Original 01/21/2015 Page 1

January 21, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Petition under Section 333 of the FAA Modernization & Reform Act, and 

Title 14 Part 11 of the Code of Federal Regulations (CFR)

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization & Reform Act and 14 C.F.R. Part 11, 

Galaxy UAV Systems (Galaxy), a subsidiary of Galaxy Aviation Inc., a Part 145 FAA 

Certified Repair Station (FAA Air Agency # 5GXR127C), hereby applies for the grant of 

exemption from certain Federal Aviation Regulations for Universeye Penguin 

Unmanned Aircraft (Penguin) manufactured by Finwing Technology of China.

The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the Penguin to support agriculture and aerial surveying

missions utilizing geographic referenced mapping system.

The Penguin consists of a lightweight (5 lb) battery operated fixed wing aircraft, a 

computer based ground control station (GCS), onboard cameras and associated 

communications equipment.

The Penguin Unmanned Aircraft has previously demonstrated to have successfully met 

the safety and operational requirements resulting in approval of a COA by FAA 

authorizing a major university in Texas to operate it.

The aircraft carries an onboard geographic referenced camera that allows it to perform

precision photogrammetry and crop scouting at the resolutions necessary for precision 

agriculture. This high-resolution data can direct variable seeding rates as well as the 

precise application of fertilizer and chemicals reducing their use. This data helps 

farmers to maximize yields while reducing costs and impacts to the environment. By 

approving the exemption, the UAS will create benefits to both agriculture and the 

environment which are ultimately in the public interest.

The aircraft will be operated in the field with both a Pilot in Command and a Visual 

Observer in accordance with FAA order 8900.1 Volume 16 "Unmanned Aircraft 

Systems" with the following additional restrictions:
Original 01/21/2015 Page 2

- All operations will occur in Class G airspace at no more than 400' AGL

- Operations will be operated over private property with the permission of the land 

owner

- When necessary, applicable permits will be acquired from local authorities

- The aircraft will not be operated over urban or populated areas

- The aircraft will not be operated at air shows or over an open-air assembly of people

- The aircraft will not be operated over heavily trafficked roads

- The aircraft will not be operated within 5 NM of an airport or heliport

- Operations will be limited to day, visual meteorological conditions

- Aircraft will remain within Visual Line of Sight at no greater than 1/2 NM of the PIC at 

all time

- While the aircraft is airborne, the VO will be positioned within voice distance to the PIC

- When necessary and applicable, Galaxy will file a NOTAM providing radial/DME, 

radius, and a date/time group for each operation

- The PIC and VO will meet the requirements outlined in FAA Order 8900.1 Volume 16

“Airmen Certification”.

Additionally, PIC and VO will complete initial training course of maintenance 

instructions. Due to the simplicity of the system, we do not anticipate the need for a 

supplemental pilot. 

For certain complex operations, Galaxy may assign one or two sensor/software 

operators near the GCS to process aerial maps utilizing separate computers and 

photogrammetry software.

We submit that the combination of ;

- Our demonstrated knowledge of Aviation Safety and FARs via our parent company 

( Galaxy Aviation Inc. FAA Part 145 CRS # 5GXR127C ), 

- Penguin UAV’s light weight and historically demonstrated safe operation and approval 

of COA

- fully qualified flight crew

- restricted operations under the guidelines established in FAA Order 8900.1, 

the FAA can have confidence that Galaxy’s UAS the operations will have an 

equivalent or greater level of safety of manned aircraft performing the same mission.

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Additional documents supporting this petition will be 

submitted following this request. 

We look forward to working with your office. Please contact us at any time if you require 

additional information or clarification.

Respectfully,

Bryan Archer 

President

Galaxy UAV Systems (a subsidiary of Galaxy Aviation Inc.)

