Application intent 

This exemption application is submitted to allow the private, commercial use of a Small 

Unmanned Aircraft System (sUAS). It considers Congress' mandate described in 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 national airspace system 

(NAS) before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of sUASs do not 

create a hazard to users of the NAS or the public or pose a threat to national security in light of 

the following: 

• The sUAS's size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated areas; 

• Operation of the sUAS within visual line of sight of the Pilot/"Operator". 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 U.S.C. §44701(f) See a/so 49 USC §44711(a); 49 

USC §44704; 14 CFR §91.203 (a) (1). 

Benefit to the Public 

In 2014, a mudslide in OSO, WA resulted in 43 fatalities. Due to the instability of the terrain, 

rescue units were limited in their ability to locate and assist those in need in a timely manner. 

Real life scenarios like this vividly display the benefits of sUAS. The applicant intends to use the 

sUAS to assist in these life-saving missions. 

Further, current aerial survey, photography and videography require the use of manned aircraft 

and helicopters. This equipment often weighs thousands of pounds, carries hundreds of pounds 

of flammable fuel and must operate very close to people and valuable property. The sUAS can 

accomplish the same mission for a fraction of the price and with a tremendous reduction in risk. 

The worst case scenario in manned aircraft typically results in loss of life. The worst case 

scenario for a sUAS is typically a loss of revenue due to damaged equipment. 

The increased capabilities and reduced cost and risk to the public provide a significant public 

benefit. 

Regulations from which the exemption is requested and justification for exemption 

14 CFR Part 21 

14 CFR 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 CFR 91.7 (a) 

14 CFR 91.9 (b) (2) 

14 CFR 91.103 

14 CFR 91.109 

14 CFR 91.119 
14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.215 (a) & (b) 

14 CFR 91.131 (d) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b) 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, 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 the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular sUAS. In all cases, an analysis of 

these criteria demonstrates that the sUAS operated without an airworthiness certificate, in the 

limited environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate without 

the restrictions and conditions proposed. 

The sUAS to be operated hereunder is less than 55 Ibs. carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates within a relatively small 

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the Pilot/"Operator" and the visual observer. These safety enhancements, which 

already apply to civil aircraft operated to conduct aerial videography and photography services, 

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 threat to national security 

posed by the sUAS, due to its size, speed of operation, limited operational area, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load. 

14 CFR §45.23 (b). Marking of the Aircraft 

The regulation requires: 

When marks include only the Roman capital letter "N" and the registration number is displayed 

on limited, restricted or light-sport category aircraft or experimental or provisionally certificated 

aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, 

or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited", 

"restricted," "light-sport," "experimental," or "provisional," as applicable. 

Even though the sUAS will have no airworthiness certificate, an exemption is requested 

because the sUAS will have no entrance to the cabin, cockpit. or pilot station on which the word 

"Experimental" can be placed. Given the size of the sUAV, two-inch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The 

Equivalent Level of Safety will be provided by having the sUAS marked on its airframe as 

required by §45.29 (f) where the PIC observer and others working with the sUAS will see the 

identification of the sUAS as "Experimental." The FAA has issued the following exemptions to 

this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 
14 CFR §61.113 (a) &(b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) &(b) limit private pilots to non-commercial operations. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the PIC operating the aircraft will have no less than 10 

hours of flight time with the sUAS. Unlike a conventional aircraft that carries the pilot and 

passengers, the sUAS is remotely controlled with no living thing on board. The area of operation 

is limited and all flights are planned and coordinated in advance. 

14 CFR §91.7(a): Civil Aircraft Airworthiness. 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance and use of safety check lists prior to each flight, 

an equivalent level of safety will be provided. 

14 CFR §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides: 

No person may operate a U.S. registered civil aircraft... 

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

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

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

The sUAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on th6 aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the PIC flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

14 CFR §91.103: Preflight Action 

This regulation requires each PIC to take certain actions before flight to ensure the safety of 

flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft, an 

exemption will be needed. The PIC will take all actions including reviewing weather, flight 

battery requirements, landing and takeoff areas and other checklist items before initiation of 

flight. 

14 CFR §91.109: Flight instruction 

Section 91.103 provides 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. sUAS and remotely piloted aircraft, by their design, do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that communicates with 

the aircraft via radio communication. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety is 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 CFR §91.119: Minimum safe altitudes 
Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a sUAS that is a rotorcraft and the exemption requests authority to operate at 

altitudes up to 200 feet AGL, an exemption may be needed to allow such operations. As set 

forth herein, the sUAS will never operate at higher than 200 AGL with the exception that in 

circumstances where the sUAS is used to survey or photograph a structure whose height 

exceeds 200 feet AGL, the sUAS will not be operated more than 100 feet above the highest 

point on the structure. The equivalent level of safety will be achieved given the size, weight, 

speed of the sUAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner. Because of the advance notice to the property owner and 

other participants in the activity, all affected individuals will be aware of the planned flight 

operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the 

maximum 55 lbs. proposed herein, and the lack of flammable fluid, any risk associated with 

these operations is far less than those presently presented with conventional aircraft operating 

at or below 200 feet AGL. In addition, the low-altitude operations of the sUAS will ensure 

separation between these sUAS operations and the operations of conventional aircraft that must 

comply with Section 91.119. 

