PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

January 11, 2016

Three Pines Productions, LLC

121 Reservoir Road

Wilsall, Montana 59086

406-578-2321

kent@3pbn.tv

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave S.E. 

Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 

and Part 11 of the Federal Aviation Regulations from 14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R.

43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.113(b); 14 C.F.R.

91.119(b) and (c); 14 C.F.R. 121; 14 C.F.R. 91.151; 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 215; 14 

C.F.R. 91.403; 14 C.F.R. 405 (a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 409; and 14 C.F.R. 91.417.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Three Pines Productions, LLC, an operator of Small Unmanned Aircraft Systems 

(“sUAS”) equipped to film and photograph aerial inspections, patrolling, photography and 

videography of residential and commercial real estate, electrical power lines, wind turbines and cell 

towers, pipelines; filmmaking, cinematography, wildlife and forestry monitoring, aerial surveying, 

construction site inspection and monitoring, public entity support operations, aerial imaging for 

safety, monitoring and comparing work efforts and completion percentages, and security of 

controlled environment of various sites, aerial video and live video feed to assist with search and 

rescue operations under the authority and support of local authority officials; public and private use 

including television, public events, cinematography live feed and live newsgathering, training,

special events, research, risk management and assessment, motion picture production, surface 

mining, closed-set filming, and disaster and catastrophe events throughout the United States but 

primarily in the state of Montana, applies for an exemption from the listed Federal Aviation

Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are 

conducted within and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Approval of exemptions for Three Pines Productions, LLC will allow commercial operations of

sUASs in rural, remote, low density areas of the United States but primarily in the state of Montana, 

for the purpose of aerial inspections, patrolling, photography and videography of residential and 

commercial real estate, electrical power lines, wind turbines and cell towers, pipelines; filmmaking, 

cinematography, wildlife and forestry monitoring, aerial surveying, construction site inspection and 

monitoring, public entity support operations, aerial imaging for safety, monitoring and comparing 

work efforts and completion percentages, and security of controlled environment of various sites, 

aerial video and live video feed to assist with search and rescue operations under the authority and 

support of local authority officials; public and private use including television, public events, 

cinematography live feed and live newsgathering, training, special events, research, risk management 

and assessment, motion picture production, surface mining, closed-set filming, and disaster and 

catastrophe events. 

The pilot in command (PIC) is a certified commercial and instrument-rated twin-engine pilot with 

more than 6,500 hours of flight time, and has a second class medical certificate. The owner of the 

company is a student pilot and has flown sUAS aircraft for nearly 20 years. The requested exemption should

be granted because the proposed operations of the Yuneec Q500 4K, a small UASs that weighs 60.0 

oz, inclusive of battery and payload, conducted in the strict conditions outlined below, will provide 

an equivalent level of safety, as Congress intended, while still allowing commercial operations. The

lightweight aircraft covered by the exemption are far safer than conventional operations conducted 

with manned helicopters and fixed-wing aircraft weighing thousands of pounds, containing highly

flammable fuel, and operating in close proximity to the ground and people, as a similar UAS has been

previously approved in Exemption No. 11138, Douglas Trudeau, Realtor®. The seven factors 

Congress directed the FAA to consider when approving Section 333 exemption petitions - size,

weight, speed, operational capability, proximity to airports, proximity to populated areas, and 

operation within visual line of sight – each support the request. In particular, the aircraft are small, 

and will operate at slow speeds, close to the ground, far from airports and in a low risk, low 

population environment. In addition, the substantial experience of the PIC weighs heavily in favor of 

granting the exemption.

Pursuant to 14 C.F.R. 11.35, Three Pines Productions, LLC requests confidential treatment for certain 

information provided with this request for exemption. Specifically, Three Pines Productions, LLC 

requests that information contained in its user manual, operating procedures not be made public due 

to the proprietary information that the applicant has not and will not share with others. Additionally, 

Three Pines Productions, LLC requests that personal information related to the PIC, including a copy 

of his pilot license, not be made public in order to protect his identity. These documents are not 

available to the public and are protected from release under the Freedom of Information Act 5 U.S.C. 

552.

For your ease in reviewing this petition please refer to the table of contents which begins on page 

four. If we can provide any additional information to assist your understanding or review of this 

document, please do not hesitate to contact us at 406-578-2321 or email at kent@3pbn.tv.

Thank you,

Kent Grabau

President

Three Pines Productions, LLC
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Pilot In Command (PIC)

Jason Pfau

ATP (Airplane Multi-Engine Land) Pilot

Commercial (Airplane Single-Engine Land) Pilot

CFII

AGI

Type Rated In:

BE-1900

Second Class Medical Certificate
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Table of Contents

Publishable Summary.....................................................................................................................6

Petitioner’s Contact Information....................................................................................................7

Three Pines Productions LLC’s Operations...................................................................................7

The sUAS..............................................................................................................................7

Flight Conditions...................................................................................................................8

Flight Operations...................................................................................................................8

Privacy............................................................................................................................................9

Aircraft and Equivalent Level of Safety.........................................................................................10

Public Interest and Safety...............................................................................................................11

Regulations from Which Exemption is Requested.........................................................................12

14 C.F.R. 21(h): Airworthiness Certificates...................................................................................12

14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines,propellers, 

appliances, or component parts for return to service after maintenance, preventive maintenance, 

rebuilding, or alteration. ................................................................................................................13

14 C.F.R. 43.11: Content, form, and disposition of records for inspections conducted under parts 91 

and 125 and §§135.411(a)(1) and 135.419 of this chapter........................................................13

14 C.F.R. 45.11: Marking of products............................................................................................14

14 C.F.R. 45.27: Location of marks; nonfixed-wing aircraft.........................................................14

14 C.F.R. 45.29: Size of marks.......................................................................................................14

14 C.F.R. 91.7(a): Civil aircraft airworthiness...............................................................................15

14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements.................15

14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements......................16

14 C.F.R. 91.103(b)(2): Preflight action.........................................................................................16

14 C.F.R. 91.105: Flight crewmembers at stations.........................................................................16

14 C.F.R. 91.113(b): Right-of-way rules: Except water operations...............................................17

14 C.F.R. 91.119(c): Minimum safe altitudes: General..................................................................17

14 C.F.R. 91.121: Altimeter Settings..............................................................................................18

14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions................................................18

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required...............................................19

14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use........................20

14 C.F.R. 91.403: General..............................................................................................................21

14 C.F.R. 91.405 (a) and (d): Maintenance Required.....................................................................21

14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or 

alteration.........................................................................................................................................22

14 C.F.R. 91.409: Inspections........................................................................................................22

14 C.F.R. 91.417: Maintenance records.........................................................................................22
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Exhibit List

Exhibit 1: Yuneec Q500 4K Manual....................................................................... Submitted Separately

Exhibit 2: Yuneec Q500 4K – Specs......................................................................................................23

Exhibit 3: Yuneec Q500 4K Camera Gimbal – Specs............................................................................23

Exhibit 4: Yuneec Q500 4K Ground Control – Specs............................................................................24

Exhibit 5: Yuneec Q500 4K Quick Start Guide.......................................................Submitted Separately

Exhibit 6: Memorandum from Mark W. Bury, Assistant Chief Counsel for Int’l Law, Legislation and 

Regulations, Fed. Aviation Admin., to John Duncan, Dir., Flight Standards Serv. (Aug. 8,

2014)......................................................................................................................................................25

Exhibit 7: Douglas Trudeau, Realtor® Exemption No. 11138............ .................................................78
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

AdditionaldocumentshavebeensubmittedtotheFAAconfidentially 

andarenot available to thepublic.

Publishable 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 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27;

14 C.F.R. 45.29; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14

C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.113(b); 14 C.F.R. 91.119(b)

and (c); 14 C.F.R. 91.151; 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 215; 14 C.F.R.

91.403; 14 C.F.R. 405 (a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 409; and 14C.F.R.

91.417.

Approval of exemptions for Three Pines Productions LLC will allow commercial operations of 

sUASs in rural, remote, low density areas throughout the United States but primarily in the State of 

Montana, for the purpose of aerial inspections, patrolling, photography and videography of 

residential and commercial real estate, electrical power lines, wind turbines and cell towers, 

pipelines; filmmaking, cinematography, wildlife and forestry monitoring, aerial surveying, 

construction site inspection and monitoring, public entity support operations, aerial imaging 

for safety, monitoring and comparing work efforts and completion percentages, and security of 

controlled environment of various sites, aerial video and live video feed to assist with search 

and rescue operations under the authority and support of local authority officials; public and 

private use including television, public events, cinematography live feed and live 

newsgathering, training, special events, research, risk management and assessment, motion 

picture production, surface mining, closed-set filming, and disaster and catastrophe events. The 

pilot in command (PIC) is a certified commercial and instrument-rated helicopter pilot with 

more than 6,100 hours of flight time, and has a second class medical certificate. The requested 

exemption should be granted because proposed operation of the Yuneec Q500 4K, a small 

UASs weighing 60 ounces, inclusive of battery and payload, conducted in the strict conditions 

outlined below, will provide an equivalent level of safety, as Congress intended, while still 

allowing commercial operations. The lightweight aircraft covered by the exemption are far 

safer than conventional operations conducted with helicopters and fixed-wing aircraft 

operating in close proximity to the ground and people. The seven factors Congress directed the 

FAA to consider when approving Section 333 exemption petitions - size, weight, speed,

operational capability, proximity to airports, proximity to populated areas, and operation within 

visual line of sight – each support the request. In particular, the aircraft are small, and will 

operate at slow speeds, close to the ground, far from airports and in a low risk, low population

environment. In addition, the substantial experience of the PIC weighs heavily in favor of 

granting the exemption.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Petitioner’s Contact Information

Three Pines Productions LLC

PO Box 116

Wilsall, MT 59086

Tel: 406-578-2321

Email: kent@3pbn.tv

Three Pines Productions LLC’s Operations

The sUAS

The requested exemption will permit the operation of the Yuneec Q500 4K. The Q500 4K is a 

small, unmanned multirotor aircraft, weighing 60 ounces inclusive of batteries, the propellers, and 

technical payload. This rotorcraft can operate at a speed up to 29 knots, but Three Pines Productions 

LLC (“Three Pines Productions) will limit the speed to no more than 20 knots. The FAA has 

previously granted Exemption No. 11138, allowing commercial flight of a member of the Yuneec 

Q500 family, the 4K. Exemption No. 11138 is attached to this petition as Exhibit 7.

The sUAS will have the following specifications: Airframe: 

Yuneec Q500 4K

FLIGHT TIME: Up to 25 Minutes

DIMENSIONS: 8.27 in (210mm) x 16.54 in (420mm)

DIAGONAL MOTOR TO MOTOR DISTANCE: 20 in (510mm)

PROPELLER/MAIN ROTOR DIAMETER: 13.0 in (330mm)

WEIGHT WITHOUT BATTERY AND PAYLOAD: 40.0 oz (1130g)

MAXIMUM TAKEOFF WEIGHT WITH CGO3: 60.0 oz (1700g)

BATTERY: 5400mAh 3S 11.1V LiPo (included)

CHARGER: 3S 11.1V LiPo DC Balancing Smart Charger with AC Adapter (included)

TRANSMITTER: 10-channel 2.4GHz with 5.8GHz video downlink (included)

MAXIMUM FLYING ALTITUDE: Default 400 Feet Above Ground Level 

(Adjustable via the Q500 GUI)

MAXIMUM ROTATION RATE: 65°/s 

MAXIMUM ROLL ANGLE: 35° 

RADIO CONTROL FREQUENCY BAND: 2.4GHz

MAXIMUM CLIMB RATE: 2m/s

MAXIMUM DESCENT RATE: 3m/s

Please refer to Exhibits 1- 5 for further information about the sUAS and transmitter.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Flight Conditions

The sUAS will be flown in airspace under 400 feet above ground level (“AGL”) and under 

controlled conditions. The majority of flights will take place under 100 feet AGL. Three Pines 

Productions’s operations will occur in rural, remote, low density areas throughout the United States but 

primarily in the State of Montana. Three Pines Productions will avoid congested and densely populated 

areas and will work with local Flight Standard District Offices to determine safe areas to fly in. Three 

Pines Productions will only operate its sUAS in VMC, visual meteorological conditions: no less than 

500 feet below and no less than 2,000 feet horizontally from a cloud or when visibility at least 3 

statute miles from the PIC. The flight crew will always make a safety assessment of the risk of every

operation, and will only operate when it is determined that no undue hazards are present.

