires that each owner or operator of an aircraft, “...[s]hall have the aircraft inspected as prescribed 

in subpart E of this part and shall between required inspection ... have discrepancies repaired as 

prescribed in part 43 of this chapter.” An exemption is required from these regulations because Part 43 

and these sections apply only to aircraft with an airworthiness certificate, which the sUASs will not have.

Equivalent level of safety: The sUASs will be maintained and inspected in accordance with the 

manufacturer-supplied manual. This includes maintenance, overhaul, replacement and inspection 
 Page 11 June 8, 2015

requirements for the sUASs. The operator, prior to the first flight of the day and as deemed necessary

otherwise, will undertake preflight inspection procedures in order to ensure the sUAS is in a condition for 

safe operation. Discrepancies that may affect the safety of flight will be addressed and repaired if

required. The operator, and OVAI, will maintain the sUASs in a condition for safe operation. Given the 

size, characteristics and operating limitations of sUASs as described herein, this provides a level of safety

equivalent to or greater than manned aircraft performing similar operations.

Ohio Valley Archaeology, Inc. contends that given the size, weight, speed, operating capabilities, lack of 

proximity to restricted or populated areas, operation within visual line of sight, national security and the 

conditions discussed in this application satisfy the criteria set forth in section 333 of the Reform Act; 

furthermore, given that the public interest in archaeology and historic preservation is already high, the use 

of sUASs will only advance the public’s awareness and knowledge of historic properties. The applicant 

is thankful for the Federal Aviation Administration’s time and consideration.

Sincerely,

Jennifer L. Pecora, MA

President