Avigators

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Michael V.R. Johnson

C: 407-491-3450

mvrjohnson@outlook.com

8 December 2014

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Docket ID: FAA-2014-0720, Exemption Request Under Section 333 of the FAA Reform Act 

and Part 11 of the Federal Aviation Regulations from 14 C.F.R 45.23(b); 14 C.F.R. Part 21:14 

C.F.R. 61.113 (a) & (b); 91.7 (a); 91.103 (b); 91.109; 91.119; 91.121; 91.203 (a) & (b); 91.407 

(a) (1); 91.409 (a) (2); 91.417 (a) & (b).

Dear Sir or Madam: 

Since our initial submittal on 10 September 2014, for an exemption request under Section 333, 

our company (NVOS) has been renamed Avigators and the name of our UAV is now First Aerial 

Responder (FAR) – Sight. None of the personnel or material for our UAV has changed. We were 

also notified that the guidelines for submitting a request for exemption changed since our 

submission. Below is information according to those changes. Hopefully we have answered the 

appropriate questions. Please do not hesitate to request any additional information you may need.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) 

and 14 C.F.R. Part 11, Avigators has teamed up with C2Technologies, as developers, trainers,

and operators of Small Unmanned Aerial Systems (sUAS) to operate in a role to support 

commercial Precision Agriculture, and seeks an exemption from Federal Aviation Regulations 

(“FARs”) detailed below for the First Aerial Responder (FAR)-Sight Unmanned Aircraft System 

manufactured by Avigators of the USA. All operations will be conducted within and under the 

conditions outlined herein and as may be established by the FAA as required by Section 333.

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and inexpensive sUAS under controlled conditions in airspace that is:

1) limited 2) predetermined 3) private property 4) would provide safer flight operations than 

using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill 

the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.”

Section 333(c) of the Reform Act.

The name and contact information of the applicant are: 

Avigators

Attn: Mike Johnson 

Phone: 407-491-3450

Email: mvrjohnson@outlook.com

Address: 2200 North Forsyth Rd

Unit A-13

Orlando, FL 32807
 Avigators

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The regulations from which the exemption is requested are as follows: 

14 CFR Part 21 (Certification Procedures for Products and Parts)

14 CFR 45.23(b) (Markings) - size

14 CFR 45.29 (Size of Markings)

14 CFR 61.113 (a) & (b) (Private Pilot)

14 CFR 61.133 (Commercial Pilot)

14 CFR 91.7 (a) (Civil Aircraft Airworthiness)

14 CFR 91.9 (b) (2) (Flight Manual)

14 CFR 91.103 (Preflight Action)

14 CFR 91.109 (Dual Controls) 

14 CFR 91.119 (Min Altitude)

14 CFR 91.121 (Altimeter)

14 CFR 91.203 (a) & (b) (Airworthiness)

14 CFR 91.405 (a) (Annual Inspection)

14 CFR 91.407 (a) (1) (Auth Rtn to Srvc)

14 CFR 91.409 (a) (2) (Inspection for Air Worthiness)

14 CFR 91.417 (a) & (b) (Maintenance Records)

This exemption application is expressly submitted to fulfill Congress’ goal in

passing Section 333(a) through (c) of the 2012 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 UASs 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 UAS’s size, weight, speed, and operational capability

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

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (c). Lastly, if the Secretary determines that such vehicles “may

operate safely in the national airspace system, the Secretary shall establish

requirements for the safe operation of such aircraft in the national airspace system.”

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 also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).
 Avigators

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First Aerial Responder (FAR) - Sight UAV

Avigators’ First Aerial Responder 

(FAR) – Sight is a lightweight battery 

powered fixed wing sUAS, weighing 

less than six (7) lbs. including payload. 

Normal operating conditions for the 

FAR-Sight is cruising at 25 mph with a 

maximum sustained speed of 40 mph. 

FAR-Sight will only operate within line 

of sight and at or below 400 feet. 

Flights will also be restricted to 

operations over private property where the owner has given written permission. 

Notice to Airmen (NOTAM) will be filed at surrounding airfields. Such operations will 

insure that the sUAS will “not create a hazard to users of the national airspace system

or the public”, per Section 333 (b) (1).