Flight Operations

Three Pines Productions’s flight operations require that the sUAS will always be in the line of

sight of both a PIC and a monitor specialist, who will also act as the visual observer (VO). Flights 

will be at altitudes of no more than 400 feet AGL, and at speeds less than 20 knots. Despite the 400 ft.

AGL limit, most flights will take place at an altitude of no more than 100 ft.AGL.

The PIC has the following licenses and certifications: ATP (Airplane Multi-Engine Land) 

Pilot, Commercial (Airplane Single-Engine Land) Pilot, CFII (Certified Flight Instructor Intrument), 

AGI ( Advanced Ground Instructor), is type rated in the BE-1900, and has a second class medical 

certificate. The VO has over 20 years of experience with RC aircraft, and has thousands of hours 

flying sUAS as a hobbyist and 34 hours of flight in a Cessna 180.

The week of an operation, the flight crew will file a flight plan with the local FSDO and 

contact ATC. The day before an operation, the flight crew will visit and inspect for safety the area in

which operations will take place. The flight crew will also contact any neighbors to notify them of the 

filming. The sUAS will only fly over land which it has permission from the landowner or 

landowner’s agent to fly above. The notification will consist of, at minimum, the time, place, and 

type of UAS operation being conducted. The flight crew will also have letters to leave in mailboxes and 

front doors, informing neighbors of the planned sUAS operations. The flight crew will also conduct a 

safety briefing with the property owners.

Operations will not take place in congested or densely populated areas, and the PIC will work 

with the local FSDO when planning operations. The flight crew will obtain all aeronautical and 

weather data information, as laid out in Section 6 of the Operations Manual. Exhibit 1.

Prior to departing for an operation, the flight crew will briefly turn on the sUAS to ensure that 

everything is connected and that the sUAS is in operational condition.

Upon arrival at a location for filming or photography, the flight crew will conduct an aerial and

ground preflight inspection. This inspection is listed in Appendix D to the Three Pines Productions

Operations Manual.

The flight crew will then set out traffic cones to designate the aircraft’s “home area,” which 

will be a circle of approximately 20 feet in diameter to mark the sUAS take-off and landing zone.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Note: If the radio control link is broken during flight, the autopilot system will recognize this 

broken control link and cause the sUAS to automatically return to the home area as recorded by the 

GPS instrumentation.

The flight crew will conduct a physical inspection of the aircraft as set out in Appendix D of 

the Operations Manual.

The PIC will then conduct a pre-flight inspection as outlined in Appendix D of the Operations

Manual.

The geo-fence is a virtual ‘barrier’ that will keep TYPHOON from traveling further than 300 

feet from the pilot. Should the pilot lose orientation, during the flight, the pilot may activate 'Home' 

mode which will cause the Q500 to fly in a straight line to the pilot and land.

The Yuneec Q500 4K also has “no fly zones” programmed into it, which will prevent flights 

in restricted zones. Although Three Pines Productions will take every precaution to avoid flying in 

airspace other than class G airspace, the preprogrammed “no fly zones” will add an additional level 

of safety to operations.

Other than this automated feature of the Yuneec Q500 4K, the PIC will always fly the sUAS 

manually. The PIC and VO have tested the sUAS in a variety of weather conditions, including on 

overcast days and in winds up to 25 knots. The PIC and VO will not fly the sUAS in heavy 

rainstorms, due to decreased visibility and the potential for water damage to the sUAS. The PIC and

VO have also practiced emergency bailout procedures by having the sUAS return to home. In the 

event of an emergency, the PIC will release the joysticks. This will make the sUAS automatically 

hover in place and maintain its position and altitude, and the PIC and VO can determine if and when 

it is safe for the sUAS to return to the home location.

During flights, the PIC and the VO will be standing next to each other, in oral communication 

at all times at the ground station. The VO will observe the telemetry data on a hand-held monitor and 

will monitor the images from the camera. The VO will direct the PIC if he wishes to capture a 

different angle on the camera. The camera will be filming or taking still images at intervals during 

the entirety of the flight.

Flights will be limited to 18 minutes, which is 75% of the total battery life of the Yuneec 

Q500 4K. Once the sUAS has landed, the PIC will conduct a post-flight checklist as set out in 

Appendix D of the Operations Manual.

Privacy

There is little concern that the proposed flights will cause invasions of privacy because all 

flights will occur property owner’s prior knowledge and consent.The only people and/or property to

be filmed will have requested and hired Three Pines Productions for the express purpose of filming 

and photographing the people and/or property with the sUAS.

No attempt will be made to identify any individuals filmed or photographed during the flights who 

have not consented to be filmed or photographed, except in cases where they are trespassing upon or 

damaging customer property, or interfering with the applicant’s or its customers’ operations
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Aircraft and Equivalent Level of Safety

Three Pines Productions 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 higher level of safety to operations under the current regulatory

structure.

These limitations and conditions to which Three Pines Productions agrees to be bound when 

conducting commercial operations under an FAA issued exemption include:

The sUAS will weigh significantly less than fifty (50) lbs. The Yuneec Q500 4K weighs 60 

ounces, inclusive of battery and payload.

Flights will be operated within line of sight of a pilot and VO.

Maximum total flight time for each operational flight will be 75% of battery life. Flights will be 

terminated once the battery reaches a 25% level. This data will be available through telemetry 

data submitted to the transmitter and monitor.

The sUAS will remain clear and yield the right of way to all other manned operations and 

activities at all times.

Flights will be operated at an altitude of no more than 400 feet AGL. Despite this limitation, the 

majority of flights are anticipated to operate at no more than 100 feetAGL.

Minimum crew for each operation will consist of the sUAS PIC and VO.

A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

activities. It will be mandatory that all personnel who will be performing duties in connection 

with the operations be present for this briefing.

The operator will obtain a FAA UAS Civil COA prior to conducting any operations under this 

grant of exemption.

The operator will request a Notice to Airman (NOTAM) not more than 72 hours in advance, but 

not less than 48 hours prior to the operation.

At least three days before scheduled filming, the operator of the sUAS will submit a written Plan 

of Activities to the local FSDO with jurisdiction over the area of proposed filming.

The PIC is a certified commercial and instrument-rated airplane pilot with more than 6,500 hours of 

flight time, and has a second class medical certificate. Copies of the certification and license 

are submitted under seal as Appendix A to Exhibit 1.

The PIC and VO have practiced the Yuneec Q500 4K for approximately 60 minutes a day, every 

day, for 90 days, translating to 90 hours of flight on this model. Practice flights have been in a 

variety of weather conditions, including in winds up to 25 knots and on overcast days. Practice 

flights have also included using the Yuneec Q500 4K’s return-to-home feature.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

The PIC and VO will at all times be able to communicate by voice and be stationed next to each 

other at the ground station.

Written and/or oral permission from the landowner or authorized agent, of the land over which the 

sUAS will be flying.

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.

The sUAS will have the capability to abort a flight in case of unexpected obstacles or 

emergencies. The PIC and VO have practiced the emergency failsafe procedures, as described 

above on pages 6-7.

If the multirotor and its controller disconnects during flight, the system’s failsafe protection will 

come to the rescue and the multirotor will return to home and land automatically, rather than 

flying off uncontrollably or landing at an unknown location. For more information on the 

failsafe procedures, please refer to Exhibits 1-5. This condition is similar to one granted in 

Exemption No. 11138, attached to this petition as Exhibit 8.

Because the PIC is a licensed commercial pilot, he has been subject to the security screening by the

Department of Homeland Security. Additionally, the sUAS that will be used, a Yu n e e c 

Q 5 0 0 4 K w e i gh s 6 0 o u n c e s, inclusive of battery and payload. Approval of commercial

flights as outlined in this petition present no national security issue.

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 sUAS pursuant to Three Pines 

Productions’s rules of operation appended hereto.

Public Interest and Safety

Use of the sUAS will increase ground safety by eliminating the need to have a manned, 

aircraft take the videos or photographs. As the FAA recognized in the Douglas Trudeau, Realtor® 

Exemption, No. 11138:

“Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are 

operated by an onboard pilot and may carry other onboard crewmembers, as well as 100 

gallons or more of fuel. The petitioner’s [sUAS] weighs less than 3 lbs. The pilot and crew 

will be remotely located from the aircraft. The limited weight reduces the potential for harm 

to persons or damage to property in the event of an incident or accident. The risk of an 

onboard pilot and crew during an incident or accident is eliminated with the use of a [sUAS] 

for the proposed operation.” Exhibit 10 at 11-12.

As in the cited exemption, Three Pines Productions will use a Yuneec Q500 4K weighing just 

60 ounces, inclusive of battery and payload.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

During Three Pines Productions’s operations, the PIC and VO will similarly be safely on the 

ground, directing the Yuneec Q500 4K at altitudes no higher than 400 feet AGL. Three Pines 

Productions will not fly over congested or densely populated locations, and will work with local 

FSDO when planning operations. Three Pines Productions’s flight crew will make a safety 

assessment prior to each operation, and will only operate when there are no undue risks.

The small weight, 60 ounces, is less than the size envisioned in Section 334(c)(2)(C) of the 

FAA Modernization and Reform Act of 2012, which allows government agencies “to operate 

unmanned aircraft weighing 4.4 pounds or less, if operated –

within the line of sight of the operator;

less than 400 feet above the ground;

during daylight conditions;

within Class G airspace; and

outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other 

location with aviation activities.”

Congress’s determination that government agencies should be allowed to operate such aircraft 

in these situations, with no further restrictions on location, population density, or pilot experience and

training, indicates that Congress did not believe that aircraft of this size and weight warranted 

additional attention.

The PIC for Three Pines Productions is a professional commercial pilot, who flies a 

Beachcraft 1900. As the FAA recognized in Exemption No. 1162, manned aircraft of this size can

pose a much greater threat to its occupants as well as to individuals on the ground. Additionally, a 

much greater space will be necessary for takeoff, landing, and operations than would be necessary 

for the 60 ounces sUAS that Three Pines Productions requests an exemption to use and may render

filming an area impossible, due to the areas Three Pines Productions wishes to operate in, and the low 

height footage Three Pines Productions wishes to shoot.

Regulations from Which Exemption is Requested

14 C.F.R. 21(h): Airworthiness Certificates

Three Pines Productions requests an exemption from 14 C.F.R. 21(h). This exemption meets 

the requirements for an equivalent level of safety pursuant to Section 333 based on the small size, light 

weight, relatively slow speed, and use in controlled environments on private land, as described 

previously in this petition. 

Equivalent level of safety: Three Pines Productions’s proposed exemption meets the 

requirements for an equivalent level of safety of this section, pursuant to Section 333, based on 

the following factors:

Small size: the Yuneec Q500 4K has a diagonal length of 565 millimeters, 22.2 inches.

Light weight: 60 ounces.

Relatively slow speed: the PIC will limit the sUAS’s speed to 20 knots (23 miles per

hour).

Operational capacity: currently, the Yuneec Q500 4K can operate for 25 minutes. Flights 

will be terminated when 25% of the battery life remains. The Yuneec Q500 4K can 

travel no more than 1,000 meters, 3280.84 feet, from the receiver.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Proximity to airports: Three Pines Productions will only operate in Class G airspace, and

will notify ATC and the local FSDO prior to operations, as described previously.

Proximity to populated areas Three Pines Productions will avoid the yellow congested 

areas in Sectional Aeronautical Charts, and work with the local Flight Standards 

District Offices to determine which areas to avoid during flights. Local FSDO may 

carve out areas indicated as yellow in the sectional chart and allow Three Pines 

Productions to fly in these specifically designated carve-out areas.

Operation within visual line of sight: The PIC will always fly the sUAS within its line of

sight.

Location: Three Pines Productions will operate in areas with low population densityto 

take photographs and video.

Altitude: no more than 400 feet AGL, but the majority of flights are anticipated at no

more than 100 feet AGL.

