ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

9 July, 2015 

Brenda Robeson 

Program Analyst, Airmen and 

Airspace Rules Division 

800 Independence Ave. SW 

Washington, D.C. 20591 

Dear Ms. Robeson 

We are in receipt of your letter dated 26 June, 2015 notifying us of the FAA request for 

additional information required to process our request for exemption from several provisions of 

Title 14 of the Code of Federal Regulations (C.F.R.). In your letter you indicated we needed to 

provide: “The reasons why granting the request would be in the public interest: That is, how it 

would benefit the public as a whole.” The section below provides the requested information. 

Also attached is our original request with the paragraphs below inserted to provide a complete 

document. 

Reason why granting the request would be in the public interest 

This exemption application is submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before completion of 

the rulemaking required under Section 332 under the same act. By granting an exemption the 

FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions 

in low risk environments.” See Exemption No. 11335, Regulatory Docket No. FAA–2014-1106, 

p.11 

The use of small unmanned aircraft (sUAS) for infrastructure inspection can significantly reduce 

the risk to workers of falls while inspecting, surveying, or monitoring numerous projects. sUAS 

can inspect, photograph, and collect real time data in hard to get to areas that as of now require 

worker inspection. Falls are the leading source of workplace fatality and injury on construction 

sites accounting for 36% of total deaths according to OSHA statistics and a reduction of falls 

through the use sUAS for site imaging and inspection could save workers’ lives, which is 

undoubtedly in the public interest. The petitioned aircraft is under the fifty-five pound threshold 

and carries no combustible material on board, as opposed to the much larger conventionally 

powered aircraft. Shifting to sUAS from other manned assets presents a marked safety increase 

for workers and the public. See similar approved Exemption No. 11335, Regulatory Docket No. 

FAA–2014-1106, p 11 
               

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

As stated “The FAA finds that a grant of exemption is in the public interest. The enhanced safety 

achieved using a UA with the specifications described by the petitioner and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying 

crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation 

enabled by this exemption is in the public interest.” See Exemption No. 11062, Regulatory 

Docket No. FAA–2014–0352, p. 22 

Thank you for the notification and allowing us to provide the additional information. Should you 

have any further request for information, please feel free to contact me again. 

Respectfully,

        

        Marcel Piet

President‐UAS Services

        603‐836‐0588 X122 | Cell: 207‐651‐3476    

        Email: mpiet@agts.us

 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Manager, Flight Standards Service 

Unmanned Aircraft Systems Integration Office 

Federal Aviation Administration 

800 Independence A venue, SW 

Washington, DC 20591 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

 

 ArgenTech Solutions respectfully requests an exemption from several provisions of Title 

14 of the Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial 

systems (sUAS) to assist in the evaluation and inspection of Public Utilities, Infrastructure, 

Forest Fire monitoring and Emergency Public Response. This request is motivated primarily by 

the desire to maximize safety during hazardous operations, as well as assisting with public 

emergencies and to mitigate any safety concerns associated with such operations. While an 

exemption would not eliminate the current need for in-person visual inspection and monitoring it 

would allow ArgenTech Solutions to evaluate assets and infrastructure with sUAS, resulting in a 

safer and more efficient valuation of public utilities, infrastructure, wild fire monitoring and 

emergency public response. 

Company Profile 

 ArgenTech Solutions (AgTS) is a Veteran-Owned Small Business that was formed in 

March 2009 as a NH-based S-corporation. Our company core competencies include providing 

Unmanned Aerial System (UAS) Field Service Representatives (FSRs) in support of DoD and 

civilian industry. AgTS is a professional aviation organization with significant experience in 

UAV operation. 

 AgTS has supported 182 deployments with a combined total of 20,000 deployed days. As 

an aggregate, AgTS’ 50 highly trained Field Service Representative’s (FSR) have accumulated 

over 40,000 hours of experience as Pilot in Command (PIC) with over 13,000 UAS launches and 

recoveries for Group II and higher UAS. Our average FSR experience level is >950 hours PIC, 

>650 launches and recoveries. 

NOTE: 

All information pertaining to this system can be found in Appendix A (OEM manual). 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

ArgenTech Solutions hold's Unmanned Aircraft insurance with United States Aircraft Insurance 

Group (Policy Number SIHL1-142Y). 

ArgenTech Solutions intends to use the 3DRobotics Aero-M (The OEM Manual of which is 

attached as Appendix A) in its sUAS operations. 

ArgenTech intends to adopt 

 ASTM F2500-07 Standard Practice for Unmanned Aircraft System (UAS) Visual Range 

Flight Operations (Attached as Appendix B) 

 ASTM F2909-14 Standard Practice for Maintenance and Continued Airworthiness of 

small Unmanned Aircraft Systems (Attached as Appendix C). 

Reason why granting the request would be in the public interest 

This exemption application is submitted to fulfill Congress’ goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider 

whether certain unmanned aircraft systems may operate safely in the NAS before completion of 

the rulemaking required under Section 332 under the same act. By granting an exemption the 

FAA will fulfill Congress’ intent of allowing UAS to operate with significant safety precautions 

in low risk environments.” See Exemption No. 11335, Regulatory Docket No. FAA–2014-1106, 

p.11 

The use of small unmanned aircraft (sUAS) for infrastructure inspection can significantly reduce 

the risk to workers of falls while inspecting, surveying, or monitoring numerous projects. sUAS 

can inspect, photograph, and collect real time data in hard to get to areas that as of now require 

worker inspection. Falls are the leading source of workplace fatality and injury on construction 

sites accounting for 36% of total deaths according to OSHA statistics and a reduction of falls 

through the use sUAS for site imaging and inspection could save workers’ lives, which is 

undoubtedly in the public interest. The petitioned aircraft is under the fifty-five pound threshold 

and carries no combustible material on board, as opposed to the much larger conventionally 

powered aircraft. Shifting to sUAS from other manned assets presents a marked safety increase 

for workers and the public. See similar approved Exemption No. 11335, Regulatory Docket No. 

FAA–2014-1106, p 11 

As stated “The FAA finds that a grant of exemption is in the public interest. The enhanced safety 

achieved using a UA with the specifications described by the petitioner and carrying no 

passengers or crew, rather than a manned aircraft of significantly greater proportions, carrying 

crew in addition to flammable fuel, gives the FAA good cause to find that the UAS operation 

enabled by this exemption is in the public interest.” See Exemption No. 11062, Regulatory 

Docket No. FAA–2014–0352, p. 22 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Regulatory Provisions from which ArgenTech Solutions seeks an Exemption 

 ArgenTech Solutions believes it may need an exemption from the following provisions to 

conduct the contemplated operations. In some instances, relief is needed because relief from 

another provision renders compliance with the regulation at hand infeasible. 

 14 C.F.R. §61.113(a) and (b) 

 14 C.F.R. §91.7(a) 

 14 C.F.R. §91.9(b)(2) 

 14 C.F.R. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

 ArgenTech Solutions believes an exemption is only needed from the above-listed 

regulatory provisions. To the extent that the FAA believes that additional relief is required for 

ArgenTech Solutions to conduct the operations described here, we request an exemption from 

any such regulatory provisions as well.

The Extent of Requested Relief and the Reasons Relief is Needed 

14 C.F.R. §61.113(a) and (b) 

 

 §61.113 Private pilot privileges and limitations: Pilot in command. 

 (a) Except as provided in paragraphs (b) through (h) of this section, no person 

 who holds a private pilot certificate may act as pilot in command of an aircraft 

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

 person, for compensation or hire, act as pilot in command of an aircraft. 