Given: the limited area of operations (agricultural fields), the slow speed, the 

very lightweight (7 lbs.) nature of FAR-Sight, being made of soft Expanded PolyOlefin 

(EPO) Foam, and with the propeller mounted to the rear of the fuselage the results are a 

very safe sUAS. Certainly the FAR-Sight is much safer to conduct the mission of 

Precision Agriculture than employing a manned fixed wing or rotary wing aircraft. FARSight is clearly in the zone of safety (an equivalent level of safety) in which Congress

envisioned that the FAA must, by exemption, allow commercial operations of UASs to

commence immediately. Also due to the size of the UASs and the restricted areas in

which the relevant sUASs will operate, approval of the application presents no

national security issue. Given the clear direction in Section 333 of the Reform Act, the

authority contained in the Federal Aviation Act, as amended; the strong equivalent

level of safety surrounding the proposed operations, and the significant public benefit, 

including enhanced safety, reduction in environmental impacts, including reduced

emissions associated with allowing UASs for Precision 

Agriculture operations, the grant of the requested

exemptions is in the public interest. Accordingly, the

applicant respectfully requests that the FAA grant the 

requested exemption without delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil

aircraft that have the characteristics and that operate with the limitations listed

herein. These limitations provide for at least an equivalent or even higher level of 

safety to operations under the current regulatory structure because the proposed 

operations represent increased safety from conducting Precision Agriculture using 

manned aircraft.

These limitations and conditions to which Avigators and C2 Technologies

agree to be bound when conducting commercial operations under a FAA issued

exemption include:

1. The sUAS will weigh less than 7 lbs., including payload.
 Avigators

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2. Flights will be operated within line of sight of a pilot and/or observer.

3. Flights will be terminated with 30 minute battery power reserve.

4. A Notice to Airmen (NOTAM) will be filed prior to flight operations.

5. Flights will be operated at an altitude not to exceed 400 feet AGL.

6. Aircraft will not be operated over urban or populated areas.

7. Aircraft will not be operated at air shows or over an open-air assembly of people.

8. The aircraft will not be operated over heavily trafficked roads.

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

10. Operations will be limited to day, visual meteorological conditions.

11. Minimum crew for each operation will consist of the sUAS Pilot and a Visual

Observer.

12. sUAS pilot will be an FAA licensed pilot with at least a private pilot’s certificate

and third class medical. The observer will hold at least a third class medical

13. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than

the sUAS Pilot, who possess the necessary PIC qualifications, is also present

on site, that person can also be designated as PIC.

14. The UAS will only operate within the confined area of the designated operational 

area.

15. A briefing will be conducted with regard to the planned sUAS operations prior to

each day’s flight operations. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the flight operations to be present for

this briefing.

16. The operator will file a FAA Form 7711-1, or its equivalent, as modified in light

of the requested exemption, with the appropriate Flight Standards District Office

17. Only persons qualified or being trained to fly or launch the FAR-Sight will be permitted 

within 100’ of flight operations.

18. Pilot and observer will have been trained in operation of UAS generally and

received up-to-date information on the particular UAS to be operated.

19. Observer and pilot will at all times be able to communicate by voice and/or text.

20. Written permission from the relevant property holders will be obtained.

21. 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.

22. The sUAS has the capability to abort a flight in case of unpredicted obstacles or 

emergencies.

23. Emergency Procedures and System Failures

 Failure Handling – The FAR-Sight has extensive failure detection and 

handling capabilities. All failures are deemed to be either fatal or nonfatal. 

Failures classified as fatal result in a Fatal Condition Response (FCR); and 

failures classified as non-fatal result in a Non-Fatal Condition Response 

(NFCR).

 Sensor Failure – Failure of onboard flight instruments/sensors will degrade 

the UAS performance and will result in either a FCR or a NFCR, depending 

on their severity. If the UAS experiences a sensor failure, it will respond by 

alerting the pilot in command and maintain loiter at location until action is 

taken.

 If FAR-Sight loses communications or loses its GPS signal, the UAS is 

programmed to automatically return to a pre-determined location within the

confines of the operating area.
 Avigators

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 Motor Failure – In case of motor failure, the pilot in command will be alerted 

and an aided or autonomous landing will take place.

