1

March 14, 2016

Attn:

U. S. Department of Transportation Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave, SE Washington, DC 20590

JCR PROFESSIONAL SERVICES REQUEST FOR AN EXEMPTION FROM CERTAIN 

REQUIREMENTS OF TITLE 14 OF THE CODE OF FEDERAL REGULATIONS AS SET 

FORTH HEREIN FOR THE COMMERCIAL OPERATION OF UNMANNED AIRCRAFT 

SYSTEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND 

REFORM ACT OF 2012

Jason Melvin, Esq.

Counsel for James Reyes / JCR Professional Services

Texas Drone Lawyer

Melvin Legal, PLLC

9111 Cochran Bluff Lane

Dallas, Texas 75220

469-766-3502

jason@txdronelawyer.com
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TABLE OF CONTENTS

Page 

GLOSSARY OF ABBREVIATIONS.............................................................................................3 

SUMMARY.....................................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER.............................................................4 

BACKGROUND.............................................................................................................................4 

BASIS FOR PETITION..................................................................................................................5 

NAME AND ADDRESS OF PETITIONER...................................................................................5

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH PETITIONER SEEKS 

EXEMPTION..................................................................................................................................5

THE EXTENT OF RELIEF AND THE REASON PETITIONER SEEKS THE 

RELIEF.......................................................................................................................................14

THE REASONS WHY GRANTING PETITIONER’S REQUESTS WOULD BE IN THE 

PUBLIC INTEREST.....................................................................................................................16

THE REASONS WHY GRANTING THE EXEMPTION TO PETITIONER WOULD NOT 

ADVERSELY AFFECT SAFETY................................................................................................18

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER...........................23

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO 

SUPPORT PETITIONER’S REQUESTS................................................................................24

CONCLUSION..............................................................................................................................24
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GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System

LOL Loss of Link 

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) 

SO Safety Observer

SOP Standard Operating Procedures

UA / UAV Unmanned Aerial Vehicle a/k/a Unmanned Aircraft

UAS Unmanned Aircraft System(s) as defined herein.

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing
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SUMMARY

In accordance with current FAA guidance and practice, JCR Professional Services (“JCR” or 

“Petitioner”) seeks exemption from certain requirements of 14 C.F.R in order to operate

Unmanned Aircraft System(s) pursuant to Section 333 of the FAA Modernization and Reform 

Act of 2012 (FMRA). This exemption will permit Petitioner to operate Unmanned Aircraft 

Systems (UAS) for the commercial purpose of conducting aerial data collection1over certain 

areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

Petitioner is an organization residing in San Antonio, Texas that desires to utilize UAV to 

conduct video, photo and other aerial data collection flight operations in certain locations 

throughout the United States. Petitioner will primarily utilize the UAV’s listed within in 

conjunction with its business of lawn care, tree service, real estate consulting, grounds 

maintenance, facility maintenance, and property management. Petitioner’s primary objective is 

to utilize Unmanned Aircraft System aerial operations to provide an affordable and safe 

alternative to traditional methods of aerial data collection operations. 

BACKGROUND

Petitioner seeks relief as stated herein to operate the following UAV for compensation or 

hire within the NAS. These aircraft are vertical takeoff and landing (VTOL) UAV with a Ground 

Control Station (GCS). These aircraft have the following specifications:

Make & Model Inspire 1 Pro/RAW2

Phantom 43

Maximum Gross Weight 7.5 Pounds 3.04 Pounds

Maximum Speed 35 Knots 39 Knots

Diagonal Length 22 Inches 23 Inches (approximately)

Propulsion Electric motors (4) each 

(direct) driving one propeller.

Electric motors (4) each (direct) 

driving one propeller.

Battery Type Lithium Polymer Lithium Polymer

Maximum Flight Time 15 Minutes 28 Minutes

Signal Loss 

Characteristics

Upon signal loss the UAS, using 

GPS signal, will climb (or 

descend) to the user input 

Failsafe altitude, return to the 

user input Home position, 

descend and land. 

Upon signal loss the UAS, using 

GPS signal, will climb (or descend) 

to the user input Failsafe altitude, 

return to the user input Home 

position, descend and land. 