Restricted area in which the sUAS will be operated: as described above, prior to the day 

of filming, the flight crew will visit with neighbors to inform them of the filming over

the consenting landowner’s property. During filming, which will occur in rural areas, 

the flight crew will set out cones to mark the “home area” for the sUAS, and will 

monitor the area to make sure no one comes into the flight area. Should any 

nonparticipating individual enter the flight area, operations will immediately cease. 

See Exhibit 10 at 19.

Substantial experience of the PIC: the PIC has a commercial fixed wing license with an 

IFR rating, with more than 6,500 hours of flight time in manned aircraft.

14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, 

propellers, appliances, or component parts for return to service after maintenance, 

preventive maintenance, rebuilding, or alteration.

Three Pines Productions requests an exemption from 14 C.F.R. 43.7. This part provides, inter

alia, that the holder of a mechanic certificate or a repair station certificate may approve an aircraft, 

airframe, aircraft engine, propeller, appliance, or component part for return to service. As described 

previously, Three Pines Productions’s flight crew will be capable to repair and maintain the Yuneec 

Q500 4K to meet an equivalent level of safety of this section.

Equivalent level of safety: The nature of the sUAS is that of a model aircraft, and the 

operators of Three Pines Productions who will maintain and when necessary repair the sUAS will 

conduct inspections and maintenance based on maintenance guidelines provided by the manufacturer 

of the sUAS, Yuneec. See Exhibits 1-5. The capabilities of these operators to maintain and repair the 

sUAS will be listed in the operator’s manual and meet the requirements for an equivalent level of 

safety pursuant to Section 333 for the type of sUAS, its intended use, and the operating environment.

14 C.F.R. 43.11: Content, form, and disposition of records for inspections conducted under 

parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter.

Three Pines Productions requests an exemption from 14 C.F.R. 43.11. This part provides, 

inter alia, that maintenance record entries be maintained and for the listing of discrepancies and 

placards by inspectors. The sUAS, due to its small size, does not have room for placards to be placed 

in or on it and no inspections for sUAS have been certified by FAA at the present time.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Equivalent level of safety: Three Pines Productions will keep log books of all maintenance 

and repairs at the ground station, as envisioned in the FAA Memorandum subject, “Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft’s control 

station,” dated August 8, 2014. See Exhibit 8. This request provides an equivalent level of safety as

14 C.F.R. 43.11 because the documentation will be at the ground station with the PIC, where it will 

be useable in case of an emergency, rather than with the sUAS which could be up to 1,000 meters 

from the operator.

14 C.F.R. 45.11: Marking of products.

Three Pines Productions requests an exemption from 14 C.F.R. 45.11. This part provides, 

inter alia, that the manufacturers of aircraft, engines, propellers, mark such aircraft, engines, or 

propellers with an approved fireproof identification plate. The sUAS, due to its small size, does not

have room for fireproof placards to be placed in it. Any required placards could become hazardous, 

due to the additional weight and strain placed on the sUAS. Any additional weight or placards on the

60 ounce sUAS could create a risk, due to the very small size and nature of the Yuneec Q500 4K.

Equivalent level of safety: Three Pines Productions’s PIC and VO will keep information 

related to the Yuneec Q500 4K, including the user manual, at the ground control station and affix its 

N-Number, once obtained from the FAA Registration Office, on the “arms” of the sUAS as large as

practicably possible. This exemption provides an equivalent level of safety to 14 C.F.R. 45.11 

because the relevant documentation containing the serial number will be at the ground station with 

the PIC, where it will be useable in case of an emergency, rather than with the sUAS. In addition, the 

fuselage is marked with “Yuneec,” the manufacturer of the sUAS.

14 C.F.R. 45.27: Location of marks; nonfixed-wing aircraft

Three Pines Productions requests an exemption from 14 C.F.R. 45.27. This part provides, 

inter alia, that each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. The sUAS, due to its 

small size, does not have a cabin, fuselage, boom or tail to display the marks required by §45.23.

Equivalent level of safety: Once Three Pines Productions receives its N-Number, it will 

display these marks on the “arms” of the aircraft as large as practicably possible. This exemption 

provides an equivalent level of safety to 14 C.F.R. 45.27 because the sUAS will be registered with 

the FAA Aircraft Registration Branch. In the event of incident, the sUAS will be traceable to Three 

Pines Productions.

14 C.F.R. 45.29: Size of marks

Three Pines Productions requests an exemption from 14 C.F.R. 45.27. This part provides, 

inter alia, at subpart (3) that the registration marks for rotorcraft must be at least 12 inches high. The 

sUAS, due to its small size, does not have any surface area large enough to display marks anywhere

near 12 inches high.

Equivalent level of safety: Three Pines Productions will affix its registration number as large 

as practicably possible on its “arms” once it obtains the N-Number. This exemption provides an 

equivalent level of safety to 14 C.F.R. 45.29 because the sUAS will be registered with the FAA 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Aircraft Registration Branch. In the event of incident, the sUAS will be traceable to Three Pines 

Productions.

14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The FAA has previously stated that no exemption is required for a member of the Yuneec 

Q500 4K family. Exhibit 8 at 17. Three Pines Productions requests the same determination to be made

for its Yuneec Q500 4K.

Alternatively, Three Pines Productions requests an exemption from 14 C.F.R. 91.7(a). 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

standard will exist for determining airworthiness.

Equivalent level of safety: Three Pines Productions will keep the Yuneec Q500 4K’s

maintenance and safety information at the ground station, where it will be readily accessible to the 

PIC and VO before, during, and after operations. This exemption provides an equivalent level of 

safety as 14 C.F.R. 91.7(a) because the PIC will be able to make the determination of whether the 

sUAS is in an airworthy mechanical and electrical condition, in accordance with 14 C.F.R. 91.7(b).

14C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard 

requirements.

Three Pines Productions requests an exemption from 14 C.F.R. 91.9(b)(2). This part provides:

"(b) 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."

First, there does not currently exist a method of approving manuals for sUAS. Second, given

the size and configuration of the sUAS, there is no space to carry such a flight manual on the 

aircraft. In addition, carrying the manual on the aircraft would be pointless, since there is no pilot or

other person on board who could read or use it. On August 8, 2014, the FAA issued a 

memorandum entitled “Interpretation regarding whether certain required documents may be kept at 

an unmanned aircraft’s control station.” This document stated, in part “maintaining these documents

at the pilot’s control station would meet the intent of the rule as the pilot would be able to produce the 

documents for his or her own information or to an FAA inspector.” See Exhibit 9.

Equivalent level of safety: Three Pines Productions will keep its flight manual at the ground

station, where both the PIC and VO can access it. An equivalent level of safety to 14 C.F.R. 91.9(b)(2)

is provided because the intent of this rule – the pilot having access to this material during flight – is

met.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements.

Three Pines Productions requests an exemption from 14 C.F.R. 91.9(c). This part provides:

"(c) No person may operate a U.S.-registered civil aircraft unless that aircraft is identified in

accordance with part 45 of this chapter."

As stated above, Three Pines Productions will obtain an N-Number from the FAA 

Registration Office and the sUAS, due to its small size, does not have room to contain fireproof 

placard or to display aircraft marks in a conventional size. However, once Three Pines Productions 

obtains an N-Number, it will place the number on the “arms” of the aircraft as large as practicably

possible.

Equivalent level of safety: Three Pines Productions will obtain its N-Number from the FAA

Registration Office and affix it to the “arms” of the aircraft as large as practicably possible. An

equivalent level of safety to 14 C.F.R. 91.9(c) is met because the sUAS will be registered with the 

FAA and identifiable in the event of an incident.

14 C.F.R. 91.103(b)(2): Preflight action.

Three Pines Productions requests an exemption from 14 C.F.R. 91.103(b)(2) to the extent that is

applicable. This part provides:

"Each pilot in command shall, before beginning a flight, become familiar with all 

available information concerning that flight. This information must include—... (b) For 

any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance information: ... (2) For civil aircraft other than those specified in 

paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, 

relating to aircraft performance under expected values of airport elevation and runway 

slope, aircraft gross weight, and wind and temperature."

Three Pines Productions’s PIC in fact will, before beginning a flight, become familiar with all 

available information concerning that flight, including the aircraft performance under expected 

elevations, the gross weight of the aircraft (which will be no more than 60 ounces), and the wind and

temperature. As the flights of the sUAS will not be at airports the information required of Part 

91.103(b)(2) does not apply.

Equivalent level of safety: Three Pines Productions shall perform preflight operations as 

outlined previously in this petition, and flights will not be at airports. An equivalent level of safety 

to 14

C.F.R. 91.103(b)(2) will be met because the PIC will become familiar with the conditions prior to the 

flight, including the aircraft performance under expected elevations, the gross weight of the aircraft 

(which will be no more than 60 ounces), and the wind and temperature.

14 C.F.R. 91.105: Flight crewmembers at stations.

Three Pines Productions requests an exemption from 14 C.F.R. 91.105 since this part is not

applicable due to the sUAS carrying no flight crewmembers.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Equivalent level of safety: Three Pines Productions will not operate the aircraft unless 

someone is at the controls at all times, and each flight will be manually flown, with the exception of

the Yuneec Q500 4K's automated safety features. This will provide an equivalent level of safety to 14 

C.F.R. 91.105 because the flight crew will be at their stations at all times during the flight. The 

stations will not be on the aircraft but on the ground.

14 C.F.R. 91.113(b): Right-of-way rules: Except water operations.

Three Pines Productions requests an exemption from 14 C.F.R. 113(b) to the extent that it 

applies to overhead aircraft operating at or above 500 feet AGL as the sUAS will be operating no

higher than 400 feet AGL. This part provides:

“(b): General. When weather conditions permit, regardless of whether an operation is 

conducted under instrument flight rules or visual flight rules, vigilance shall be 

maintained by each person operating an aircraft so as to see and avoid other aircraft. 

When a rule of this section gives another aircraft the right-of-way, the pilot shall give 

way to that aircraft and may not pass over, under, or ahead of it unless well clear."

For example, if another aircraft is operating overhead at 10,000 feet AGL there is no danger 

posed to that other aircraft if the sUAS is operating under it or ahead of it at or beneath 400 feet 

AGL. Despite this, should another aircraft enter the area in which Three Pines Productions is 

operating, because the flight will be within his line of sight, the PIC will be able to give right of way 

to that aircraft.

Equivalent level of safety: Three Pines Productions will operate its sUAS to see and avoid 

and give way to other aircraft that should enter airspace at or below 400 feet AGL, and will give rightof-way to manned aircraft. All flights will be in class G airspace and the majority of flights will be at 

no more than 100 feet AGL, which will create a very slim chance that Three Pines Productions’s 

operations will interfere with a manned aircraft’s flight. This will provide an equivalent level of safety

to 14 C.F.R. 91.113(b) because the sUAS has significantly greater mobility than a much larger, manned

aircraft. As a result, the PIC will be able to react and respond much more quickly than the other pilot.

14 C.F.R. 91.119(c): Minimum safe altitudes: General.

Three Pines Productions requests an exemption from 14 C.F.R. 91.119 subpart (c). This 

regulation provides:

"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.”

Three Pines Productions will not operate the sUAS any higher than 400 feet AGL.

Equivalent level of safety: Three Pines Productions will operate the sUAS no higher than 

400 feet AGL, and it is anticipated that the majority of operations will be no higher than 100 feet 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

AGL. Three Pines Productions will not operate in congested areas, and will work with the local

FSDO when planning operations. Three Pines Productions’s flight crew will make a safety assessment

prior to each operation, and only operate after it determines that there is no undue hazard present. 

Exhibit 8 at 19.

The 400 feet AGL maximum will provide an equivalent level of safety to 14 C.F.R. 91.119(c)

because, since 1981 with AC 91-57, this height has been an operating standard for model aircraft.

Additionally, in Section 334(c)(2)(C), Congress determined that sUAS operated by public agencies

flying sUAS the size of and larger than Three Pines Productions’s Yuneec Q500 4K could fly up to

400 feet AGL.

14 C.F.R. 91.121: Altimeter Settings

Three Pines Productions requests an exemption from 14 C.F.R. 91.121. This Part provides 

guidelines for altimeter use in maintaining the cruising altitude or flight level of the aircraft. Three 

Pines Productions is not requesting a general exemption from the requirement that its sUAS have an 

Altimeter. The Yuneec Q500 4K’s flight controller will have an internal measurement unit (“IMU”). 

The IMU has a built-in internal sensor and a barometric altimeter that measures both attitude and 

altitude. See Exhibit 1, Appendix B, page 5. Rather, Three Pines Productions requests an exemption 

from the requirement to set its altimeter to a station along the route, of out of an airport, because the 

Yuneec Q500 4K is not traveling point-to-point and is limited in the distance it can travel from the 

PIC. Additionally, Three Pines Productions will not be flying into or out of an airport.

Equivalent level of safety: The requested exemption provides an equivalent level of safety to

14 C.F.R 91.121 because Three Pines Productions will not operate the sUAS above 400 feet AGL in a

sustained cruising flight mode such as a manned aircraft will typically fly. The PIC will at all times 

be controlling the maximum height of the sUAS through the telemetry features of the Yuneec

controller. Additionally, the sUAS will be operated within the line of sight of the PIC. The FAA has 

previously granted this exemption for similar proposed operations. See Exhibit 10.

14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions.

The sUAS Three Pines Productions will fly is powered by electricity, using lithium polymer 

batteries that currently have a flight limit of approximately no more than 25 minutes. (See Exhibits 1 

and 10). Therefore, due to the limitations of the batteries, it is currently impossible to comply with

Part 91.151. However, the sUAS will be operated in a manner with at least the equivalent level of

safety as that of a manned aircraft complying with Part 91.151.

Operation of an sUAS with less than 30 minutes of reserve fuel does not engender the type of 

risks that Section 91.151(a) was intended to alleviate. During the entire flight, the PIC will always 

have a visual line of sight of the sUAS and the VO will be monitoring the battery life via the

telemetry display on the laptop at the ground station. The sUAS will always have enough power to land 

safely, given the minimum level of reserve capacity of the batteries.

Three Pines Productions will limit flights to 75% of battery capacity. With the battery Three 

Pines Productions currently uses, the 75% point occurs at 18 minutes, leaving 7 minutes for the 

sUAS to reach the planned landing zone. This amount of time will be more than sufficient for the 

PIC to safely return to and land in the “home area.” As battery power increases, the number of
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

minutes the sUAS can operate before reaching the 75% mark will also increase. As new batteries are 

obtained and put into use, Three Pines Productions will continue to terminate flights after 75% of 

battery power has been used.

Applicant believes that an exemption from 14 CFR §91.151(a) is consistent with the scope of 

similar exemptions already granted to other operations. Exhibit 10.

Equivalent level of safety: Three Pines Productions will limit flights 75% of battery power.

The proposed exemption meets an equivalent level of safety to 14 C.F.R. 91.151 because, given the 

limitations on Three Pines Productions’s proposed operations and the location of those operations, a

reduced minimum power reserve for flight in daylight VFR conditions is reasonable.

14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required.

The FAA has previously determined that exemption from 14 C.F.R. 91.203(a) and (b) is not 

necessary. See Exhibit 10 at 17.

Alternatively, Three Pines Productions requests an exemption from 14 C.F.R. 91.203(a) and 

(b). This section provides in part:

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

within it the following:

An appropriate and current airworthiness certificate...

An effective U.S. registration certificate issued to its owner...

(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.”

First, there are currently no procedures in effect for providing airworthiness certificates for 

sUAS. However, as a condition to the approval of exemption, Three Pines Productions will display its

N-Number, once received, on the sUAS, and the operator will have, at the ground station, the user 

manual for the Yuneec Q500 4K.

Second, the sUAS Three Pines Productions will use the Yuneec Q500 4K, which has an 

equivalent level of safety as a manned aircraft with an airworthiness certificate.

Because of the use of GPS with the sUAS, the operator will set the initial location of flight 

takeoff ("home position") and if the radio control link is broken, the autopilot system will recognize this 

broken control link and cause the sUAS to automatically return to the home position as recorded by 

the GPS instrumentation. Exhibits 1-7. Additionally, because the sUAS team will mark off an area

with traffic cones that has a 20 ft. radius, approximately 30 ft. from the operators that will be used as

the “home position” for the sUAS to return, no one will be standing in the way of the path.

These safety enhancements provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under Subpart 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

H. 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 payload.

In the restricted environment and under the conditions proposed, operation of the sUAS will 

be at least as safe as a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate but without the restrictions and conditions proposed. Three Pines Productions will not 

accept assignments from clients that would take place in Class B, C, D, or E airspace. Three Pines 

Productions will avoid flying over congested and populated areas and will work with local FSDO to

avoid these areas when planning operations.

Equivalent level of safety: The sUAS to be operated hereunder is 60 ounces, inclusive of 

batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive 

materials or flammable liquid fuels. The sUASs operating under this exemption will be tightly 

controlled and monitored by the operator and the observer, and in compliance with local public 

safety requirements, to provide security for the area of operation. The FAA will have advance notice 

of all operations because Three Pines Productions will notify both ATC and the local FSDO prior to 

operations, as described previously in this petition. Granting the proposed exemption will achieve an 

equivalent level of safety to 14 C.F.R. 91.203(a) and (b) because of the small size of the sUAS and 

the operational limits set out above.

14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use

This section requires that installed Air Traffic Control (ATC) transponder equipment must 

meet specific performance and environmental requirements, and aircraft must be equipped with an 

operable coded radar beacon transponder.

There are presently no known commercially available ATC transponders that meet the 

payload requirements of a sUAS and are available at reasonable cost. However, because the sUASs 

used by Three Pines Productions will not be flying into or near airports, and will fly no higher than

400 feet AGL, there is very low risk of collision with any manned aircraft. In addition, because there 

will be no need to have contemporaneous communication with ATC Control, due to the short

distances, short flight times, and restricted altitude the sUASs will operate within, Three Pines 

Productions requests an exemption from this section. Additionally, the sUAS is too small to contain 

ATC transponder equipment in any form factor that is known to be available commercially.

Equivalent level of safety: An equivalent level of safety to 14 C.F.R. 91.215 will be met 

because Three Pines Productions will not fly its sUAS into or near airports, and all operations will be 

below 400 feet AGL, so there is very low risk of collision with any manned aircraft. Three Pines 

Productions will contact local ATC before operations to issue a NOTAM, and the local FSDO with 

its flight plan, as described previously in this petition. Three Pines Productions also give right of way 

to any manned aircraft that do appear.

14 C.F.R. 91.403: General
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

This section requires that the owner or operator of an aircraft is primarily responsible for 

maintaining that aircraft in an airworthy condition. Three Pines Productions will adhere to this 

requirement. However, this Section also limits maintenance to that “prescribed in this subpart and 

other applicable regulations, including part 43 of this chapter.” Because of this limitation, and 

because of the exemptions under Part 43 requested above, Three Pines Productions requests an 

exemption from this Section.

This exemption meets the requirements for an equivalent level of safety pursuant to Section 

333 based on the small size, light weight, relatively slow speed, and use in controlled rural 

environments on private, secured land, as described previously in this petition.

Equivalent level of safety: To achieve an equivalent level of safety to 14 C.F.R. 91.403, 

Three Pines Productions will maintain its sUAS in an airworthy condition and adhere to all 

manufacturer requirements for inspecting and maintaining the Yuneec Q500 4K. Three Pines 

Productions will keep records of maintenance to the sUAS, and these records will be available to the 

PIC and VO before, during, and after operations of the sUAS.

14 C.F.R. 91.405 (a) and (d): Maintenance Required

This section requires that aircraft be inspected as prescribed by Section E, 14 C.F.R.

§§91.401-91.421. As shown below, Three Pines Productions is applying for an exemption for these 

sections, due to the fact that its operators will inspect the sUAS prior to each flight and keep

maintenance records of all parts that are replaced, in accordance with Yuneec’s instructions. Because

the Sections discussed below are concerned with manned aircraft, and as such have inspection

requirements designed for the safety of passengers, they are inapplicable to Three Pines Productions.

Three Pines Productions is also applying for an exemption to subpart (d) of this section, 

which requires a placard to be installed and references §43.11. As noted previously, Three Pines 

Productions requests an exemption to the placard requirement, because, due to the small size of the 

sUAS, there is no room to place the placard.

Despite the requested exemption from subparts (a) and (d) of this section, Three Pines 

Productions will follow subparts (b) and (c) of this subpart.

Equivalent level of safety: To achieve an equivalent level of safety to 14 C.F.R. 91.405(a) and 

(b), Three Pines Productions will keep logbooks detailing all maintenance and repairs to the sUAS. 

The logbooks will be available to the PIC and VO before, during, and after sUAS operation. Prior to 

conducting post-maintenance operations, the flight crew will conduct a test flight to ensure that the 

sUAS functions properly. The FAA has previously determined that following the manufacturer’s 

requirements for maintenance, inspection, and record keeping are sufficient to ensure that safety is 

not adversely affected. Exhibit 10 at 13.

14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

alteration

This section requires that any aircraft which “has undergone maintenance, preventative 

maintenance, rebuilding, or alteration unless . . . [i]t has been approved for return to service by a 

person authorized under § 43.7 of this chapter . . ..”

However, Three Pines Productions has requested an exemption from §§ 43.7 and 43.11 as 

described previously. The capability of the operators to maintain and repair the sUAS meets the

requirements for an equivalent level of safety pursuant to Section 333 for both the type of sUAS, its 

intended use, and the rural operating environment. Additionally, due to the small size of the sUAS, 

there is no room to place inspection placards.

Therefore, because Three Pines Productions has requested an exemption from 43.7 and 43.11, 

Three Pines Productions respectfully requests an exemption from 91.407. The PIC, who holds a 

commercial pilot’s certificate, will conduct maintenance on the sUAS and keep logs of the battery 

cycle and repairs needed on the body or the propellers of the Yuneec Q500 4K.

Equivalent level of safety: The proposed exemption will meet an equivalent level of safety to

14 C.F.R. 91.407 because Three Pines Productions will regularly inspect and maintain its sUASs in

accordance with the Yuneec operator manual, and keep detailed inspection and maintenance records 

that will be available to the PIC and VO before, during, and after operations. Prior to conducting 

post- maintenance operations, Three Pines Productions will conduct a test flight to ensure that the 

sUAS functions properly.

14 C.F.R. 91.409: Inspections

This section lays out specific requirements for inspections of aircraft. Three Pines Productions

respectfully requests an exemption from these requirements because they are intended to maintain 

the safety of manned aircraft significantly larger and capable of significantly longer flights than is 

sUAS. Three Pines Productions’s pre-flight and post-flight inspections meet or exceed the level of 

safety achieved by adherence to 14 C.F.R. 91.409.

Equivalent level of safety: As discussed above and in Appendix D, Three Pines Productions 

has an inspection procedure that provides an equivalent level of safety to 14 C.F.R. 91.409. Before 

and after each flight, the flight crew will conduct an inspection of the sUAS as described previously.

14 C.F.R. 91.417: Maintenance records

Three Pines Productions respectfully requests an exemption from this Section, as it is only 

applicable for aircraft with an airworthiness certificate. Because Three Pines Productions will not 

have an airworthiness certificate, this Section is inapplicable.

Equivalent level of safety: The requested exemption will meet an equivalent level of safety 

to 14 C.F.R. 91.417 because Three Pines Productions will keep detailed maintenance records on 

every part as it is replaced, including but not limited to propellers, batteries, and electrical 

components. The detailed maintenance records will be accessible to the PIC and the VO before, 

during, and after operations.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Exibit 6: Memorandum from Mark W. Bury, Assistant Chief Counsel for Int’l Law, Legislation 

and Regulations, Fed. Aviation Admin., to John Duncan, Dir., Flight Standards Serv. (Aug. 8,

2014)

Federal Aviation Administration Memorandum

Date: August 8, 2014

To: John Duncan, Director, Flight Standards Service, AFS-1

From: Mark W. Bury, Assistant Chief Counsel for Internationa1 Law and Regulations, AGC-200

Prepared by: Dean E. Griffith, Attorney, AGC-220

Subject: Interpretation regarding whether certain required documents may be kept at an

unmanned aircraft's control station.