 Airframe Failure – If airframe is damaged in ways that impacts flight 

characteristics, the FAR-Sight autopilot will alert the pilot in command and 

attempt to maintain stable flight. 

 Navigation System Failure – In a navigation system failure, degraded GPS 

will result in the FAR-Sight loitering at its current location until GPS signal is 

restored or the pilot in command takes aided control.

 Power Failure – A complete battery failure which results in power loss to the 

FAR-Sight will result in FAR-Sight gliding to the ground.

 Low Battery Condition – Pilot in command will be alerted of a low battery 

condition and will land the aircraft as soon as possible. Once the critical low 

level is reached, the FAR-Sight will conduct an autonomous landing.

 Line of Sight Loss – All flight operations will be conducted with the FAR-Sight 

within visual sight of the pilot. If the pilot’s view becomes obstructed and line 

of sight is lost, the pilot may instruct FAR-Sight to loiter in place until line of 

sight is re-established, to return to the takeoff position, or to land at the 

current position. In addition, a moving map display provides an accurate 

location of FAR-Sight.

 Security - the system and communication links are encrypted by the 

manufacturer’s proprietary software. FAR-Sight can only communicate with 

the pilot in command’s ground station.

14 C.F.R. 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 UAS. In all cases, an analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in

the restricted environment and under the conditions proposed will be at least as 

safe, or safer, than a conventional 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 7 lbs. fully loaded, carries 

neither a pilot nor passenger, carries no explosive materials or flammable liquid 

fuels, and operates exclusively within a secured area as set out in the preprogrammed Precision Agriculture flight path. Unlike other civil aircraft, operations 

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

pursuant to the Operators Manual’s requirements, and under the requirements and 
 Avigators

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in compliance with local public safety requirements. The FAA will have advance 

notice of all operations. These safety enhancements, which already apply to civil 

aircraft operated in connection with precision agriculture, provide a greater degree

of safety to the public and property owners than conventional operations

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart

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

credible threat to national security posed by the UAS, due to its size, speed

of operation, location of operation, lack of explosive materials or flammable

liquid fuels, and inability to carry a substantial external load.

14 C.F.R. § 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," "lightsport," "experimental," or "provisional," as applicable.

Even though the UAS will have no airworthiness certificate, an

exemption may be needed as the UAS 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 sUAV

marked on its fuselage as required by §45.29 (f) where the pilot, observer

and others working with the sUAV will see the identification of the UAS as

“Experimental.” The FAA has issued the following exemptions to this

regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR § 45.29 (a) (1) Size of Marks

Section 45.29 (a) (1) requires registration marks on fixed-wing aircraft, 

must be at least 12 inches high

Due to the small size of the FAR-Sight sUAV it is unable to meet the 

requirements of this regulation. 
 Avigators

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14 C.F.R. § 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 UAS 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 to have a private pilot’s

license rather than a commercial pilot’s license to operate this small UAS. 

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

controlled and restricted, and all flights are planned and coordinated in

advance with local officials including the local Flight Standards District Office 

(FSDO). The level of safety provided by these requirements exceeds that

provided by a single individual holding a commercial pilot’s certificate

operating a conventional aircraft conducting the same mission of precision 

agriculture. The risks associated with the operation of the sUAS are so 

diminished from the level of risk associated with commercial operations

contemplated by Part 61 when drafted, that allowing operations of the sUAS as 

requested with a private pilot as the PIC exceeds the present level of safety

achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. §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 and the requirements contained in the Operator’s Manual for

maintenance and use of safety check lists prior to each flight, an equivalent 

level of safety will be provided.

14 C.F.R. § 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.

Given the sUAS, size and configuration no ability or place exists to

carry such a flight manual on the aircraft.
 Avigators

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Ground Control Station

Xbox Controller

The equivalent level of safety will be

maintained by keeping the flight manual at the ground

control station location where the pilot 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 C.F.R. § 91.103: Preflight action

This regulation requires each pilot in command to take certain actions 

before flight to insure the safety of flight. As FAA approved aircraft flight

manuals will not be provided for the aircraft an exemption will be needed. An

equivalent level of safety will be provided as set forth in the Operator’s

Manual. The PIC will take all actions including automated preflight checks,

reviewing weather, flight battery requirements, landing and takeoff distances

and aircraft performance data before initiation of flight.