6215 Kirby Lane, Frisco, Texas 75035

Tel: 469-766-0420

Email: bryan.archer@galaxyuav.com
Original 01/21/2015 Page 3

TABLE OF CONTENTS

NAME, ADDRESS CONTACT INFORMATION OF PETITIONER .......................Page 4 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH GALAXY 

SEEKS EXEMPTION...................................................................................................Page 4

THE EXTENT OF RELIEF GALAXY SEEKS AND THE REASONS

GALAXY SEEKS THE RELIEF ......................................................................Pages 4 to 8

THE REASONS WHY GRANTING GALAXY’S REQUEST WOULD

BE IN THE PUBLIC INTEREST ..............................................................................Page 9

THE REASONS WHY GRANTING GALAXY THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY .....................................................................Page 10

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........Page 11

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS 

AVAILABLE TO SUPPORT GALAXY’S REQUEST.....................................Pages 12 to 14

ACRONYMS........................................................................ Pages 15 to 16
Original 01/21/2015 Page 4

NAME, ADDRESS AND CONTACT INFORMATION OF PETITIONER 

Galaxy UAV Systems

Attn: Bryan Archer 

6215 Kirby Lane

Frisco, Texas 75035

Tel: 469-766-0420

Email: bryan.archer@galaxyuav.com

THE SPECIFIC SECTIONS OF 14 CFR TO BE RELIEVED FROM 

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) 

THE EXTENT OF RELIEF GALAXY SEEKS AND THE REASONS GALAXY SEEKS 

THE RELIEF 

 

14CFR Part 21.191 Experimental Certificates

This regulation establishes the procedures for the issuance of an airworthiness 

certificate. While the FAA continues to work to develop airworthiness standards for 

UAS, we request an experimental certificate be issued for the Penguin under either or 

both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft equipment, 

new aircraft installations, new aircraft operating techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. Conducting flight tests and other operations to show 

compliance with the airworthiness regulations including flights to show compliance for issuance of type 

and supplemental type certificates, flights to substantiate major design changes, and flights to show 

compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as 

market surveys, sales demonstrations, and customer crew training, we would expect 

that an experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the fact that the aircraft weighs only 5 

pounds and is constructed primarily out of foam, we propose that the Penguin UA will 

be at least as safe, if not safer, than a conventionally certificated aircraft performing the 

same mission.

If an experimental airworthiness certificate is not appropriate for this application, then 

we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 
Original 01/21/2015 Page 5

airworthiness certificate in general, citing the equivalent level of safety outlined in the 

previous paragraph.

14 CFR Part 45.23 Display of Marks & 45.29 Size of Marks

These regulations provide that each aircraft must display "N" and the aircraft's 

registration number in letters at least 3 inches high. Additionally, the aircraft must 

display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance 

to the cabin, cockpit, or pilot station. The 5 pound Penguin does not have an entrance 

in which the word "EXPERIMENTAL" can be placed, and may not have a registration 

number assigned to it by the FAA.

We propose to achieve an equivalent level of safety by including the word 

"EXPERIMENTAL" on the top of the aircraft, where the PIC, VO and others in the 

vicinity of the aircraft while it is preparing for launch will be able to see the designation.

If FAA assigns a registration number for the UA, we request that we will display

registration “N” number on the aircraft by using proportionately sized letters for the 

Penguin’s size.

Additionally, we feel that the permanent placard discussed in the previous paragraph 

will provide the aircraft's registration information should it be found on the ground. 

Finally, we will display at the ground station a high contrast flag or banner that contains 

the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since 

the aircraft will operate within 1/2 mile of the ground station, the banner should be 

visible to anyone that observes the aircraft and chooses to investigate its point of origin.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in command and 

61.133 Commercial pilot privileges and limitations

Part 61.133 provides; 

“A person who holds a commercial pilot certificate may act as pilot in command of an aircraft—

(ii) For compensation or hire, provided the person is qualified in accordance with this part and with the 

applicable parts of this chapter that apply to the operation.”

Since there are currently no means available for the pilot of a UAS to gain the 

experience in an equivalent category and class in order to apply for a commercial pilot's 

license, we propose to generate an equivalent level of safety by requiring our pilots 

meet the qualification described by the order 8900.1 volume 16 chapter 4.

Our proposed operations meet the requirements of 8900.1 volume 16 Chapter 4 

Section 1 Airman Certification (16-4-1-3-B) subpart (5). It states ;

"Operations without a pilot certificate may be allowed when all of the following 

conditions are met:" ( conditions “a” through “g” )

Condition (a) states that the PIC is required to complete "FAA private pilot ground 

instruction" and pass "the FAA Private Pilot written examination or FAA-recognized 

equivalents".
Original 01/21/2015 Page 6

Since our operations will meet all the conditions listed , we propose to comply in 

accordance with the FAA order 8900.1 ( 16-4-1-3-B-5 : “a” through “g” ). We believe 

and request that equivalent safety can be achieved by having our pilots complete,

(1) FAA private pilot ground instruction, and pass the FAA private pilot written 

examination, and

(2) hold a Student Pilot Certificate along with current Third Class medical certificate, 

and complete logging minimum 5 hours of dual flight instruction time with Certified 

Flight Instructor.