This memorandum addresses whether the pilot of an unmanned aircraft may keep airworthiness

certificates, aircraft manuals, and aircraft registration certificates at the unmanned aircraft's

ground control station and satisfy the regulatory requirements of sections 91. 9(b ), 91.203 (a) and

(b), 47.3(b)(2), and 47.3l(c) of Title 14, Code of Federal Regulations. This question has been

brought to our attention because of the impracticality of placing these documents on a small

aircraft with no pilot on board. As discussed below, we find that the intent of these regulations is

met if the pilot of the unmanned aircraft has access to these documents at the control station from

which he or she is operating the aircraft.

Section 91.9(b) prohibits operation of U.S.-registered civil aircraft unless "there is available in

the aircraft" an Airplane or Rotorcraft Flight Manual or other material, markings and placards.

The FAA stated that the purpose of this rule is to "insure that the information is readily available

to the pilot" for use during operations. See 40 Fed. Reg. 24665 (June 9, 1975), 37 Fed. Reg.

20022 (Sept. 23, 1972). The text of the rule and preamble to subsequent revisions of the rule

confirm the intent that the pilot is to have access to the material during flight. Accordingly, we

find that the intent of the rule is met if the information is maintained at the pilot's control station

such that it is available to the pilot.

Section 91.203(a) prohibits operation of a civil aircraft "unless it has within it" an appropriate

and current airworthiness ce1iificate and the aircraft's registration certification. Section

91.203 (b) requires that the airw01ihiness certificate be "displayed at the cabin or cockpit entrance

so that it is legible to passengers or crew." Similarly, sections 47.3(b)(2) and 47.3l(c) allow an

applicant for aircraft registration to any "in the aircraft" the second copy of the registration

application as temporary authority to operate without registration. These documents demonstrate

that the aircraft is appropriately certificated and registered, or is in the process of being

registered. Additionally, the FAA has previously addressed the requirement to display the

airworthiness certificate and found that the regulation permits displaying the certificate so that it

is only legible to the flight crew even if not legible to passengers. See Legal Interpretation to

Leonard A. Ceruzzi, from Donald P. Byrne, Acting Assistant Chief Counsel, Regulations and

Enforcement Division (Aug. 7, 1990). Accordingly, we find that maintaining these documents at

the pilot's control station would meet the intent of the rule as the pilot would be able to produce

the documents for his or her own information or to an FAA inspector.

We note that this memorandum is to be narrowly construed to unmanned aircraft systems and is

not intended to apply to operation of manned aircraft or optionally piloted aircraft with a pilot on

board.
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Exhibit 7: Douglas Trudeau, Realtor® Exemption No. 11138

Exemption No. 11138

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION 

ADMINISTRATION WASHINGTON, DC 20591 

In the matter of the petition of 

DOUGLAS TRUDEAU, REALTOR® 

 Regulatory Docket No. FAA-2014-0481 

for an exemption from Part 21; and 

§§ 45.23(b); 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) & (b); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) & (b) of 

Title 14, Code of Federal Regulations

GRANT OF EXEMPTION 

By letter dated July 12, 2014, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty (Trudeau), 1650 E 

River Road, Suite 202, Tucson, AZ 85718 petitioned the Federal Aviation Administration (FAA) for an 

exemption from part 21, subpart H; and Sections 45.23(b), 61.113(a) and (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), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) 

and (b) of Title 14, Code of Federal Regulations (14 CFR). The proposed exemption would allow Trudeau 

to operate the PHANTOM 2 Vision+ quad-copter unmanned aircraft system (UAS) to conduct aerial 

videography and cinematography to enhance academic community awareness for those individuals and 

companies unfamiliar with the geographical layout of the metro Tucson area and augment real estate listing 

videos. 

The petitioner requests relief from the following regulations: 

Part 21 prescribes the procedural requirements for issuing and changing design approvals, productions 

approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23(b) prescribes that 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. 

Section 61.113(a) and (b) prescribes that—

(a) no person who holds a private pilot certificate may act as a 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 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

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

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an airworthy condition. 

Section 91.7(b) prescribes that the pilot in command of a civil aircraft is responsible for determining 

whether that aircraft is in condition for safe flight and that the PIC shall discontinue the flight when 

unairworthy mechanical, electrical, or structural conditions occur. 

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft 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. 

Section 91.103(b) prescribes that a pilot shall for any flight, become familiar with runway lengths at 

airports of intended use, and takeoff and landing distance information. 

Section 91.109(a) prescribes, in pertinent part, 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. 

Section 91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to 

persons or property on the surface. 

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 

feet of the aircraft. 

(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. 

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without 

hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this 

section, provided each person operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and 

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums 

prescribed in paragraph (c) of this section. 

Section 91.121 requires, in pertinent part, 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.” 

Section 91.151(a) prescribes that 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 

[emphasis added]. 

Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has within 

it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. registration certificate 

issued to its owner or, for operation within the United States, the second copy of the Aircraft registration 

Application as provided for in § 47.31(c). 

Section 91.203(b) prescribes, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate 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. 

Section 91.405(a) requires, in pertinent part, that an aircraft operator or owner shall have that aircraft 

inspected as prescribed in subpart E of the same part and shall, between required inspections, except as 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

provided in paragraph (c) of the same section, have discrepancies repaired as prescribed in part 43 of the 

chapter.

Section 91.407(a)(1) prohibits, in pertinent part, any person from operating an aircraft that has undergone 

maintenance, preventive maintenance, rebuilding, or alteration unless it has been approved for return to 

service by a person authorized under § 43.7 of the same chapter. 

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an aircraft unless, within the 

preceding 12 calendar months, it has had an inspection for the issuance of an airworthiness certificate in 

accordance with part 21 of this chapter. 

Section 91.417(a) and (b) prescribes, in pertinent part, that—

(a) Each registered owner or operator shall keep the following records for the periods specified in paragraph 

(b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual, 

progressive, and other required or approved inspections, as appropriate, for each aircraft (including the 

airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include—

(i) A description (or reference to data acceptable to the 

Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on 

a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the 

inspection program under which the aircraft and its appliances are maintained.(v) The current status of 

applicable airworthiness directives (AD) and safety directives including, for each, the method of 

compliance, the AD or safety directive number and revision date. If the AD or safety directive involves 

recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and 

currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or 

superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under 

§ 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return 

to service. 

The petitioner supports his request with the following information: 

The petitioner has provided the following information – contained in his petition and supporting 

documentation including: 1) Supplemental Response for Petition, 2) PHANTOM Flying Flow Chart V1.0 

(Simplified Version), PHANTOM Quick Start Manual v1.7, PHANTOM Advanced Manual v.1.4, 3) 

PHANTOM 2 Vision+ User Manual 4) restricted areas map, 5) personal protocols and controls, and 6) 

Safety/Flight Manual (all hereinafter referred to as operating documents). 

The FAA has organized the petitioner’s information into four sections: 1) the unmanned aircraft system 

(UAS), 2) the UAS Pilot In Command (PIC), 3) the UAS operating parameters and 4) Public Interest. 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

Unmanned Aircraft System 

The petitioner states he plans to operate a UAS, the PHANTOM 2 Vision+, which is comprised of an 

unmanned aircraft (UA or PHANTOM) and a transportable ground station. The PHANTOM is referred to 

as a quad-copter with a maximum gross weight of about 3 pounds. It is equipped with four rotors that are 

driven by electric motors powered by batteries. The UA has a maximum airspeed of 30 knots. Petitioner 

plans to attach a small ultra-lightweight GoPro 3+ camera to his UA and operate the UA over various areas 

near Tucson, Arizona to enhance academic community awareness and augment real estate listing videos. 

Petitioner makes the following representations of operational enhancements which he proposes to abide by 

to ensure this exemption will provide a level of safety at least equal to existing rules: 

• He will only operate in reasonably safe environments that are strictly controlled, are away from power 

lines, elevated lights, airports and actively populated areas; and 

• He will conduct extensive preflight inspections and protocols, during which safety carries primary 

importance. 

The petitioner states that given the size, weight, speed, and limited operating area associated with the 

aircraft to be utilized by him, an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) 

and § 91.203 (a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted 

and meets the requirements for an equivalent level of safety under 14 CFR part 11 and Section 333 of P.L. 

112-95 (Section 333). 

Petitioner requests an exemption from § 45.23 Marking of the aircraft because his UA will not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, he states that two-inch lettering 

is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. 

Regardless of this, petitioner states that he will mark his UAS in the largest possible lettering by placing the 

word “Experimental” on its fuselage as required by § 45.29(f) so that he or anyone assisting him as a spotter 

will see the markings. 

The petitioner states that an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections may be required and should be granted since they only apply to aircraft with an 

airworthiness certificate. However, the petitioner states as a safety precaution he will perform a preflight 

inspection of his UAS before each flight as outlined in his operating documents. 

UAS Pilot in Command (PIC) 

The petitioner asserts that under § 61.113 (a) and (b) private pilots are limited to non-commercial 

operations, however he can achieve an equivalent level of safety as achieved by current regulations because 

his UAS does not carry any pilots or passengers. Further, he states that, while helpful, a pilot license will 

not ensure remote control piloting skills. He further indicates that the risks of operating a UAS are far less 

than the risk levels inherent in the commercial activities outlined in 14 CFR part 61, et seq., thus he requests 

an exemption from § 61.113 Private Pilot Privileges and Limitations: Pilot in command. 

Regarding UAS operational training, the petitioner states he has flown numerous practice flights in remote 

areas as a hobbyist simulating flights for future commercial use to gain familiarization with the 

characteristics of his UAS’ performance under different temperature and weather conditions. He further 

states that he practices computerized simulated flights to maintain adequate skills and response reflex time. 

In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary airman 

certificate in accordance with § 63.13, to allow him time to obtain a private pilot certificate or to allow the 

FAA time to establish minimum UAS airman certification standards. 

UAS Operating Parameters 

The petitioner states that he will abide by the following additional operating conditions under this 

exemption: 

• operate his UAS below 300 feet and within a radius distance of 1000 feet from the controller to both aid in 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

direct line of sight visual observation;

• operate the UAS for 3-7 minutes per flight; 

• land his UAS prior to the manufacturer’s recommended minimum level of battery power; 

• operate his UAS only within visual line of sight (VLOS); 

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly 

lands if communication with the remote control pilot is lost; 

• conduct all operations under his own personal and flight safety protocols (including posting a warning 

sign reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in the 

operating documents and will actively analyze flight data and other sources of information to constantly 

update and enhance his safety protocols; 

• contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, 

flight duration, elevation of flight and other pertinent information; 

• always obtain all necessary permissions prior to operation; and 

• have procedures in place to abort flights in the event of safety breaches or potential danger. 

Petitioner states that § 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. The 

petitioner asserts that since there is currently no certificate applicable to his operation, this regulation is 

inapplicable. 

Petitioner states that § 91.9(b)(2) requires an aircraft flight manual in the aircraft, however since there are 

no pilots or passengers on board his aircraft and given its size, this regulation is inapplicable. He further 

indicates an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS 

ground station. Although petitioner requests an exemption from § 91.103(b) Preflight action, he provides no 

information supporting his request. 

Similarly, the petitioner requests an exemption from § 91.109 Flight instruction; simulated instrument flight 

and certain flight test, and provides no information indicating how safety will be maintained if an 

exemption to this section is granted. 

Petitioner states that § 91.119 prescribes safe altitudes for the operation of civil aircraft, but that it allows 

helicopters to be operated at lower altitudes in certain conditions. Petitioner states he will not operate his 

UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in safe areas away 

from the public and traffic, thus “providing a level of safety at least equivalent to or below those in relation 

to minimum safe altitudes.” The petitioner asserts that given the size, weight, maneuverability, and speed of 

his UAS, an equivalent or higher level of safety will be achieved. 

Petitioner indicates that § 91.121 Altimeter settings is inapplicable since he UAS utilizes electronic GPS 

with a barometric sensor. 