 (b) A private pilot may, for compensation or hire, act as pilot in command of an 

 aircraft in connection with any business or employment if: 

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

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

 hire. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

ArgenTech Solutions specially trained employees will conduct the sUAS operations. While these 

individuals will have private pilot licenses, they will not hold commercial pilot licenses. The 

sUAS will not carry property for compensation or hire since they will be used solely to assist in 

evaluation and inspections of public utilities and infrastructure. Without an exemption, the pilot 

would be required to hold a commercial pilot certificate under §61.133. However, the 

risk associated with the contemplated operations is less than the risk posed by a traditional 

aircraft. The sUAS will fly at altitudes well below the permissible limits for other civil aircraft, 

eliminating the risk to other aircraft, and within a geographical envelope under the sole control of 

ArgenTech Solutions. Accordingly, the risk would be limited to ArgenTech personnel, who will 

be appropriately outfitted in safety gear. Requiring a commercial pilot certificate would provide 

no appreciable safety benefit and would needlessly impose additional cost on ArgenTech. 

Because the contemplated operations would not comply with §61.113(b)(1) and none of the other 

exceptions to paragraph (a) apply, relief is needed from both paragraphs (a) and (b). 

14 C.F.R. 91.7(a) 

 §91.7 Civil aircraft airworthiness. 

 (a) No person may operate a civil aircraft unless it is in an airworthy condition. 

 (b) The pilot in command of a civil aircraft is responsible for determining 

 whether that aircraft is in condition for safe flight. The pilot in command shall 

 discontinue the flight when un-airworthy mechanical, electrical, or structural 

 conditions occur. 

 There is no clear definition of “airworthy,” and the term has been defined in various ways 

depending on the circumstances.In all instances, it appears that the concept includes a 

requirement that the airplane 1) conforms to the aircraft’s type design or its type certificate, as 

modified by supplemental type certificates and airworthiness directives, and 2) be in condition 

for safe operations. The sUAS will not have a type design or type certificate, as the FAA has not 

developed standards applicable to sUAS. As discussed later in this document, the types of 

operations contemplated by ArgenTech will not qualify the sUAS for an experimental 

airworthiness certificate. Accordingly, relief from §91.7(a) is required. Should the FAA include 

airworthiness requirements as a condition of exercising the exemption, ArgenTech will assure 

the continued airworthiness of the sUAS. Regardless, ArgenTech believes that it can meet the 

requirements of §91.7(b) and is not requesting an exemption from that provision. 

14 C.F.R. 91.9(b)(2) 

 §91.9 Civil aircraft flight manual, marking, and placard requirements. 

 *** 

 (b) No person may operate a U.S.-registered civil aircraft -- 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 *** 

 (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 

 of this chapter unless there is available in the aircraft a current, approved manual 

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

 ***** 

 The sUAS comes with access to online manuals that provide instructions for the safe 

operation and maintenance of the aircraft. Compliance with this regulatory provision is not 

possible because this information has not been, and cannot be, approved by the FAA since there 

are no applicable standards established by the FAA against which to evaluate it. Additionally, 

the sUAS is too small to carry a printed manual. Since, by definition, there will never be a 

person aboard the sUAS, ArgenTech submits that there is no need to require the manual to be 

placed on the sUAS and an exemption is appropriate. Safety will be maintained by keeping the 

flight manual at the ground control point where the PIC will have immediate access to it. Since 

the sUAS cannot be operated without the Ground Control Station containing the manuals, there 

is minimal risk that the manuals will become separated from the sUAS, and ArgenTech will be 

able to immediately locate the manuals to effectuate any needed repairs on the sUAS detailed in 

the flight manual. 

14 C.F.R. 91.109 

 §91.109 Flight instruction; simulated instrument flight and certain flight 

 tests. 

 

 (a) 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.... 

 

 Small UASs, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a Ground Control Station that communicates with the aircraft 

via radio communications (C2 Link). Aircraft being considered for use by ArgenTech allows the 

UAS Instructor to place the aircraft into ‘loiter’ mode (fixed altitude stationary hold). In the 

event of the student losing control, the UAS Instructor can quickly and via alternate equipment 

(equipment not in the hands of the student) place the aircraft into a mode that then allows the 

instructor to bring the aircraft back into control and back to the pre-determined and/or safe 

landing location. 

