August 4, 2015

Exemption No. 12319

Regulatory Docket No. FAA–2015–1646

Mr. Michael Cairns

Impact Brothers, LLC

7625 Selwyn Court

Columbus, OH 43235

Dear Mr. Cairns:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated December 25, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Impact Brothers, LLC (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial data collection.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Phantom 2, DJI Phantom 3, DJI S1000, and 

DJI Inspire 1.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 
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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, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1

. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (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.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our 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, Impact Brothers, LLC is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 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 the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Impact Brothers, LLC is hereafter referred to as the operator.

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 DJI Phantom 2, 

DJI Phantom 3, DJI S1000, and DJI Inspire 1 when weighing less than 55 pounds 

including payload. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the 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 or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and 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; 

electronic messaging or texting is not permitted during flight operations. 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 duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents 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, 
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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 or any law enforcement official upon request. The 

operator must also present updated and revised documents if it 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 an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone 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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold 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 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.
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14. The operator may not permit any PIC to operate unless the PIC demonstrates 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 persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. 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). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.
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22. 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.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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 aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All 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 in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects 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.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be

obtained for each flight to be conducted.

28. 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.
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If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

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.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
December 25, 2014

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

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, Impact Brothers, LLC (hereafter “Petitioner”), an experienced operator of

Unmanned Aircraft System (“UAS”),

seeks exemption from the Federal Aviation Regulations (“FARs”) as described below.

The exemption request will permit Petitioner to operate UASs commercially for

the purpose of aerial data collection. 

Petitioner will provide a service that is beneficial to an industry that is already using, and seeking to 

use, UASs for these purposes with a legal and safe option while providing relevant experience and

information to the FAA and the UAS community. This will benefit the public with the controlled

operation of UASs by Petitioner and increased integration into the National Airspace

System (“NAS”).

All operations by Petitioner will strictly adhere to safety guidelines and any UAS in operation by 

Petitioner will not exceed 55 lbs. weight.

Petitioner will have a Pilot in Command (“PIC”) responsible to properly train and maintain

safe operations. During operations, the PIC will hold a Sport Pilot’s license as long as that is required 

by the FAA.

Petitioner has a thorough understanding of the importance of safety guidelines in the NAS, and

a desire to promote the appropriate integration of UASs for the furtherance of aviation as a

whole is the foundation upon which this business will operate.

The name and address of the applicant are:

Impact Brothers, LLC

Attn: Michael Cairns

Ph: 614-551-3239

Email: mike@impactbrothers.com

Address: 7625 Selwyn Ct

Columbus, Ohio 43235

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

14 C.F.R. Part 21;

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.105
14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).

Appendix A discusses each rule listed above and explains why exemptions pursuant to the

proposal set forth in this letter are appropriate, provide an equivalent level of safety, and are

in the public interest.

The Applicable Legal Standard Under Section 333

Petitioner submits that grant of this exemption application advances the

Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of

UASs into the NAS if it can be accomplished safely. This law directs the Secretary of

Transportation to consider whether certain UASs may operate safely in the NAS before

completion of the rulemaking required under Section 332 of the Reform Act. In making this

determination, the Secretary is required to determine which types of UASs do not create a

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

following:

● The UAS’s size, weight, speed, and operational capability;

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

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

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. §333(c) (emphasis added).1

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

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

§40101 of the Act, from the requirement that all civil aircraft must have current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

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

prescribed under subsection (a) or (b) of this section or any of sections

4470244716

of this title if the Administrator finds the exemption is in the

public interest.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and the

significant public benefit, including enhanced safety and cost savings associated with use of

UASs for aerial data collection, the reduction or elimination of unregulated

operators, and the safe integration of UASs. Accordingly, the applicant respectfully requests

that the FAA grant the requested exemption without delay.

Airworthiness

Grant of the exemption to Petitioner will be subject to the following mandatory

airworthiness conditions:

● The UAS will never exceed a gross takeoff weight (GTOW) of 55 lbs., or in excess of
the Operator Handbook/Manufacturer recommendations.

● A preflight checklist will be followed

prior to each flight.