If relief from part 61.133 by means of FAA Order (16-4-1-3-B-5 ) is not appropriate, we 

subsequently request the exemption from 61.113.

Part 61.113 provides that no person that holds a private pilot certificate may act as pilot 

in command of an aircraft for compensation or hire. Subparagraph (b) allows a private 

pilot to act as pilot in command of an aircraft in connection with any business or 

employment if;

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

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

Since the aircraft cannot carry passengers or property, we request to be relieved from 

this regulation if our pilots at minimum, 

(1) hold at least a current private pilot certificate and,

(2) hold a current third class medical certificate.

By meeting conditions (1) and (2), we believe that equivalent level of safety can be 

achieved by complying with 61.113 Subparagraph (b) even though the intent of this 

application is to conduct a business.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, 

approved flight manual is in the aircraft. We assume that the intent of this requirement 

is to ensure that flight manual information is available to the aircrew while operating the 

aircraft. We request an exemption to this requirement since the aircraft is not only too 

small to carry documentation, the documentation would not be available to the crew.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that 

a current, approved Airplane Flight Manual must be available to the crew at the 

ground station anytime the aircraft is in, or preparing for flight.
Original 01/21/2015 Page 7

14 CFR 91.119 Minimum safe altitudes: General.

This regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

aircraft will be operating at a maximum of 400 feet AGL, we cannot comply with this 

requirement.

To provide an equivalent level of safety we will only fly over private property with the 

permission of the land owner. The land owner will be briefed of the expected route of 

flight and the associated risks to persons and property on the ground. We maintain that 

due to the small size of the Penguin, the hazard to persons, vessels, vehicles, and 

structures is not comparable to manned aircraft and should be considered in granting 

the exemption. 

The aircraft will not be operated over congested areas or over any open air assembly of 

persons. The aircraft will be operated at an altitude allowing, if a mechanical system 

fails, an emergency landing without undue hazard to persons or property on the 

surface.

14 CFR 91.121 Altimeter Settings 

The regulation provides that aircraft shall maintain cruising altitudes by reference to an 

altimeter setting available within 100 nautical miles of the aircraft. 

The Penguin aircraft will fly below 400 feet AGL and will not need to maintain 

hemispherical cruising altitudes in order to de-conflict with other aircraft. As such, an 

appropriate altimeter measurement presented to the pilot should be Above Ground 

Level and should be based on the barometric pressure at the point of launch.

To provide an equivalent level of safety, the UAS's AGL altimeter will be set to zero on 

the ground prior to every flight. Since the aircraft will fly no more than 60 minutes, even 

rapid changes in barometric pressure will have limited effect on the safety of the flight.

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under dayVFR conditions unless there is enough fuel to fly to the first point of intended landing 

and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to 

provide a reserve of energy as a safety buffer for go-arounds and other delays to 

landing.

The Penguin UAS is battery operated and the maximum duration of flight with full 

payload, from a single battery charge is 60 minutes. Since the aircraft will never fly 

more than 1/2 mile from the point of intended landing, a full battery charge at launch

and landing the aircraft with 10% charge (6 minutes) remaining will ensure that we 

meet the intent of reserve energy requirement of this paragraph. 

We believe that equivalent level of safety is achieved because from anywhere within 1/2 

mile distance to launch/landing point during operation, 10 % charge (6 minutes) is more 

than enough for a few go-arounds if necessary. 
Original 01/21/2015 Page 8

14 CFR 91 Subpart E ( 91.405, 91.407, 91.409, 91.417 )

Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the 

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 

91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. It is our intention that 

the PIC, VO or authorized personnel to perform maintenance and inspection of the 

aircraft and "be authorized to approve the aircraft for return to service."

Due to the fact that our parent company Galaxy Aviation Inc. is a part 145 FAA certified 

Repair Station ( # 5GXR127C ), our core expertise is aviation maintenance. The 

resources from the Repair Station regarding safety training, quality control, developing 

maintenance procedures and other applicable resources, such as a certificated 

repairman, are made available to our UAS operations.

Galaxy requests that exemptions to the regulations under conditions below;

(1) Galaxy will develop and maintain Penguin UAS maintenance instructions by 

utilizing a combination of provided Finwing Technology’s User Manual and FAA 

equivalent maintenance techniques and procedures 

(2) Galaxy will designate, train, and document the personnel who will be authorized to 

perform Inspection, Maintenance and Alterations by means of above stated 

maintenance instructions. Such designated personnel may include PIC, VO or FAA 

equivalent trained persons, such as a FAA Certificated Repairman 

(3) To ensure equivalent level of safety, PIC will inspect the UA before each flight 

looking for any structural or mechanical malfunctions, and document discrepancies

Due to the small size, light weight and simplicity of the Penguin UAS, we believe that 

the equivalent safety will be achieved by permitting any of the PIC, VO or FAA 

equivalent trained personnel, to perform maintenance, inspection and alterations of the 

aircraft and " be authorized to approve the aircraft for return to service. "
Original 01/21/2015 Page 9

THE REASONS WHY GRANTING GALAXY’S REQUEST WOULD BE IN THE PUBLIC 

INTEREST

We believe that granting our exemption request from,

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), is in the public’s interest and 

will benefit the public as a whole for the following reasons.

1- According to research done by US Department of Agriculture, Precision 

Agriculture in crop production helps farmers yield more crops and offers less 

impact on environment by applying chemicals more efficiently. Galaxy’s 

Penguin UAS offers as one of the tools to support Precision Agriculture.

Penguin UAS carries an onboard geo-referenced camera system that provides 

high-resolution data to direct variable seeding rates as well as the precise 

application of fertilizer and chemicals, reducing their use. This data helps farmers 

maximize yields while reducing costs and impacts to the environment, which is in 

the public interest.

2- Galaxy’s UAS operations will contribute to a positive aggregate economic 

impact resulting in creation of jobs both direct and indirectly. Economic 

Research estimates that the UAS market will grow from $6 billion to $ 94 billion 

over the next decade resulting in a new workforce development. 

Because Galaxy’s operations will create new jobs such as pilots, flight operation 

staff, and administrative supporting staff, it will directly impact positive economic 

outcome, hence granting Galaxy’s petition will benefit the public as a whole.

3- Congress has already proclaimed that it is in the public’s interest to integrate

Commercially flown UAS(s) into the national airspace system, hence the passing 

of the FAA Modernization and Reform Act of 2012. 

Granting Galaxy’s petition furthers the public’s interest as a demonstrated 

progression of integrating Unmanned Aircraft Systems into National Air Space, 

thus it will benefit public as a whole. 
Original 01/21/2015 Page 10

THE REASONS WHY GRANTING GALAXY THE EXEMPTION WOULD 

NOT ADVERSELY AFFECT SAFETY

Galaxy believes that the grant of exemption from, 

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417), will not adversely affect safety 

by a combination of the reasons listed below.

(a) We have stated in the above section “ THE EXTENT OF RELIEF GALAXY 

SEEKS AND THE REASONS GALAXY SEEKS THE RELIEF ” on pages 4 to 8 

by describing how we intend to mitigate risk and accomplish FAA equivalent and 

acceptable level of safety for each 14 CFR part.

 

(b) As a result of Penguin unmanned aircraft’s size, weight, speed, operational 

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

of sight, plus a combination of operational conditions and limitations, we believe 

that granting Galaxy’s exemption request will not adversely affect safety.

(c) Our parent company has demonstrated, and been certified by FAA to comply 

with the Part 145 FARs. 

Because enjoying the available resources from our parent company (Galaxy 

Aviation Inc. FAA Part 145 CRS) provides a unique advantage to ensure aviation 

safety, hence we believe that granting Galaxy will not adversely affect safety.

(d) Galaxy will develop, train and document the completion of “Human Factors “ 

Training to the PIC, VO and authorized maintenance personnel. 

Research data suggests that 80% of all Aviation Accidents are caused by 

“Human Factors”. By requiring our flight crew and maintenance personnel to 

complete “Human Factors Training”, Galaxy will further mitigate safety risk, thus 

the grant will not adversely affect safety.
Original 01/21/2015 Page 11

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER

Department of Transportation

Federal Aviation Administration

Petitioner: 

Galaxy UAV Systems (Subsidiary of Galaxy Aviation Inc.)