14 C.F.R. 91.119 

 §91.119 Minimum safe altitudes: General. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 Except when necessary for takeoff or landing, no person may operate an aircraft 

 below the following altitudes: 

 *** 

 (c) Over other than congested areas. An altitude of 500 feet above the surface, 

 except over open water or sparsely populated areas. In those cases, the aircraft 

 may not be operated closer than 500 feet to any person, vessel, vehicle, or 

 structure. 

 ***** 

 ArgenTech submits that the only relief it requires from §91.119 is from the minimum 

altitudes listed in paragraph (c). Relief is required from paragraph (c) for fixed wing operations 

because asset evaluation conducted at 500 feet or higher is insufficiently distinct to be 

meaningful. Since operations at this altitude also pose a heightened risk of collision with another 

aircraft, safety can only be assured through the grant of an exemption. The anticipated aircraft 

operations should be adequately addressed by paragraph (d) (1). Additionally, relief should not 

be needed from paragraph (a) because an emergency landing of the aircraft due to a power 

failure will not create an undue hazard to persons or property on the surface. As noted in the 

explanation of why an exemption will not adversely affect safety, 

 ArgenTech will have exclusive use of the land over which the sUAS will be operated, 

and public access is restricted. Controlled access to public utility land, structures or emergency 

response areas assure that no individuals unassociated with the planned operations are within the 

affected area of operations. ArgenTech personnel are required to wear mandatory safety 

equipment, including hard hats, safety glasses whenever dispatched to a work site. As such, the 

risk of injury is minimal. ArgenTech does not contemplate conducting operations over congested 

areas, so relief is not requested from paragraph (b). 

14 C.F.R. 91.151 

 §91.151 Fuel requirements for flight in VFR conditions. 

 (a) 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. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 (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. 

 

 Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does 

not raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in 

the event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. ArgenTech does not intend to use the sUAS for point-to-point flights 

and will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport 

in order to land. Rather, ArgenTech will operate the sUAS using pre-planned flight paths (taking 

into account weather conditions) designed to allow the sUAS to fly to the point of intended 

landing. As such, there is no need for a time-based excess fuel requirement. Rather it should be 

sufficient to require only as much additional excess flight capacity as necessary to safely land the 

sUAS. We believe that a 20% energy reserve is more than sufficient to meet this objective. 

14 C.F.R. 91.203(a) and (b) 

 § 91.203 Civil Aircraft: Certifications required. 

 (a) Except as provided in §91.715, no person may operate a civil aircraft unless it 

 has within it the following: 

 (1) An appropriate and current airworthiness certificate. *** 

 (2) An effective U.S. registration certificate issued to its owner or, for 

 operations within the United States, the second copy of the Aircraft 

 Registration Application as provided for in §47.31(c), or a registration 

 certification issued under the laws of a foreign country. 

 (b) No person may operate a civil aircraft unless the airworthiness certificate 

 required by paragraph (a) of this section or a special flight authorization issued 

 under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

 passengers or crew. 

 ***** 

The sUAS that ArgenTech intends to operate will not qualify for an airworthiness certificate 

unless the FAA chooses to issue them a restricted category certificate. This is because the sUAS 

do not meet the current conditions for either a standard airworthiness certificate or an 

experimental airworthiness certificate. Notably, under 14 C.F.R. §21.191,8 experimental 

airworthiness certificates are only available for research and development, showing compliance 

with regulations, crew training, exhibitions, air racing, market surveys, operating amateur-built 

aircraft, operating primary kit-built aircraft and operating light-sport aircraft. Until such time as 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

the FAA develops airworthiness standards applicable to sUAS for non-recreational and 

nonexperimental use, ArgenTech submits that the FAA should consider exemptions to the 

requirements of §91.203(a). The absence of such exemptions hinders the development of sUAS 

and applicable uniform standards since it is only through the development of the aircraft that the 

FAA can reliably evaluate them and determine appropriate design standards. 