1 Applicant submits that this provision places a duty on the Administrator to not only process applicants for

exemptions under Section 333, but for the Administrator, if he deems the conditions proposed herein require

modification in order to allow approval, to supply conditions for the safe operation of the UAS. Petitioner 

respectfully requests the opportunity to consult with FAA staff in order to address any issues or

concerns that this proposal may raise that they believe may require modification.

● The aircraft registration number will be displayed on the aircraft in accordance with

current regulations.

● The POH, registration, copy of exemption, checklist, and copy of maintenance records

will be mandatory documents for operation and must be located with or in the base

station and accessible to the PIC at all times.

● Any FAA or manufacturer required placards are placed and clearly visible on the base

station or controlling device.

● All equipment installed on the UAS will be operational for flight.

● PIC will be the determining authority on the airworthiness of the UAS prior, during, and

after each flight, and will cease operations upon deeming the UAS not airworthy until

proper maintenance or action has been taken.

Operator Requirements

Petitioner understands and upholds the stance that necessary precautions are

required to protect aircraft already operating in the NAS, and the safety and security of the

flight crew members, passengers as well as the public and property. For this reason, Impact Brothers, 

LLC will require all pilots of the UAS to hold at least the minimum certification or license required 

by the FAA at the time of the flight.

Furthermore Petitioner will use an appropriately certified pilot for the type of operation being 

conducted as it would fall under 14 C.F.R. if it were a manned aircraft.

The PIC and the Visual Observer will, at all times, be aware that UASs currently cannot

adhere to the standard “see and avoid” requirements due to the size of the UAS impacting the

distance at which it can be identified by pilots of manned aircraft. Petitioner maintains

a zero tolerance policy for any pilot that fails to give complete right of way, and wide berth to

any aircraft that comes within 1 statute mile horizontally or 2000 feet vertically of operations.

In the interest of safety, and the furtherance of aviation, Petitioner requires it’s

operators to adhere to its “See and Hear” policy. This policy requires that any aircraft that can

be both observed and heard (excluding large turbine, turboprop, and other aircraft that are

heard and seen but are clearly 2000 feet above the highest permitted altitude of the UAS) by

the PIC or the VO will require UAS operations to cease until the aircraft has passed.

The PIC will adhere to appropriate FARs. The PIC will, while the exemption is in place, log all 

flights conducted for Petitioner, or any flight to meet the training requirements.

UAS Models for Exemption

Petitioner seeks exemption for the following models of UAS proven for their safety and excellent 

design. Please see attachments for Operating Manuals.

DJI Phantom 2

DJI Phantom 3 (Manual not available at time of petition)
DJI Inspire 1

DJI Spreading Wings S1000

Privacy

All flights will launch from private or controlled access property with the property owner or owner’s 

representative or controlling authorities prior consent and knowledge. 

* * *

In summary, applicant seeks an exemption from the FARs set forth above and in Appendix A

to allow commercial operations of UASs conducting aerial flights as described.

Approval of the exemption allowing commercial operations of Petitioner’s UASs will

increase safety by permitting an operator to conduct a service safely that is already occurring

without FAA knowledge, exemption, or adhering to prescribed safety guidelines. The

exemption will also encourage the education of UAS operators and the adoption of FAA

guidelines and approval for commercial UAS operations. It benefits the public through a

higher level of safety of UAS operations and a service that benefits the local public and

business. It also benefits the public through a smooth and well approached integration of

UASs into the NAS, and continual communication with the FAA and the information gained.

Having a pilot owned business aids in bridging the gap between the advancement of UAS

technology and the current practices and operations in the NAS and with the FAA. This asists

the FAA with its mission of promoting aviation while preserving safety of aviators, the public,

and property.

The UASs operated by Petitioner satisfies the criteria set forth in Section 333 of the

Reform Act–size, weight, speed, operating capabilities, operation within visual line of sight,

and national security–and showing an equivalent level of safety to manned aircraft flights

through appropriate pilot certification and safety focused standards of operation, providing

more than adequate justification for the grant of the requested exemptions allowing

commercial operations.

Sincerely,

Michael Cairns

Owner & Chief Pilot

Impact Brothers, LLC

APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER

APPLICABLE RULES SUBJECT TO EXEMPTION

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, and

the type of operations performed by the UASs operated by Petitioner, Petitioner

respectfully request that where a regulation differentiates according to class that it be

permitted to operate under those regulations pertaining to helicopters.

Petitioner requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of its UASs:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

14 CFR § 91.203(a)(1)

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21,

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 of the

aircraft and the limited operating area associated with its utilization, it is unnecessary to

go through the certificate of airworthiness process under Part 21 Subpart H to achieve or

exceed current safety levels.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and

Section 333 of the Reform Act. The Federal Aviation Act 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 UAS involved.

In this case, an analysis of these criteria demonstrates that the Petitioner UASs operated

without an airworthiness certificate, under the conditions proposed herein, will be at least as safe,

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

The UASs will remain less than 55 lbs. GTOW. Will not carry a pilot or passenger, will not carry

flammable fuel, and will operate exclusively within an area predisclosed and in compliance with

conditions set forth herein. Operations under this exemption will be tightly controlled and

monitored by both the operator, pursuant to the conditions set forth above, and by local public

safety requirements. Receipt of the prior permission of the land owner, or controlling authority, 

the size of the aircraft, the lack of flammable fuel, and the fact that the aircraft is carried to the 

location and not flown there all establish the equivalent level of safety. The UASs construction 

with absorbent material provides at least an equivalent level of safety to that of such operations 

being conducted with conventional aircraft that would be orders of magnitude larger and would 

be carrying passengers, cargo, and flammable fuel.

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

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

condition. Should the exemption be granted allowing commercial operation of the UASs without

an airworthiness certificate, no standard will exist for airworthiness of the UASs. Given the size

of the aircraft and the requirements that have presumably already been met in the approved

standard operating procedures (for instance, the Maintenance & Inspection Manual and Safety

Checklist), an equivalent level of safety will be achieved by ensuring compliance with the

operating manuals prior to each flight.

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

The regulation provides:

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

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

of this chapter, unless there is available in the aircraft a current approved

airplane or Rotorcraft Flight Manual, approved manual material, markings, and

placards, or any combination thereof.

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

control point where the pilot flying the UAS will have immediate access to it. The FAA has

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

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.
14 C.F.R. § 91.109(2)

This regulation provides that flight crewmembers must keep a safety belt fastened while at a

crewmember station. Petitioner’s UASs are by definition not manned and therefore

maintain a equivalent level of safety without the use of safety belt since no danger is posed due

to no persons being aboard the aircraft.

14 C.F.R. § 91.121(a)

This regulation requires that aircraft be operated at altitude in reference to an altimeter set to

applicable barometric pressure. According to the Flight Manuals and information included with

this exemption request the UASs operated by Petitioner uses GPS positioning

This, in addition to all flights being conducted by VLOS, assures altitude restrictions will be 

maintained by the pilot. Given the nature of the flight being limited to an upper altitude limit, the 

limited area of operations, the See and Avoid procedures set forth by Petitioner, and in light of 

the UASs not being operated at VFR or IFR cruising altitudes an equivalent level of safety will 

be achieved.

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction

These regulations provide 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. UASs are a remotely piloted aircraft and by 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 communications. If instruction is accomplished through a training program,

as set forth in an equivalent level of safety will be assured. The FAA has approved exemptions

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

instruction in experimental aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level

of safety will be achieved by the Petitioner providing the training as outlined.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight

characteristics of Petitioner’s UASs (vertical takeoff and landing, and ability to hover) as

well as the nature of the type of flights conducted by UASs and the similarity to helicopters

Petitioner requests to operate in accordance with section 91.119(d). The equivalent level

of safety will be achieved given the size, weight, speed, and material with which the UASs are

built. Furthermore; no flight will be taken without the permission of the land owner or those who

control the land. Because of the advance notice to the landowner, all affected individuals will be

notified of the flights. Compared to aerial photography or videography operations conducted

with aircraft or rotorcraft weighing far more than the UAS and carrying flammable fuel, any risk

associated with these operations will be far less than those currently allowed with conventional

aircraft operating at or below 500 feet AGL. Indeed, the low altitude operations of the UAS will

maintain separation between these smallUAS operations and the operations of conventional

aircraft that must comply with Section 91.119, give right of way to all manned aircraft, and

adhere to Petitioner’s See and Hear policy.