While petitioner requests an exemption from § 91.151(a) Fuel requirements for flight in VFR conditions, he 

provides no information supporting his request for this exemption. 

Public Interest 

The petitioner states that aerial videography for geographical awareness and for real estate marketing has 

been around for a long time through manned fixed wing aircraft and helicopters, but for small business 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

owners, its expense has been cost-prohibitive. Granting this exemption to the petitioner would allow him to 

provide this service at a much lower cost. Further, the petitioner indicates his small UAS will pose no threat 

to the public given its small size and lack of combustible fuel when compared to larger manned aircraft. The 

petitioner also states that the operation of his UAS will minimize ecological damage and promote economic 

growth by providing information to companies looking to relocate or build in the Tucson metro area. 

Discussion of Public Comments: 

A summary of the petition was published in the Federal Register on August 8, 2014 (79 FR 46500). The 

petition received five comments. During the comment period, the petitioner submitted supplemental 

information in response to several of the comments. 

Of the five comments received, including four from trade organizations and one submitted by an individual, 

three raised concerns with the petition and one was specifically opposed. The other two supported the 

petition. Three trade organizations submitted letters expressing various concerns with the petition for 

exemption, including the Air Line Pilots Association International (ALPA), the National Agricultural 

Aviation Association (NAAA), and the United States Hang Gliding & Paragliding Association (USHPA). 

ALPA expressed concern regarding certain conditions outlined in Trudeau’s petition. ALPA noted that the 

proposed operations will be for “compensation or hire,” and believes the UAS pilot must hold at least a 

current FAA Commercial Pilot Certificate with an appropriate category and class rating for the type of 

aircraft being flown and a current second-class airman medical certificate. ALPA also noted that this is the 

requirement for compensation or hire operations in the National Airspace System (NAS) today. NAAA and 

USHPA raised similar concerns on pilot qualification. NAAA and USHPA asserted that the operator should 

hold a pilot certificate and be thoroughly familiar with the limitations of manned aircraft flight. NAAA 

further stated that requirements for UAS pilot licensing should be developed along with other rigorous rules 

and qualifications to ensure safe integration of the unmanned aircraft into the NAS. The Small UAV 

Coalition (Coalition) disagreed with ALPA, NAAA and USHPA, asserting that a pilot certification should 

not be required for small unmanned operations such as the petitioner’s. 

The FAA has carefully reviewed the concerns expressed in these comments and the discussion regarding 

knowledge, training, and medical certification required by holders of both private and commercial pilot 

certificates. Additional details are available in the ensuing analysis of this issue with regard to 14 CFR part 

61. ALPA stated that the petitioner asserts that although he plans to fly below 300 feet above the surface and 

will generally not operate near populated areas, he also states he plans to survey real estate development 

which ALPA believes are by definition populated areas. ALPA also stated that the petitioner’s area of 

operations as outlined in his exhibits show he would be within the airport traffic area of both Tucson 

International Airport and Davis-Monthan AFB. ALPA also raised concerns about whether the petitioner’s 

UAS’ barometric sensor will enable him to accurately address his altitude restrictions. ALPA also asserted 

that processes or mitigations, such as redundant control capability, fail-safe systems, and backups, and 

specific, validated procedures for system and equipment failures, must be in place to ensure the aircraft and 

its control system(s) operate to the same level of safety as other aircraft operated commercially in the NAS. 

NAAA stated commercial UAS should have to receive airworthiness certification by the FAA to ensure they 

can safely operate in the NAS without posing a hazard to persons or property. 

ALPA commented that command and control (C2) link failures are one of the most common failures on a 

UAS, and that lost link mitigations should require safe modes to prevent UA fly-away or other scenarios. If 

lost-link occurs, mitigations like auto-hover, auto-land, return-to-home and geo-fencing boundary 

protection must be incorporated into the navigation and control systems for the UAS to safely land or reestablish C2.10 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

The FAA agrees and carefully examined the proposed operation to ensure that the vehicle design and the 

petitioner’s supporting documentation addressed potential hazards related to C2 failure. The FAA finds that 

the UAS to be operated by Trudeau has sufficient design features to address these hazards. Further detail is 

contained in the analysis of the UAS below. 

Regarding use of the NAS, ALPA noted there must be means to ensure the UA remains within the defined 

airspace and to ensure the hazard of other aircraft intruding on the operation is mitigated. ALPA stated given 

the absence of an onboard pilot, the means to meet the requirements to “see and avoid” must be specified. 

ALPA also expressed concern, stating that “because the waiver request is not for a specific operation but 

rather for all operations of the same general type, the FAA’s oversight task is considerably increased.” Per 

the conditions and limitations below, the FAA has prescribed operator, pilot and notification requirements to 

ensure that appropriate oversight can occur. 

The FAA agrees and has required specific conditions and limitations outlined below related to the use of a 

visual observer, that the pilot be a current FAA certificated private pilot and that a notice-to-airmen 

(NOTAM) be issued prior to operations. 

NAAA stated that it represents the interests of small business owners and pilots licensed as commercial 

applicators and ensuring safe low-level airspace includes minimizing obstructions which are difficult to be 

seen and identified by the pilots. NAAA members operate in low-level airspace, and clear low-level 

airspace is vital to the safety of these operators. NAAA stated that seeing and avoiding other aircraft and 

hazardous obstructions is the backbone for agricultural safety, and agricultural pilots depend on pilots of 

other aircraft to perform their see and avoid functions needed to prevent collisions. NAAA believes that UA 

operations at low altitudes will increase the potential of collision hazards with agricultural aircraft. NAAA 

requested that operators of UAS develop ways of making the presence of UAS known to VFR air traffic if 

they are to be integrated into the NAS and, for areas with less UAS activity, recommended a procedure for 

issuing NOTAMs when they are present. 

The FAA agrees and has incorporated this into the conditions and limitations of this exemption. NAAA’s 

notification concerns are also addressed by the conditions and limitations that will require an Air Traffic 

Organization issued Certificate of Waiver or Authorization (COA) to address airspace requirements and 

notification. Further detail is contained in the analysis of the UAS operating parameters below. 

NAAA proposed UAS comply with 13 measures similar to those presented by the North Dakota 

Agricultural Aviation Association to the North Dakota Department of Commerce, the organization awarded 

the North Dakota UAS test site. 

The FAA believes the limitations under which the petitioner will operate (i.e. VLOS and at or below 300 

feet AGL) and the UAS emergency procedures as outlined in the petitioner’s supplemental documentation 

are sufficient mitigations to this risk so that the operations will not adversely affect safety. Further, the FAA 

addressed additional concerns raised by NAAA by adding operating conditions and limitations regarding 

operations in the proximity of airports, stand-off distance from clouds, altitude restrictions, and operating 

distance from non-participating persons. Further detail is contained in the analysis of the UAS operating 

parameters below. 

The USHPA also raised concerns about the identification marking regulations as well as the petitioner’s 

need to coordinate his operations with airports and comply with local and state notification regulations 

associated with his type of activity. 

Commenter James Lee wrote in support of Trudeau’s petition, so long as he does not fly higher than 200 

feet within a quarter mile from an airport or any flight path or flight operation and never flies above 400 

feet AGL. 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

The FAA considered USHPA’s and Mr. Lee’s concerns and included conditions and limitations to address 

these issues as outlined below. 

Lastly, the Small UAV Coalition submitted extensive comments supporting the petition. These included 

suggestions that the FAA: apply regulations differently to small UAVs versus those in the air transport 

category, not require all seven factors outlined in Section 333 as a prerequisite for every exemption (i.e. 

beyond visual line of sight (VLOS); weight; size, altitude, airspace, geographic area, and proposed 

technology), and consider Trudeau’s safety protocols including his posting of signs warning of flights as 

sufficient to enable operations in populated areas. Regarding use in the NAS, the Small UAV Coalition 

stated, in part, that the FAA's safety evaluation of UAV operations should not hinge on the type of operation 

(i.e. public, commercial, recreational or philanthropic) rather operational risks and steps that can be taken to 

eliminate or reduce such risks. The Small UAV Coalition also commended the petitioner for developing a 

“Personal Protocols and Controls” document that details how he will contact any airport within a 5 mile 

radius in advance of his proposed UAV operation. 

The FAA's analysis is as follows: 

Unmanned aircraft system (UAS) 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts. In 

accordance with the statutory criteria provided in Section 333 of P.L. 112-95 in reference to 49 USC § 

44704, and in consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, and any 

associated noise certification and testing requirements of part 36, is not necessary. 

Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are operated by 

an onboard pilot and may carry other onboard crewmembers, as well as 100 gallons or more of fuel. The 

petitioner’s UA weighs less than 3 lbs. The pilot and crew will be remotely located from the aircraft. The 

limited weight reduces the potential for harm to persons or damage to property in the event of an incident or 

accident. The risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a 

UAS for the proposed operation. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. The Phantom 2 

Vision+ carries no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is 

eliminated. 

This exemption does not require an electronic means to monitor and communicate with other aircraft, such 

as transponders or sense and avoid technology. Rather the FAA is mitigating the risk of these operations by 

placing limits on altitude, requiring stand-off distance from clouds, permitting daytime operations only, and 

requiring that the UA be operated within VLOS and yield right of way to all manned operations. 

Additionally, the exemption provides that the operator will request a notice to airmen (NOTAM) prior to 

operations to alert other users of the NAS. These mitigations address concerns raised by NAAA and ALPA 

regarding awareness of UAS operations occurring in the airspace. 

The petitioner’s UAS has the capability to operate safely after experiencing certain in-flight contingencies 

or failures and uses an auto-pilot system to maintain UAS stability and control. The UAS is also able to 

respond to a loss of GPS or a lost-link event with pre-coordinated automated flight maneuvers. These safety 

features provide an equivalent level of safety compared to a manned aircraft holding a restricted 

airworthiness certificate performing a similar operation and address concerns raised by ALPA and NAAA. 

Regarding the petitioner’s requested relief from 14 CFR 45.23(b), Display of marks, the petitioner requests 

this relief under the assumption that marking with the word “experimental” will be required as a condition 

of a grant of exemption. However, this marking is reserved for aircraft that are issued experimental 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

certificates under 14 CFR 21.191. The petitioner’s UAS will not be certificated under § 21.191, and 

therefore the “experimental” marking is not required. Since the petitioner’s UAS will not be certificated 

under § 21.191, a grant of exemption for § 45.23(b) is not necessary. 

Regarding the petitioner’s requested relief from 14 CFR 91.405(a), Maintenance required, 91.407(a)(1), 

Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2), Inspections, 

and 91.417(a) and (b), Maintenance records, the FAA has determined that relief from § 91.409(a)(1) is also 

necessary because it is an alternate inspection requirement of § 91.409(a)(2). The petitioner proposes to 

inspect and ensure that the UAS is in a condition for safe flight. 

Therefore, the FAA finds that adherence to the petitioner’s operating documents and the conditions and 

limitations below, describing the requirements for maintenance, inspection, and record keeping, are 

sufficient to ensure that safety is not adversely affected. Accordingly, the FAA finds that exemption from 14 

CFR 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted. 

Pilot In Command (PIC) of the UAS 

Regarding the petitioner’s requested relief from 14 CFR 61.113(a) and (b), Private pilot privileges and 

limitations, the petitioner requested regulatory relief to operate his UAS without an FAA-certificated pilot. 

In support of his request, the petitioner states that “while helpful, a pilot license will not ensure remote 

control piloting skills.” However, the FAA does not possess the authority to exempt the petitioner from the 

statutory requirement to hold an airman certificate, as prescribed in 49 USC § 44711.2 Although Section 333 

provides limited statutory flexibility relative to 49 USC § 44704 for the purposes of airworthiness 

certification, it does not provide similar flexibility relative to other sections of Title 49. 

2 49 USC § 44711 prohibits a person from serving “in any capacity as an airman with respect to a civil aircraft, aircraft 

engine, propeller, or appliance used, or intended for use, in air commerce...without an airman certificate authorizing the 

airman to serve in the capacity for which the certificate was issued . . . .”.