 Section 333 of the Modernization Act authorizes the FAA to exempt aircraft from the 

requirement for an airworthiness certificate based on a consideration of the size, weight, speed, 

operational capability of the particular UAS, as well as its proximity to airports and populated 

areas. An analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate in the areas and under the conditions contemplated by ArgenTech will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an 

airworthiness certificate without the conditions proposed in this request. The sUAS is less than 

55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively within a 

secured area as set out in the UAS Operating Manual (Appendix B). Unlike other civil aircraft, 

operations under this exemption will be tightly controlled and monitored by the operator and 

observer. Operations will be conducted in compliance with the FAA and with local public safety 

requirements to provide security for the area of operation. Lastly, application of these same 

criteria demonstrates that there is no credible threat to national security posed by the sUAS, due 

to its size, speed of operation, location of operation, lack of explosive materials and inability to 

carry a substantial external load. 

 If the FAA waives the requirements of paragraph (a) (1), then it is technically impossible 

to comply with paragraph (b), so an exemption is merited there as well. 

14 C.F.R. 91.405(a), 91.407(a) (1) and 14 C.F.R. 91.409(a) 

 §91.405 Maintenance required. 

 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; 

 ***** 

 §91.407 Operation after maintenance, preventive maintenance, rebuilding, or 

 alteration. 

 (a) No person may operate any aircraft that has undergone maintenance, 

 rebuilding, or alteration unless – 

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

 §43.7 of this chapter; 

 ***** 

 §91.409 Inspections. 
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

 (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. 

 ***** 

 ArgenTech believes that an exemption from these three maintenance requirements is 

appropriate because the FAA has not developed maintenance standards that would allow an 

operator to meet the part 91 maintenance requirements. In particular, there are no individuals 

authorized by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct 

the initial airworthiness and annual return to service inspections required by §91.409(a). 

ArgenTech will maintain the aircraft as instructed in the owner’s manual and ASTM 

F2909(Attached as Appendix C), where applicable, and will not operate the aircraft until it has 

reasonably determined that any needed repairs have been made. However, because of the 

technical impossibility of meeting the requirements of §§91.405(a), 407(a) and 409(a), we 

believe an exemption from these provisions 

is appropriate. 

 Please do not hesitate to contact me at the phone number or via the e-mail address 

provided above should you have any questions or concerns. 

        Respectfully,

        

        Marcel Piet

President‐UAS Services

        603‐836‐0588 X122 | Cell: 207‐651‐3476    

        Email: mpiet@agts.us
                 

ArgenTech Solutions, Inc.

16701 SE McGillivray Suite 210

Vancouver, WA 98683

Summary for Federal Register Publication 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register should the FAA determine that publication is needed. 

Petitioner: ArgenTech Solutions 

Sections of 14 C.F.R. Affected: 

 14 C.F.R. §61.113(a) and (b) 

 14 C.F.R. §91.7(a) 

 14 C.F.R. §91.9(b) (2) 

 14 C.F.R. §91.109(a) 

 14 C.F.R. §91.119 

 14 C.F.R. §91.151 

 14 C.F.R. §91.203(a) and (b) 

 14 C.F.R. §91.405(a) 

 14 C.F.R. §91.407(a) 

 14 C.F.R. §91.409(a) 

Description of Relief Sought: Petitioner seeks relief from the requirements of 14 C.F.R. §§45.29, 

61.113(a) & (b), 91.7(a), 91.9(b)(2), 91.119, 91.121(a), 91.151, 91.203(a) &(b), 91.405(a), 

91.407(a) and 91.409(a) to conduct sUAS operations over privet and publicly owned or 

controlled land, solely during daylight hours, to assist in the safe evaluation and analysis of 

public utility's and infrastructure and operations. In general, sUAS operations are intended to be 

conducted in areas remote from both congested areas and airports. The nature of operations 

anticipated by ArgenTech requires that the sUAS be flown at relatively low altitudes. ArgenTech 

expects that in most instances, the sUAS will be flown less than 75 feet from the highest 

structure along the path of the sUAS and in no instances will be flown higher than 400 feet above 

the ground. Accordingly, the risk of interference with other aircraft is minimal.