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

This regulation prohibits an individual from beginning “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 – (1) During the day,

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 20 minutes.”

Given the limitations on its proposed operations and the location of those proposed operations,

a longer time frame for flight in daylight VFR conditions is reasonable. Petitioner

believes that an exemption from 14 CFR § 91.151(b) is safe and within the scope of a

prior exemption. See Exemption 10673 (allowing Lockheed Martin Corporation to operate

without compliance with 91.151(a)). Operating the small UAS, without 20 minutes of reserve

fuel does not engender the type of risks that Section 91.151(b) was meant to prevent given the

size and speed at which the UAS operates. The fact that it carries no pilot, passenger, or cargo

also enhances its safety. Additionally, limiting flights to a 20 minute reserve would greatly

reduce their utility. In the unlikely event that the UAS should run out of fuel, it would simply

land. Given its weight and construction material, the risks are less than contemplated by the

current regulation.

Petitioner believes that an equivalent level of safety can be achieved by maintaining 25%

battery power, or 10% of time (whichever is longer) would be more than adequate to return the

UAS to its planned landing zone from anywhere in its operating area.

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

This regulation provides as follows:

(a) . . . no person may operate a civil aircraft unless it has . . . an appropriate

and current airworthiness certificate.

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

required by paragraph (a) of this section or a special flight authorization issued

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to

passengers or crew.

Petitioner’s UASs have no cockpit or cabin to place or carry certification. As such, the

exemption and any other certifying document from the FAA will be maintained with the ground

station, and placed in a manner as to be clearly visible to any government official or person

authorized in the controlled operations environment.

11

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

point where the pilot flying the UAS will have immediate access to them. The FAA has issued

numerous exemptions to this regulation. A representative sample of other exceptions includes

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected

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

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

this chapter . . . .” Section 91.407 similarly makes reference to requirements in Part 43; Section

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate.

Section 91.417(a) requires the owner or operator to keep records showing certain maintenance

work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots

and records of approval of the aircraft for return to service.

Maintenance on Petitioner’s aircraft will be accomplished by the owner/operator pursuant
to the manuals, provided by Petitioner, and the manufacturer. An equivalent level of

safety will be achieved because the UAS is small in size, will operate only in restricted

predetermined areas and is not a complex mechanical device. As provided in the attached

Maintenance Manual and the Safety Checklist, which were reviewed as part of the application,

the operator of the UAS will ensure that it is in working order prior to initiating flight, perform

required maintenance, and keep a log of any maintenance that is performed. Moreover, the

Petitioner’s Chief Pilot is familiar with the aircraft, has extensive experience with UAS

maintenance, and has thousands of hours of helicopter airframe and powerplant maintenance,

and is best suited to maintain the aircraft in an airworthy condition and to ensure an equivalent

level of safety.

The Petitioner’s Maintenance Manual provides for a 30 day/100 hour and Annual

inspection of the airframe and components similar in scope to inspections on manned aircraft.

This will ensure an equivalent level of safety to the maintenance requirements in Part 91.

In addition, between such inspections, should a mechanical issue arise, the aircraft

will either return to its launch site or immediately land.

APPENDIX B

SUMMARY OF IMPACT BROTHERS, LLC SECTION 333 EXEMPTION REQUEST

Petitioner hereby provides pursuant to Part 11 a summary of its exemption application to

allow commercial operation of its UASs in aerial photography/videography. An exemption is

requested from the following regulations:

14 C.F.R. Part 21;

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a);

14 C.F.R. 91.119;

14 C.F.R. 91.105

14 C.F.R. 91.151(a);

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a);

14 C.F.R. 91.407(a)(1);

14 C.F.R. 91.409(a)(2);

14 C.F.R. 91.417(a).