14 C.F.R. §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.

sUASs and remotely piloted aircraft, by their design

do not have fully functional dual controls. Flight control is

accomplished through the use of a Xbox controller that

communicates with the aircraft via radio communications.

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. An 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 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. As

this exemption is for a sUAS that is an aircraft and the exemption requests

authority to operate at altitudes up to 400 AGL, an exemption may be needed to

allow such operations. The UAS will never operate at higher than 400 AGL. It 

will however be operated in a specified and limited area with the approval of the 

property owner, where buildings and people will not be exposed to operations

without their pre-obtained consent.

The equivalent level of safety will be achieved given the small size, low 

weight, and low speed of the UAS as well as the location where it is operated. 
 Avigators

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No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner, all affected

individuals will be aware of the planned flight operation. Compared to flight

operations with manned aircraft weighting far more than the maximum 7 lbs.

proposed herein and the lack of flammable fuel, any risk associated with these

operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL in conducting precision agriculture. In addition,

the low-altitude operations of the sUAS will ensure separation between these

small UAS operations and the operations of conventional aircraft that must

comply with Section 91.119.

14 C.F.R. §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.” 

An exemption may be needed. An equivalent level of safety will be achieved

by during the automatic preflight procedure the onboard computer references 

barometric pressure to set the altimeter.

14 C.F.R. §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 UAS fully loaded weighs no more than 7 lbs. 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 station where the pilot flying the sUAS will 

have immediate access to them, 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.
 Avigators

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14 C.F.R. §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 section 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 operator pursuant to the flight manual 

and operating handbook as referenced in the Operator’s Manual. An

equivalent level of safety will be achieved because these small UASs are very

limited in size and will carry a small payload and operate only in restricted 

areas for limited periods of time. If mechanical issues arise the UAS can land

immediately and will be operating from no higher than 400 feet AGL. As

provided in the Operator’s Manual, the operator will ensure that the UAS is in

working order prior to initiating flight, perform required maintenance, and keep a

log of any maintenance performed. Moreover, the operator is the person most

familiar with the aircraft and best suited to maintain the aircraft in an airworthy

condition to provide the equivalent level of safety.

*

*

*

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 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§

61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119;

91.121; 91.203(a) and (b); 91.405(a); 91.407 (a) (1); 91.409 (a) (2);

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

unmanned vehicle (7 lbs. or less) in precision agriculture operations.

Approval of exemptions allowing commercial operations of sUASs in the

conduct of precision agriculture will enhance safety by reducing risk. 

Conventional precision agriculture operations, present a significant risk using

jet or piston power aircraft, operating at low altitudes, weighing 6,500 pounds, 

carrying 250 gallons of fuel, with at least one pilot onboard. Such aircraft must

fly to and from the precision agriculture site location. In contrast, a sUAS

weighing fewer than 7 lbs. 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 designated operational site and not flown. The

sUAS will carry no passengers or crew and, therefore, will not expose them to

the risks associated with manned aircraft flights.
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The operation of small UASs, weighting less than 7 lbs., conducted in

the strict conditions outlined above, will provide an equivalent level of safety

supporting the grant of the exemptions requested herein, including exempting

the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the

ground, and in a limited environment and, as a result, are far safer than

conventional operations conducted with manned aircraft operating in close

proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property

with the property owner’s prior consent and knowledge. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of

2012--size, weight, speed, operating capabilities, proximity to airports and

populated areas and operation within visual line of sight and national security –

provide more than adequate justification for the grant of the requested

exemptions allowing commercial operation of applicant’s UAS in the precision 

agriculture industry.

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

for an equivalent level of safety. We look forward to working with your office. 

Please contact us at any time if you require additional information or clarification. 

 Sincerely, 

 Michael V. R. Johnson 

 Avigators

Vice President, Aviation Operations

cc:Robert Pappas