14 CFR §91.121 Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set "...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure." As the sUAS may not have a barometric altimeter, 

but instead a GPS altitude readout, an exemption may be needed. An equivalent level of safety 

will be achieved by the PIC, pursuant to the safety checklist and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight. 

14 CFR § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

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

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed —(1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

The battery powering the sUAS provides less than 30 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 

10 minutes in length. Given the limitations on the sUAS's proposed flight area and the location 

of its proposed operations within a predetermined area, a longer timeframe for flight in daylight 

or twilight VFR conditions is reasonable. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the sUAS within a confined area (line of sight of the 

PIC and less than 200’ AGL) with less than 30 minutes of reserve fuel does not result in the type 

of risks that Section 91.151(a) was intended to alleviate given the size and speed of the sUAS. 

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 20% of battery power— whichever happens first. This restriction would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating 

area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808. 
14 CFR §91.203 (a)` and (b): Carrying Civil Aircraft Certification and Registration 

The regulation provides in pertinent part: 

(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. ... 

(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 weighs less than 55 Ibs and is operated without an onboard pilot. As such, there is 

no ability or place to carry certification and registration documents or to display them on the 

sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the PIC flying the sUAS will have immediate access to the documents, - to the 

extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 

9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 CFR §91.215 (a) and (b); 14 CFR §91.131 (d); ATC transponder and altitude reporting 

equipment and use The pertinent section of 91.215 (a) &(b) requires for "(a) A/l airspace: U.S.-

registered civil aircraft. For operations not conducted under part 121 or 135 of this chapter, ATC 

transponder equipment installed... (b) A/l airspace. Unless otherwise authorized or directed by 

ATC, no person may operate an aircraft in the airspace described in paragraphs (b)(1) through 

(b)(5) of this section, unless that aircraft is equipped with an operable coded radar beacon 

transponder"... This requirement applies 

(1) AII aircraft. In Class A, Class B, and Class C airspace areas; 

(2) AII aircraft. In all airspace within 30 nautical miles of an airport Iisted in appendix D, 

section 1of this part from the surface upward to 10,000 feet MSL; 

Likewise, the pertinent section of 91.131 (d); Operating Rule in class B Airspace (d) other 

equipment Requirements. "No person may operate an aircraft in a Class B airspace area 

unless the aircraft is equipped with (1) The applicable operating transponder and automatic 

altitude reporting equipment specified in § 91.215 (a)... and (2) After January 1, 2020, the 

applicable Automatic Dependent Surveillance-Broadcast Out equipment specified in § 91.225." 

Because of the small size and limited lifting capacity of the sUAS, the sUAS cannot be fitted 

with and operate a transponder and automatic altitude reporting equipment specified in 

paragraph of 91.21-5 (a) &(b) and 91.131(d). An exemption from these requirements is 

requested. The equivalent level of safety can be assured using the procedures defined for each 

class of airspace. 

Within the surface areas of Class "B", Class "C", Class "D" airspace 

Within the lateral boundaries of the airspace, the PIC will establish 2 way communications with 

the ATC facility having jurisdiction for that area. The PIC will provide the location (heading and 

distance) relative to the center of the airspace and request clearance to maneuver at that 

location up to the necessary altitude. The PIC will be responsible for "see and avoid" traffic 

conflicts. The PIC will at all times yield right of way to ANY and ALL manned flight operations. 

AII operations within 2 miles of the primary airport will be pre-arranged with that controlling 

facility. Any and all restrictions placed on the operations will be complied with so that all manned 

operations can be conducted without negatively impacting flight safety. 
Within 30 nautical miles of an airport Iisted in appendix D, section 1 of 14 CFR §91 

Within the Mode C veil, but outside Class "B", Class "C", or Class "D" airspace, the PIC will 

coordinate flight operations with the governing FAA ATC Terminal Radar Control Facility 

whenever flight operations exceed 200’AGL. 

14 CFR §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) &(b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the applicant 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because these sUAS are very limited in size and will carry a small payload and 

operate only in limited areas for short periods of time. If technical issues arise the sUAS can 

land immediately and will typically be operating no higher than 200 feet AGL. The applicant and 

PIC will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the applicant and PIC 

are the people most familiar with the aircraft and best suited to maintain the aircraft in an 

airworthy condition to provide the equivalent level of safety. An equivalent level of safety will be 

achieved because maintenance and inspections will be performed in accordance with the sUAS 

manufacturer's manual, as referenced in the Aircraft Operations Manual. As provided in the 

Operations Manual, the PIC will ensure that the sUAS is in working order prior to initiating flight 

and perform required maintenance as needed. 