Petition of exemption from section of 

14 CFR Part 21.191

14 CFR Part 45.23, 45.29

14 CFR 61.113, 61.133

14 CFR 91.9, 91.119, 91.121, 91.151

14 CFR 91 Subpart E (91.405, 91.407, 91.409, 91.417) 

Description of relief sought;

Galaxy UAV Systems seeks an exemption for commercial operation of the Penguin 

unmanned aircraft manufactured by Finwing Technology of China. 

The Penguin unmanned aircraft system has an onboard georeferenced mapping 

camera system capable of acquiring high resolution data.

Proposed operations will offer precise aerial surveillance to help farming, agriculture, 

and other commercial industries.
Original 01/21/2015 Page 12

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT GALAXY’S REQUEST

Penguin Unmanned Aircraft System consists;

1- Penguin Unmanned Aircraft made by Finwing Technology of China

2- Pixhawk Autopilot Controller made by 3D Robotics of California, and other 

onboard equipment such as receivers, batteries, transmitters, antennas

3- Onboard Mapping Payload 

(a) Downward facing high resolution camera

(b) Optional front facing camera to aid missions

4- Ground Control Station with a computer and other related communication 

equipment including

(a) Manual Control link utilizing a transmitter on 2.4 Gigahertz radio frequency

(b) Data Control link utilizing GPS and Telemetry radios on 915 Megahertz radio

 frequency

 (FCC license not required for above radio frequencies)

5- Qualified flight crew and optional one or two sensor/ software operators

6- Required operation manuals which are located near ground control station

( the operation manuals will be submitted following this petition request )

Penguin UAS Specifications

Wing Span 67.7 inches

Length 48.5 inches

MTOW 5 pounds (Maximum Takeoff Weight)

Flight Time 30 to 60 minutes 

Speed Range 15 knots to 50 knots

Manual Control Frequency 2.4 Gigahertz

Manual Control Range Line of sight 1.5 mile

Data Control Link Frequency 915 Megahertz

Data Control Link Range Line of sight 2 mile

Launch Options Hand Launch or Conventional Runway

Landing Options Belly Land or Conventional Runway
Original 01/21/2015 Page 13

Penguin Unmanned Aircraft
Original 01/21/2015 Page 14

Sample Mapping Mission Flight Patterns

No Privacy Issues

Galaxy’s proposed operations will create no privacy issues because the Penguin UAS 

will be operating in rural areas within the boundaries of private property with the land 

owner’s permission. 

Galaxy will also obtain any permits or authorizations from local authorities when 

necessary. 
Original 01/21/2015 Page 15

ACRONYMS

AGL Above Ground Level

ALoS Acceptable Level of Safety

AMOC Alternative Method of Compliance

ASI Aviation Safety Inspector

ATC Air Traffic Control

ATCAA Air Traffic Control Assigned Airspace

ATS Air Traffic Service

AVS Aviation Safety

CFR Code of Federal Regulations

COA Certificate of Waiver or Authorization

CRM Crew Resource Management

CS Control Station

CRS Certified Repair Station

DCP Divert/Contingency Point

DHS Department of Homeland Security

DME Distance Measuring Equipment

DOD Department of Defense

DSA Detect, Sense, and Avoid System

FAA Federal Aviation Administration

FCC Federal Communications Commission

FARs Federal Aviation Regulations

FIR Flight Information Region

FL Flight Level

FSIMS Flight Standards Information Management 

System

FTP Flight Termination Point

FTS Flight Termination System

Galaxy Galaxy UAV Systems

Galaxy A subsidiary of Galaxy Aviation Inc.

GHz Gigahertz

GCS Ground Control Station

MHz Megahertz

MTOW Maximum Takeoff Weight

NAS National Airspace System
Original 01/21/2015 Page 16

NM Nautical Mile

NOTAM Notice To Airman 

OPA Optionally Piloted Aircraft

PIC Pilot in Command

Penguin Penguin Unmanned Aircraft System

Penguin Penguin Unmanned Aircraft

R&D Research and Development

RF Radio Frequency

RM Risk Management

RNAV Area Navigation

RTB Return to Base

RVSM Reduced Vertical Separation Minimum

TAS Traffic Advisory Systems

TC Type Certificate

UA Unmanned Aircraft

UAS Unmanned Aircraft System(s)

UAV Unmanned Aerial Vehicle

VFR Visual Flight Rules

VMC Visual Meteorological Conditions

VO Visual Observer