Unlike operations pursuant to public COAs, the FAA is also requiring a pilot certificate for UAS operations 

for two reasons, the first of which is to satisfy the statutory requirements as stated above. The second is 

because pilots holding an FAA issued private or commercial pilot certificate are subject to the security 

screening by the Department of Homeland Security that certificated airmen undergo. As previously 

determined by the Secretary of Transportation, the requirement to have an airman certificate ameliorates 

security concerns over civil UAS operations conducted in accordance with Section 333. 

Given these grounds, the FAA must determine the appropriate level of pilot certification for the petitioner’s 

proposed operation. 

Under current regulations, civil operations for compensation or hire require a PIC holding a commercial 

pilot certificate per 14 CFR part 61. Based on the private pilot limitations in accordance with pertinent parts 

of 14 CFR 61.113(a) and (b), a pilot holding a private pilot certificate cannot act as a PIC of an aircraft for 

compensation or hire unless the flight is only incidental to a business or employment. However, in Grant of 

Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private pilot 

certificate operating the Astraeus UAS would not adversely affect operations in the NAS or present a hazard 

to persons or property on the ground. 

As discussed above, the petition received three comments registering concern about pilot certification. 

ALPA stated its opposition to the proposed operation by a non-certificated pilot without a required medical 

certificate. ALPA believes that the operation should be conducted by a PIC holding a current FAA 

commercial pilot certificate with an appropriate category and class rating for the type of aircraft being 

flown and a current second-class airman medical certificate. NAAA stated that the UAS pilot should be a 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

commercial pilot or have similar training and can demonstrate knowledge of aviation safety and 

communication procedures. USHPA stated that since the petitioner has not indicated any restriction to 

location of his operations, nor his knowledge of airspace rules, and because his operations would constitute 

commercial operations, he should be required to meet that level of certification. 

The FAA has analyzed the petitioner’s proposed operation, considered the comments above, and determined 

it does not differ significantly from the situation described in Grant of Exemption No. 11062 (Astraeus). 

The petitioner plans to operate in the NAS over private property while also limiting access to the property at 

times he is operating the UA. Given: 1) the similar nature of the petitioner’s proposed operating 

environment to that of Astraeus, 2) the parallel nature of private pilot aeronautical knowledge requirements 

to those of commercial requirements [ref: Exemption No. 11062], and 3) the airmanship skills necessary to 

operate the UAS, the FAA finds that the additional manned airmanship experience of a commercially 

certificated pilot would not correlate to the airmanship skills necessary for the petitioner’s proposed 

operations. Therefore, the FAA finds that a PIC holding a private pilot certificate and a third-class airman 

medical certificate is appropriate for the proposed operations. 

With regard to the airmanship skills necessary to operate the UAS, the petitioner has provided no training 

program, minimum flight time hours, or test standards to demonstrate his capability to meet some of the 

conditions and limitations below including avoiding hazards, reacting to emergencies, or maintaining 

specific distances from persons or property. The petitioner indicates he avoids risks that may cause a crash 

and that he has flown numerous practice flights in remote areas as a hobbyist simulating flights for future 

commercial use to gain familiarization with the characteristics and performance of this UAS under different 

temperature and wind conditions. He also mentions his computerized simulated flights to maintain adequate 

skills and response reflex time. 

Since the petitioner provides no information regarding a training program, minimum flight time hours, or 

test standards to demonstrate his capability to operate safely, and in response to concerns raised by ALPA, 

NAAA, and USHPA, the FAA reviewed the minimum requirements for providing a waiver to manned 

operations under 14 CFR 91.119. While this process applies to an operator seeking a waiver rather than an 

exemption, the exemption process is similar. Manned operations that require relief from 14 CFR 91.119 in 

the form of a waiver have established minimum requirements for pilot personnel (PIC). 3 

3 FAA Order 8900.1, Volume 3, Chapter 7, Section 1 Issue a Certificate of Waiver or Authorization: § 91.119(b) and/or (c) 

(Minimum Safe Altitudes) and FAA Order 8900.1, Volume 3, Chapter 8, Section 1, Issue a Certificate of Waiver for Motion 

Picture and Television Filming. 

1) at least 500 hours logged as the PIC and at least 20 hours logged as the PIC in the aircraft type; 

2) a minimum of 25 hours (or 100 hours in the case of motion picture operations) in the same category and 

class of aircraft to be used; and 

3) a minimum of 5 hours in the make and model aircraft to be used under the waiver. 

However, given the relative size, weight, speed and operating parameters of the proposed UAS operations 

and its accompanying reduction in risk to persons and property when compared to manned operations, these 

minimum requirements should be reduced, but not eliminated. UAS operators still need to establish 

airmanship skills in order to meet the conditions and limitations listed below such as the ability to maneuver 

near but maintain specific distances from persons and property, respond to unexpected emergencies, or 

avoid objects as well as the ability to avoid potential conflicts with manned aircraft. In consideration of the 

above, the FAA must determine the appropriate level of pilot flight hours necessary to qualify the PIC for 

the petitioner’s proposed operations. The FAA has considered minimum skills and associated flight-hours 

necessary to practice and build proficiency in these skills. The petitioner is responsible for assessing its 

operations and identifying any additional skills required to operate safely under normal and abnormal 

conditions. Normal condition skills may include the ability to maintain altitude, maintain VLOS, and 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

navigational skills. Abnormal condition skills may include the ability to avoid obstacles, avoid air traffic, 

and respond to loss of link. 

In making its determination the FAA considered the requirements proposed by Astraeus in Exemption No. 

11062. The FAA notes that the petitioner’s proposed operation is similar to that authorized in Exemption 

No. 11062 because both include operations closer than 500 feet from persons, vessels, vehicles, and 

structures. In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of 

motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours 

logged as a UAS pilot with a multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC 

must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and 

model of UAS to be used for operations under the exemption. For clarification, the FAA considers these 

minimum hour requirements to be inclusive rather than additive; i.e. 5 hours make and model time may be 

included in the 10 hours of multi-rotor time and the 10 hours may be included in the total 25 hours of UAS 

rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 take-offs and landings in 

the preceding 90 days (for currency purposes). The FAA finds that at a minimum, the flight-hour 

requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills 

necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations would satisfy this 

requirement. Training, proficiency, and experience-building flights can also be conducted under the grant of 

exemption to accomplish the required flight time. During training, proficiency, and experience-building 

flights the PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 

The flight-hours above are considered appropriate given the circumstances of the proposed operation and 

the description provided by the petitioner of the preparations he has undertaken to conduct the UAS 

operation safely. The petitioner may determine through its safety assessment that additional hours are 

necessary to address all potential flight hazards and requisite airmanship skills. Consequently, the FAA has 

included in the conditions and limitations below that the petitioner may not permit any PIC to operate 

unless that PIC is able to safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances 

from persons, vessels, vehicles and structures. 

In conclusion, the FAA finds that prior to operations the PIC must, at a minimum, hold a private pilot 

certificate, a third-class airman medical certificate, and completed the minimum flight hour and currency 

requirements as stated in the conditions and limitations below. Thus, the FAA finds relief from 14 CFR 

61.113(a) and (b) is warranted. 

In a supplemental request to the FAA, the petitioner requests consideration of a 120 day temporary airman 

certificate in accordance with 14 CFR 63.13, to allow him time to obtain a private pilot certificate. The 

requested relief is not applicable to pilot certificates because, 14 CFR 63.1, Applicability, states this part 

prescribes the requirements for issuing flight engineer and flight navigator certificates and the general 

operating rules for holders of those certificates, only. Thus, 14 CFR 63.13 does not provide a basis from 

which to issue a temporary pilot certificate as requested by the petitioner and the requested relief is denied. 

The petitioner has also indicated he will supplement his proposed operation(s) with a spotter, hereafter 

referred to as a visual observer (VO). The conditions and limitations below stipulate that the PIC must 

ensure that the VO can perform the functions prescribed in the operating documents. Additionally, as 

discussed in Exemption No. 11109 to Clayco, Inc., there are no regulatory requirements for visual observer 

medical certificates. Although a medical certificate is not required for a VO, the UA must never be operated 

beyond the actual visual capabilities of the VO, and the VO and PIC must have the ability to maintain visual 

line of sight (VLOS) with the UA at all times. It is the responsibility of the PIC to be aware of the VO’s 

visual limitations and limit operations of the UA to distances within the visual capabilities of both the PIC 

and VO. Moreover, the VO will not be operating the aircraft. Therefore, as in Grant of Exemption No. 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

11062 to Astraeus, the FAA does not consider a medical certificate necessary for the VO. 

Operating parameters of the UAS 

Regarding the petitioner’s requested relief from 14 CFR 91.7(a) Civil aircraft airworthiness, petitioner’s 

request is based on his belief that since no FAA regulatory standard exists for determining airworthiness of 

the UAS, the regulation is inapplicable. While the petitioner’s UAS will not require an airworthiness 

certificate in accordance with 14 CFR part 21, Subpart H, the FAA considers the petitioner’s compliance 

with his operating documents to be sufficient means for determining an airworthy condition. Therefore, 

relief from § 91.7(a) is granted. The petitioner is still required to ensure that his aircraft is in an airworthy 

condition – based on compliance with the operating documents prior to every flight, and as stated in the 

conditions and limitations below. 

Additionally, in accordance with 14 CFR 91.7(b), the PIC of the UAS is responsible for determining 

whether the aircraft is in a condition for safe flight. The FAA finds that the PIC can comply with this 

requirement, therefore relief from § 91.7(b) is not necessary. 

Regarding the petitioner’s requested relief from 14 CFR 91.9 Civil aircraft flight manual, marking, and 

placard requirements and 14 CFR 91.203(a) and (b) Civil aircraft: Certifications required, the FAA has 

previously determined that relief from these sections is not necessary. Relevant materials may be kept in a 

location accessible to the PIC in compliance with the regulations. 

Regarding the petitioner’s requested relief from 14 CFR 91.103, Preflight Action, the petitioner requires 

each PIC to take certain actions before flight to ensure the safety of the flight. The exemption is needed 

because the pilot will take separate preflight actions as referenced in the operating documents. Although 

there will be no approved Airplane or Rotorcraft Flight Manual available, the FAA believes that the 

petitioner can comply with the other applicable requirements in 14 CFR 91.103(b)(2). The procedures 

outlined in the operating documents address the FAA’s concerns regarding compliance with § 91.103(b). 

The PIC will take all actions including reviewing weather, flight battery requirements, landings, and takeoff 

distances and aircraft performance data before initiation of flight. The FAA has imposed stricter 

requirements with regard to visibility and distance from clouds; this is to both keep the UA from departing 

the VLOS and to preclude the UA from operating in the NAS. The FAA also notes the risks associated with 

sun glare; the FAA believes that the PIC’s and VO’s ability to still see other air traffic, combined with the 

PIC’s ability to initiate a return-to-home sequence, are sufficient mitigations in this respect. The PIC will 

also account for all relevant site-specific conditions in his or her preflight procedures. Therefore, the FAA 

finds that exemption from 14 CFR 91.103 is not necessary. 

Regarding the petitioner’s requested relief from 14 CFR 91.109(a), Flight instruction; Simulated instrument 

flight and certain flight tests, the petitioner did not describe training scenarios in which a dual set of 

controls would be utilized or required, i.e. dual flight instruction, provided by a flight instructor or other 

company-designated individual, that would require that individual to have fully functioning dual controls. 

Rather, the petitioner refers to his “numerous practice flights in remote areas as a hobbyist.” But, as outlined 

above, the FAA is requiring that the petitioner’s PIC possess at least a private pilot’s certificate. Also, the 

currency requirements expressed in the conditions and limitations below will help ensure that a PIC training 

on the UAS has the authority to operate the UAS during training flights as PIC in accordance with § 

61.31(l). The FAA will impose a limitation that those training operations are only conducted during 

dedicated training sessions. As such, the FAA finds that the petitioner can conduct his operations without 

the requested relief from § 91.109. 

The petitioner’s requested relief from 14 CFR 91.119, Minimum safe altitudes, relief from § 91.119(a), 

which requires operating at an altitude that allows a safe emergency landing if a power unit fails, is not 

granted. The FAA expects the petitioner to be able to perform an emergency landing without undue hazard 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

to persons or property on the surface if a power unit fails. Relief from § 91.119(b), operation over congested 

areas, is not granted, because, as discussed below, operations over congested areas will not be permitted 

under this exemption. 