Exemption considerations and Equivalent Level of Safety 

Based on the size of the aircraft involved and the restricted operations and limited environment 

within which they will operate, this operation meets an Equivalent Level of Safety envisioned by 

Congress. Further, it poses no threat to national security. 

The applicant proposes that the requested exemption applies to civil aircraft that have the 

characteristics listed here, and that operate within the limitations listed here. 

1. Aircraft Use will be restricted as follows: 

a. Max Takeoff Weight - Equal to or less than 55 pounds, including payload 

b. Max Airspeed – 50 kts 

c. Flight Characteristics – Hover capabilities, and movement in the vertical and 

horizontal plane simultaneously 

d. In the event the sUAS loses communications or loses its GPS signal, the 

sUAS will have the capability to return to a pre-determined location and land 

autonomously. 

2. Pilot/Operator Requirements will be restricted as follows: 

a. Only pilots/operators designated by the applicant may act as Pilot in 

Command (PIC) during commercial operations. 
b. All PICs will hold an FAA Pilot certificate (i.e. Recreational, Private, 

Commercial, or Airline Transport Pilot) or will have successfully completed 

the FAA Private Pilot written knowledge test. 

c. All PICs will receive specific sUAS training and will have a minimum of 10 

hours of flight time in the sUAS to be flown prior to flying in commercial 

operations. 

d. All PICs will remain current on general sUAS rules and specific sUAS 

operational information. 

e. All PICs will have at least a class 2 medical certificate. 

3. Flight Operations will be restricted as follows: 

a. Flights will only be conducted within the PIC’s visual line-of-sight (VLOS). 

b. Flights will not be operated at a lateral distance less than 50 feet from any 

inhabited structures, buildings, vehicles, vessels, or people not associated 

with the operation. 

c. Flights will not be operated at altitudes above 200 feet AGL unless 

photographing a structure taller than 200 feet. In that event, the sUAS will not 

be operated more than 100' above the highest point on the structure. 

i. Minimum crew for each operation above 200’ AGL will consist of the 

sUAS PIC and a Visual Observer. 

ii. At no time will the sUAS be operated above 400’AGL 

d. Flights will not be conducted within 5 nautical miles of any public use airport if 

heights or surfaces defined in Title 14 CFR Part 77 Subpart C will be 

penetrated at any point during the flight without coordinating with the airport 

manager and/or governing ATC facility. 

e. Flights will not be conducted at night. 

f. Flights will not exceed 30 minutes 

g. Flights will be terminated at 20% battery power reserve should that occur 

prior to the 30 minute limit. 

h. Flights will not be operated over property without the consent of the property 

owner or representative. 

i. The PIC will ensure that the aircraft will "not create a hazard to users of the 

national airspace system or the public" as per the Reform Act Section 333 

(b). 

j. The PIC will develop a specific flight plan prior to each flight activity. When 

multiple personnel are required to safely conduct the operation, the PIC will 

conduct a preflight briefing describing the activity. All personnel involved with 

the operational duties of the flight must be present for this briefing. 

Additional Views and Information 

The applicant, and primary PIC, Chad S. Shackford, offers over 20 years of aviation experience. 

He holds an Airline Transport Pilot certificate and type ratings in multiple turbine powered 

aircraft. He has flown for 14 CFR Part 91 and Part 121 operators. He is a Certified Flight 

Instructor and owns and operates a small, general aviation aircraft. He has been an Aviation 

Safety Inspector for FAA Flight Standards and a Flight Procedure Specialist within the FAA Air 

Traffic Organization. He is passionate about advancing aviation safety and appreciates the 

challenges and potential hazards associated with sUAS integration into the National Airspace 

System. He will ensure that all flight operations are conducted at the highest possible level of 

safety and in compliance with applicable regulations and company operational procedures. 
Summary 

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

Register, should it be determined that publication is needed: 

Applicant seeks an exemption from the following rules: 14 CFR §21, subpart H; 14 CFR 

45.23(b); 14 CFR §§ 61.113(a) &(b); 91.7(a); 91.9 (b) (2); 91.103(b); 91.109; 91.119; 91.121; 

91.151(a); 91.203(a) and (b); 91.215(a) &(b); 91.131 (d); 91.405 (a); 91.407 (a) (1); 91.409 (a) 

(2); 91.409 (a) (2) and 91.417 (a) &(b) to commercially operate a small unmanned vehicle 

(55 lbs or less) equipped to conduct aerial search-and-rescue, land survey, videography and 

photography services. 

Approval of exemptions allowing commercial operations of sUAS to conduct aerial search-andrescue, land survey, videography and photography services will enhance safety by allowing 

additional search capabilities and reducing risk. Conventional search-and-rescue, land survey, 

videography and photography operations typically use jet or piston powered aircraft, at 

extremely low altitudes, and often very close to people and valuable property on the ground. 

This presents a significant risk. These aircraft are often thousands of pounds and carry large 

amounts of fuel. In contrast, a sUAS weighing fewer than 55 Ibs and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried 

on board. The sUAS is carried to the location. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights.