Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. § 45.23(b)

14 CFR § 61.113 (a) & (b)

14 C.F.R. § 91.7 (a)

14 CFR § 91.9 (b) (2)

14 C.F.R. § 91.103

14 C.F.R. § 91.109

14 C.F. R. § 91.119

14 C.F.R. § 91.121

14 CFR § 91.151 (a)

14 CFR § 91.203 (a) & (b)

14 CFR § 91.405 (a)

14 CFR § 407 (a) (1)

14 CFR § 409 (a) (2)

14 CFR § 417 (a) & (b) 3

Unmanned Aerial System Description 

Chaetura, LLC is petitioning for exemption to utilize the following Unmanned Aerial Systems (UAS):

DJI Phantom 3 Pro, DJI Inspire 1, DJI Spreading Wings S800, DJI Spreading Wings S900, DJI Spreading 

Wings S1000, DJI M100, DJI Agras MG-1, Cinestar 8 Octo, Altavian Nova F6500, AgEagle, 3DRobotics 

X8, 3DRobotics Iris, 3DRobotics Solo, SenseFly eBee, SenseFly eXom, DraganFlyerX4-ES, Trimble 

UX5, PrecisionHawk Landcaster, ATI AG550, AGDrone, Event 38 E384, Falcon Fixed Wing, Falcon 

Hover, Pulse Vapor, Stark Aerospace Arrowlite, Latitude Engineering HQ-40 Hybrid Plane, Aero 

Vironment Puma, Aero Vironment Shrike, AerialTronics Altura Zenith

These UAS all weigh less than 55 lbs., have built in capability to limit the height it flies above ground, to

limit the radius of the distance it flies from the operator, and includes a no fly zone feature. Each system 

also has the failsafe function of the autopilot system, which means when the communication between the 

main controller and the transmitter is lost, the system will automatically trigger Return to Home and will 

land safely. 

Granting an Exemption Would Serve the Public Interest

In the absence of a UAS, many of the proposed activities would have to be carried out by a helicopter, 

fixed wing aircraft, human surveyor or a lineman climbing a tower. All of these conventional methods 

involve a risk to human lives and property that is clearly higher than risks to human lives and property 

posed by the utilization of UAS.

Our UAS are battery powered and therefore creates no noxious emissions hazardous to the environment. 

Further, as a battery powered vehicle the noise levels are substantially lower than any internal combustion 

engine driven aircraft.

With respect to wildlife survey operations, UAS derived data can be utilized for more effective wildlife 

management and reduced potential harm to human surveyors. This can be of substantial benefit for 

wildlife managers, particularly for threatened and endangered species. 

 

Survey, mapping, and inspection of energy infrastructure facilities utilizing UAS technology is 

substantially more cost effective than the conventional methods to accomplish these tasks. 
Operational SAFETY Assurances 

Chaetura proposes the following operational limitations to achieve an equivalent or higher level of safety 

than under the current regulatory structure, particularly in comparison to the use of manned aircraft.

1. All operations will be carried out with strict adherence to the operating procedures outlined in the 

Pilot’s Operating Handbook (POH) and the manufacturer’s user manual (Attachment A & B, 

respectively). The POH is organized similar to a manned aircraft POH and includes the following 

sections: a. General description, specifications, and warnings b. Limitations c. Emergency Procedures d. 

Normal Procedures e. Performance f. Weight and Balance/Equipment List g. Air Vehicle and Systems 

Description h. Handling, Service, and Maintenance i. Supplements 

2. The UA will weigh less than 55 lbs. 

3. The UA will operate at a true airspeed maximum (VNE) of 100 mph (<80 knots). 

4. Minimum crew for each operation will consist of the UA Designated Pilot in Command (PIC) and at 

least one Visual Observer (VO). The PIC and VO will be able to communicate verbally at all times during 

the flight and will not exchange roles during the flight. Electronic messaging or texting is not permitted 

during flight operations. The PIC will ensure that the VO can perform the required duties of the VO.

5. The PIC will hold either an airline transport, commercial, private, recreational, or sport pilot certificate 

and a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District 

of Columbia, Puerto Rico, a territory, a possession, or the Federal Government. The PIC will 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. 

6. Flights will be operated within visual line of sight (VLOS) of the PIC and VO at all times. Chaetura 

understands that definition of VLOS is human vision unaided by any device other than corrective lenses.

7. The primary responsibility of the VO will be to enhance the safety of flight operations by verbally 

communicating potentially unsafe observations to the PIC. Such conditions may include, but are not 

limited to, conflicting aircraft, hazardous terrain, features, or weather, UA approaching VLOS limits or 

altitude limits, assisting the PIC in monitoring battery voltage, and advising the PIC if non-participating 

personnel move within a potential danger zone. VO’s will be familiar with the UAS normal and 

emergency procedures and aircraft limitations in sufficient detail as to provide the PIC with recommended 

corrective actions. 

8. All flights will be conducted under a strict battery management regime that alerts the operator to end 

flight at a pre-determined battery capacity. If the PIC exceeds this limit, the UAS will autonomously 

return to the departure point and land upon reaching the first critical battery level (first alert) and will land 

immediately upon reading the second critical battery level (second alert). 

9. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL). 

10. All operating documents will be accessible to the PIC at the ground control station during UAS 

operations. Operating documents will include the current POH and a copy of the FAA’s Exemption, if 

granted. If a discrepancy exists between the various operating documents, the FAA’s Exemption, the 

Exemption will take precedence. The POH will be updated as necessary. Such updates will be tracked. 
11. A safety briefing will be performed prior to each day’s flights consisting of all the day's’ flight 

operations. All parties involved in the flight operations will participate in the safety briefing. 

12. The PIC will conduct a pre-flight inspection for the UAS. The pre-flight inspection will account for 

all systems to insure that the UAS is in a condition for a safe flight. As a minimum, the preflight 

inspection will follow the checklist procedures in the POH. If the pre-flight inspection reveals a condition 

that may affect the safe operation of the UAS, the aircraft will not be operated until necessary 

maintenance has been completed. 

13. In the event of an emergency or other unpredicted obstacle to the completion of a flight, the PIC will 

abort the flight in the safest manner possible. 

14. Chaetura will not permit a PIC to operate the UAS unless the PIC demonstrates the ability to safely 

operate the UAS safely and competently within the framework of the measures outlined herein and the 

POH. This will include normal and emergency procedures and maintaining appropriate distances from 

persons, vessels, vehicles and structures. PIC qualification flight hours and currency will be logged in a 

manner consistent with 14 CFR §61.51(b). 

15. The PIC and VO will have been trained in operation of UAS and receive current information 

regarding operation of the UAS. 

16. PIC and VO training and evaluation flights will only be conducted during dedicated training sessions. 

During such sessions, the PIC will operate the UAS a manner consistent with 14 CFR §91.119 by 

maintaining the prescribed distance from non-participants. 

17. All aircraft utilized as a part of this request will be registered and subsequently assigned a serial 

number in accordance with 14 CFR part 47 and display identification markings in accordance with 14 

CFR part 45, subpart C. N-number markings will be as large as practicable. 

18. Chaetura will conduct routine inspections of the UA to ensure that it is in condition for safe operation. 

As a minimum, inspections will be conducted as per the POH and as per manufacturer recommendations. 

Additional inspections will be completed as deemed necessary. We will comply with all safety bulletins 

issued by the manufacturer. 

19. Chaetura will conduct maintenance on the UAS as necessary. Maintenance procedures will follow 

manufacturer’s recommendations regarding replacement, overhaul, and life limited components. 

20. After maintenance or alterations that affect the operational or flight characteristics of the UAS, a test 

flight will be conducted to determine that the UAS is properly functioning prior to resuming commercial 

operations. Flight tests will be conducted by a PIC and a VO and will remain at least 500 feet from other 

non-participants. Further, the flight test will be conducted in a manner so as not to pose an undue hazard 

to persons and property. 

21. Chaetura will also obtain a Certificate of Waiver or Authorization (COA) from the FAA Air Traffic 

Organization (ATO) prior to conducting operations within the NAS. 

22. No UA flights will be conducted at night and all flights will occur under Visual Meteorological 

Conditions (VMC). 

23. The PIC will ensure that the UA remains clear of and gives right-of-way to all manned aviation 

operations. 
24. The PIC will not operate the UA from a moving device or vehicle. 

25. The UAS will not be operated within 5 nautical miles of an airport reference point (ARP) unless a 

letter of agreement with that airport’s management is obtained or it is otherwise permitted by a COA 

issued to Chaetura. 

26. The UAS will be operated in a manner that maintains at least a 500 foot clearance from all 

nonparticipating persons, vessels, vehicles and structures except in the case of the following conditions: a. 

Barriers are present to protect non-participating persons in the event of an accident. Chaetura will ensure 

that non-participating persons utilize these protective barriers. If a nonparticipating person leaves a barrier 

and is within 500 feet of the UAS, flight operations will be terminated in a manner that ensures the safety 

of non-participating persons. b. The owner or controller of any vessels, vehicles, or structures has granted 

permission to operate closer than 500 feet to those obstacles and the PIC has completed a safety 

assessment of the proposed operation and determined that the operation could be completed safely. 

27. Flight operations will only be conducted over property where the permission is granted by the 

property owner or otherwise authorized representative. 

28. The UAS automatically determines its failsafe return-to-home position upon liftoff. If the UAS loses 

communications with the remote controller, it will return to a liftoff location and land autonomously. 

29. Chaetura will report any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA to the FAA's UAS Integration Office 

(AFS−80) within 24 hours. Accidents will be reported to the National Transportation Safety Board 

(NTSB).

SPECIFIC EXEMPTIONS REQUESTED 

In pursuit of this petition the following exemptions are requested: 

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

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

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by Chaetura an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA 

to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular UAS. 

In all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness 

certificate in the restricted environment and under the conditions proposed will be at least as safe, or 

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

without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

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

monitored by the operator. These safety enhancements provide a greater degree of safety to the public and 

property owners than conventional operations conducted with airworthiness certificates issued under 14 

C.F.R. Part 21, Subpart H.
Lastly, there is no credible threat to national security posed by the UAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to 

carry a substantial external load.

14 C.F.R. §91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For which an

Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter, unless there is available in the 

aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof.

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

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry such

an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at 

the ground control point where the PIC will have immediate access to it.

14 C.F.R. §91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to insure the safety of

flight. These actions include the following:

a. For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, 

fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic 

delays of which the pilot in command has been advised by ATC;

b. For any flight, runway lengths at airports of intended use, and the following takeoff and landing 

distance information:

1. For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual containing takeoff 

and landing distance data is required, the takeoff and landing distance data contained therein; and

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.

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

needed. The PIC will take all actions as stated in the POH in Section 4 under Normal Procedures 

including but not limited to reviewing weather, flight battery requirements, and aircraft performance data 

before initiation of flight.

14 C.F.R. §91.109: Flight Instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls.

UAS and remotely piloted aircraft, by their design do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via radio 

signals. The equivalent level of safety is provided by the fact that neither a pilot nor passengers will be 

carried in the UA and by the small size, weight, and generally slow speed of the UAS.

14 C.F.R. §91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

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

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

As this request is for a both fixed wing and rotary UAS and the exemption requests authority to operate at 

altitudes up to 400 AGL an exemption may be needed to allow such operations. As set forth herein, the 
UAS will never operate at higher than 400 AGL It will only be operated in a controlled environment, 

where structures, vessels, vehicles, and non-participating people will not be exposed to operations.

The equivalent level of safety will be achieved given the small size, low weight, and slow speed of the 

UAS as well as the controlled environment where it is operated. No flight will be initiated without the 

permission of the property owner or authorized representative. Unlike conventional aircraft, the UAS 

requires no flammable fuel, a safety enhancement at low altitude. Further, since the UAS will be operated 

|at 400 AGL or less, it will maintain separation from manned aircraft that are required to comply with 

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft below 18,000 feet MSL to maintain cruising 

altitude by reference to an altimeter that is set to a particular barometric pressure (altimeter setting) or the 

elevation of the departure airport.

All altitude readings displayed on the Ground Control Station are in AGL from the departure site. In order 

comply with the limitations specified herein to maintain an altitude below 400 feet AGL, it is appropriate 

for the altimeter to display in AGL instead of MSL thereby maintaining separation from manned aircraft 

and achieving an equivalent level of safety.

14 C.F.R. §91.151(a) and (b): Fuel Requirements for Flight in VFR Conditions

Section 91.151 specifies fuel reserve minimums for airplanes and helicopters. Specifically, 91.51 (b) 

states that no person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming 

normal cruising speed, to fly after that for at least 20 minutes.

Since our UAS are battery powered and lack a combustion engine, there is no conventional fuel 

consumption. An equivalent level of safety will be achieved by landing the aircraft when the battery 

power, as monitored at the ground control station, reaches 30% of the capacity of a fully charged battery. 

A further safety feature our UAS will automatically return to its departure point with no PIC interaction 

required if the battery voltage falls below 20% of the capacity of a fully charged battery.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part:

a. Except as provided in §91.715, no person may operate a civil aircraft unless it has within it the 

following:

1. An appropriate and current airworthiness certificate. . . .

2. An effective U.S. registration certificate issued to its owner or, for operation within the United 

States, the second duplicate copy (pink) of the Aircraft Registration Application as provided for 

in §47.31(b), or a registration certificate issued under the laws of a foreign country.

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

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed at the 

cabin or cockpit entrance so that it is legible to passengers or crew.

As previously discussed, an exemption is sought regarding the requirement to acquire an airworthiness

certificate. Further, the UAS fully loaded will weigh less than 55 pounds and is operated without an 

onboard pilot. As such, there is no ability or place to carry a registration certificate or to display it on the 

UAS. An equivalent level of safety will be achieved by keeping the registration certificate at the ground 

control point where the PIC will have immediate access to it.
14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections

These regulations cover maintenance, preventative maintenance, and aircraft alterations. In summary for

VFR aircraft, and not including all exceptions, it requires the following:

1. Annual inspections or 100-hour inspections (for commercial operations) with 

approval for return to service by a person authorized by §43.7.

2. A test flight by an appropriately rated pilot after repairs or alterations that may 

have appreciably changed the aircraft’s flight characteristics have been made

3. Logging of all maintenance performed according to particular standards

These sections, collectively part of Subpart E, and Part 43 only apply to aircraft with an airworthiness

certificate. As previously discussed, an exemption is sought regarding the requirement to acquire an

airworthiness certificate. However, an equivalent level of safety will be achieved by implementing the

concepts of these sections as follows:

1. Inspections will be performed at intervals recommended by the POH and the 

manufacturer.

2. A test flight will be performed after any maintenance or alteration is performed that may 

affect the UAS flight characteristics. The test flight will be performed prior to return to 

commercial service by an appropriately rated and experienced PIC.

3. All maintenance will be logged.

CLOSING

Chaetura, LLC appreciates the opportunity to submit this petition for exemption to the Federal Aviation 

Administration. We have endeavored to provide the appropriate information required based on guidance 

from the FAA’s website. If there are any questions or we can provide further information, please contact 

Sarah Hammond, PhD, owner, Chaetura, LLC.