Relief from § 91.119(c) is necessary because the aircraft will be operated at altitudes below 300 feet AGL. 

Section 91.119(c) states that no person may operate an aircraft below the following altitudes: 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. The petitioner states that he will operate pursuant to the following, self-imposed 

restrictions related to § 91.119: 

• operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated 

lights, airports and actively populated areas away from public and traffic; 

• conduct all operations under his own personal safety protocols (including posting a warning sign reading: 

“Attention Aerial Photography in Progress – Remain Back 150 Feet”) contained in the operating documents 

and will actively analyze flight data and other sources of information to constantly update and enhance his 

safety protocols; 

• contact respective airports if operations will be within 5 miles to advise them of his estimated flight time, 

flight duration, elevation of flight and other pertinent information; and 

• always obtain all necessary permissions prior to operation. 

The petitioner proposes to avoid “actively populated areas” but does not explain how these areas are 

determined. As in Exemption No. 11110 (Trimble Navigation, Ltd.), the FAA notes that avoidance of areas 

which are depicted in “yellow” on VFR charts is a practicable step in assuring that operations are not 

conducted over congested or densely populated areas. However, using these “yellow” areas solely to make 

this determination is not sufficient. Pilots may obtain information regarding congested areas from the local 

Flight Standards District Office (FSDO). Therefore, operations over congested or densely populated areas 

are prohibited as stated in the conditions and limitations below. 

The petitioner did not describe stand-off distances from persons, vessels, vehicles and structures. Section 

91.119(c) requires that aircraft operate no closer than 500 feet to these persons or objects. As discussed in 

Exemption No. 11109 (Clayco, Inc.), operations conducted closer than 500 feet to the ground may require 

that the UA be operated closer than 500 feet to essential persons, or objects that would not be possible 

without additional relief. Therefore, the FAA is requiring that prior to conducting UAS operations, all 

persons not essential to flight operations (nonparticipating persons) must remain at appropriate distances. In 

open areas, this requires the UA to remain 500 feet from all persons other than essential flight personnel 

(i.e. PIC, VO, operator trainees or essential persons). The FAA has also considered the UA’s maximum 

gross weight of approximately 3 pounds. If barriers or structures are present that can sufficiently protect 

nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer 

than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating 

persons remain under such protection. If a situation arises where nonparticipating persons leave such 

protection and are within 500 feet of the UA, flight operations must cease immediately. When considering 

how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In 

addition, the FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and 

structures when the owner/controller of any such vessels, vehicles or structures grants permission for the 

operation and the PIC makes a safety assessment of the risk of operating closer to those objects and 

determines that it does not present an undue hazard. 

Thus, the FAA finds that relief from § 91.119(c) is warranted provided adherence to the procedures in the 

operating documents and the FAA’s additional conditions and limitations outlined below. Relief from § 

91.119(a) is unwarranted as the FAA expects the petitioner to be able to perform an emergency landing 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

without undue hazard to persons or property on the surface. Relief from §§ 91.119(b) is not granted and 

91.119(d) is not applicable. 

Regarding the petitioner’s requested relief from 14 CFR 91.121 Altimeter Settings, the petitioner has a 

barometric altimeter and GPS derived altitude capabilities. However, as stated in the conditions and 

limitations below, the FAA requires any altitude reported to ATC to be in feet AGL. The petitioner may 

choose to set the altimeter to zero feet AGL rather than local barometric pressure or field altitude before 

flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is granted to 

the extent necessary to comply with the applicable conditions and limitations stated below. 

Regarding the petitioner’s requested relief from § 91.151 (a) Fuel requirements for flight in VFR conditions, 

prior relief has been granted for manned aircraft to operate at less than prescribed minimums, including 

Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS-specific relief has been granted in 

Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The petitioner’s only reference to 

this section is his commitment to land the UAS prior to the manufacturer’s recommended minimum level of 

battery power. The operating documents indicate that two low-voltage (low battery) alerts are issued -

warning that the first alert should be followed (30% - low battery level warning). Further, the petitioner has 

indicated his flights will last only 3-7 minutes each. Also, the UAS has an automated function which results 

in immediate landing when a low battery is detected. These factors provide the FAA with sufficient reason 

to grant the relief from 14 CFR 91.151(a) as requested in accordance with the conditions and limitations 

below, that prohibit the PIC from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly to the first point of intended landing and, assuming normal cruising 

speed, land the UA with 30% battery power remaining. 

Regarding an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA), the 

majority of current UAS operations occurring in the NAS are being coordinated through Air Traffic Control 

(ATC) by the issuance of a COA. This is an existing process that not only makes local ATC facilities aware 

of UAS operations, but also provides ATC the ability to consider airspace issues that are unique to UAS 

operations. The COA will require the operator to request a NOTAM, which is the mechanism for alerting 

other users of the NAS to the UAS activities being conducted. The conditions and limitations below 

prescribe the requirement for the petitioner to obtain an ATO-issued COA. 

Public Interest 

The FAA finds that a grant of exemption is in the 

public interest. The enhanced safety and reduced 

environmental impact 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. The 

following table summarizes the FAA’s 

determinations regarding the relief sought by the 

petitioner: Relief considered (14 CFR) 

FAA determination (14 CFR) 

Part 21 Relief not necessary 

45.23(b) Relief not necessary 

61.113(a) and (b) Relief granted with conditions and limitations 

63.13 Relief not granted 

91.7(a) Relief granted with conditions and limitations 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

91.9(b)(2) Relief not necessary 

91.103(b) Relief not necessary 

91.109 Relief not necessary 

91.119 Paragraph (c) granted with conditions and limitations 

91.121 Relief granted with conditions and limitations 

91.151(a) Paragraph 91.151(a)(1), day, granted with conditions

and limitations 

91.203(a) and (b) Relief not necessary 

91.405(a) Relief granted with conditions and 

The FAA’s Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, 

pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the 

Administrator, Mr. Douglas Trudeau, Realtor®, of Tierra Antigua Realty, is granted an exemption from 14 

CFR 61.113(a) and (b), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b) to the extent necessary to allow petitioner to operate an unmanned aircraft 

systems (UAS) for the purpose of aerial videography/cinematography and augment real estate listing 

videos. This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

Relative to this grant of exemption, Trudeau is hereafter referred to as the operator. 

The following documents provided by the operator in its petition, 1) Supplemental Response for Petition, 2) 

PHANTOM Flying Flow Chart V1.0 (Simplified Version), PHANTOM Quick Start Manual v1.7, 

PHANTOM Advanced Manual v.1.4, 3) PHANTOM 2 Vision+ User Manual 4) restricted areas map, 5) 

personal protocols and controls, and 6) Safety/Flight Manual, are hereinafter referred to as operating 

documents. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be grounds for 

the immediate suspension or rescission of this exemption. 

1) Operations authorized by this grant of exemption are limited to the following aircraft described in the 

operating documents which is a quad-rotor aircraft weighing less than 3 pounds: PHANTOM 2 Vision+ 

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 30 knots. 

3) The UA must be operated at an altitude of no more than 300 feet above ground level (AGL), as indicated 

by the procedures specified in the operating documents. All altitudes reported to ATC must be in feet AGL.

4) The UA must be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times. 

This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as 

specified on the PIC’s FAA-issued airman medical certificate. 

5) All operations must utilize a visual observer (VO). The UA must be operated within the visual line of 

sight (VLOS) of the VO at all times. The VO may be used to satisfy the VLOS requirement as long as the 

PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. 

The PIC must be designated before the flight and cannot transfer his or her designation for the duration of 

the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating 

documents. 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

6) The operating documents and this grant of exemption must be accessible during UAS operations and 

made available to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, the conditions and 

limitations herein take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operating documents. The operator may update or revise its operating 

documents. It is the operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator upon request. The operator must also present updated and revised 

documents if he petitions for extension or amendment to this grant of exemption. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS80) may be contacted if questions arise regarding updates or revisions to the operating documents. 

7) Prior to each flight, the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the UAS is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a condition for 

safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and 

alterations must be properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. 

replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the 

functional test flight must make an entry in the aircraft records. 

9) The pre-flight inspection section in the operating documents must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not already covered in the relevant sections of the operating 

documents.

10) The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11) The operator must carry out its maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations must be noted in the 

aircraft records, including total flight hours, description of work accomplished, and the signature of the 

authorized person returning the UAS to service. 

12) Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

13) The authorized person must make an entry in the aircraft record of the corrective action taken against 

discrepancies discovered between inspections. 

14)UAS operations must be conducted by a PIC possessing at least a private pilot certificate and at least a 

current third-class medical certificate. The PIC must also meet the flight review requirements specified in 

14 CFR 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

15) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting 

real estate listing videos (or similar operations), the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), a minimum of 25 hours of total time as a UAS rotorcraft pilot including at 

least 10 hours logged as a UAS pilot with a multi-rotor UAS. Prior documented flight experience that was 

obtained in compliance with applicable regulations may satisfy this requirement. Training, proficiency, and 

experience-building flights can also be conducted under this grant of exemption to accomplish the required 

flight time. However, said training operations may only be conducted during dedicated training sessions. 

During training, proficiency, and experience-building flights the PIC is required to operate the UA with 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

appropriate distances in accordance with 14 CFR 91.119. 

16) Prior to operations conducted for the purpose of aerial videography/cinematography and augmenting 

real estate listing videos (or similar operations), the PIC must have accumulated and logged, in a manner 

consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the 

UAS to be used in operations under the exemption; 5 hours make and model time may be included in the 10 

hours of multi-rotor time prescribed above. The PIC must accomplish 3 take-offs and landings in the 

preceding 90 days (for currency purposes). Training, proficiency, experience-building, and take-off and 

landing currency flights can be conducted under this grant of exemption to accomplish the required flight 

time and 90 day currency. However, said training operations may only be conducted during dedicated 

training sessions. During training, proficiency, and experience-building flights the 

PIC is required to operate the UA with appropriate distances in accordance with 14 CFR 91.119. 

17) The operator may not permit the PIC to operate the UAS for the purpose of aerial 

videography/cinematography and augmenting real estate listing videos (or similar operations), unless the 

PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive 

and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 

18)UAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations must be 

conducted under visual meteorological conditions (VMC). 

19) The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current 

FAA-published aeronautical chart. 

20) The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud 

or when visibility is less than 3 statute miles from the PIC. 

21) If the UA loses communications or loses its GPS signal, it must return to a pre-determined location 

within the planned operating area and land or be recovered in accordance with the operating documents. 

22) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with 

the operating documents. 

23) The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 

30% battery power remaining. 

24) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also 

require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not 

less than 48 hours prior to the operation. 

25)All aircraft operated in accordance with this exemption must be identified by serial number, registered in 

accordance with 14 CFR part 47, and have identification (N-Number) markings in accordance with 14 CFR 

part 45, Subpart C. Markings must be as large as practicable.

26) Before conducting operations, the radio frequency spectrum used for operation and control of the UA 

must comply with the Federal Communications Commission (FCC) or other appropriate government 
PO Box 116, Wilsall, MT 59086 Tel: 406-578-2321

oversight agency requirements. 

27) The documents required under 14 CFR 91.9 and 91.203 must be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

28) The UA must remain clear and yield the right of way to all manned aviation operations and activities at 

all times. 

29) The UAS may not be operated by the PIC from any moving device or vehicle. 

30) The UA may not be operated over congested or densely populated areas. 

31) Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons 

leave such protection and are within 500 feet of the UA, flight operations must cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, 

vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of 

operating closer to those objects and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to 

those persons per § 91.119(a). 

32)All operations shall be conducted over private or controlled-access property with permission from the 

land owner/controller or authorized representative. Permission from land owner/controller or authorized 

representative will be obtained for each flight to be conducted. 

33)Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office 

(AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must 

comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91. 

This exemption terminates on January 31, 2017, unless sooner superseded or rescinded. 

Issued in Washington, DC, on January 5, 2015. 

/s/ 

John S. Duncan 

Director, Flight Standards Service