Flight Controller 2.4~2.483 ghz 

5.725~5.825ghz

2.4~2.483 ghz

 

1 Used throughout as defined by the FAA in Exemption No. 12820: “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.”

2 Multiple Section 333’s have been granted for the Inspire and Phantom UAS family. These two models are not on 

the latest Approved UAS list; however, these models are substantially similar to the other Phantom and Inspire units 

on the current Approved UAS List: http://www.regulations.gov/#!documentDetail;D=FAA-2007-3330-0007

3

See above.
5

BASIS FOR PETITION

Petitioner, pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 

11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special 

Rules for Certain Unmanned Aircraft Systems, hereby petitions the Administrator to 

commercially operate certain UAS, as noted herein, in the National Airspace System (NAS), 

and for an exemption from the following requirements of 14 C.F.R:

43.7 43.11 45.23(b) 45.27

45.29 61.23(a) 61.23(c) 61.101(e)(4)

61.101(e)(5) 61.113(a) 61.315(a) 91.7(a)

91.9(b)(2) 91.9(c) 91.105 91.109(a)

91.113(b) 91.119(c) 91.121 91.151(a)(1)

91.151(b) 91.203(a) 91.203(b) 91.215

91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2)

91.417(a) 91.417(b)

Petitioner submits that the requested relief is proper since; an equivalent level of 

safety will be ensured, there will be no adverse impact on safety, and the relief requested is in 

the public interest. Therefore, in accordance with 14 C.F.R. § 11.81, Petitioner provides the 

following information in support of its petition for exemption:

A. Name and Address of the Petitioner.

JCR Professional Services

James Reyes

15507 Big Trail Drive

San Antonio, Texas 78232

B. The Specific Sections Of 14 C.F.R. From Which Petitioner Seeks 

Exemption. 

1. Petitioner Seeks Exemption From The Requirements Of Sections 43.7 and 43.11.

§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.

(a) Except as provided in this section and §43.17, no person, other than the 

Administrator, may approve an aircraft, airframe, aircraft engine, propeller, appliance, or 

component part for return to service after it has undergone maintenance, preventive 

maintenance, rebuilding, or alteration.

(b) The holder of a mechanic certificate or an inspection authorization may approve an 

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

as provided in Part 65 of this chapter.

(c) The holder of a repair station certificate may approve an aircraft, airframe, aircraft 

engine, propeller, appliance, or component part for return to service as provided in Part 145 

of this chapter.

(d) A manufacturer may approve for return to service any aircraft, airframe, aircraft 

engine, propeller, appliance, or component part which that manufacturer has worked on under 
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§43.3(j). However, except for minor alterations, the work must have been done in accordance 

with technical data approved by the Administrator.

(e) The holder of an air carrier operating certificate or an operating certificate issued 

under Part 121 or 135, may approve an aircraft, airframe, aircraft engine, propeller, appliance, 

or component part for return to service as provided in Part 121 or 135 of this chapter, as 

applicable.

(f) A person holding at least a private pilot certificate may approve an aircraft for return 

to service after performing preventive maintenance under the provisions of §43.3(g).

(g) The holder of a repairman certificate (light-sport aircraft) with a maintenance rating 

may approve an aircraft issued a special airworthiness certificate in light-sport category for 

return to service, as provided in part 65 of this chapter.

(h) The holder of at least a sport pilot certificate may approve an aircraft owned or 

operated by that pilot and issued a special airworthiness certificate in the light-sport category 

for return to service after performing preventive maintenance under the provisions of 

§43.3(g).

§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.

(a) Maintenance record entries. The person approving or disapproving for return to 

service an aircraft, airframe, aircraft engine, propeller, appliance, or component part after any 

inspection performed in accordance with part 91, 125, §135.411(a)(1), or §135.419 shall 

make an entry in the maintenance record of that equipment containing the following 

information:

(1) The type of inspection and a brief description of the extent of the inspection.

(2) The date of the inspection and aircraft total time in service.

(3) The signature, the certificate number, and kind of certificate held by the person 

approving or disapproving for return to service the aircraft, airframe, aircraft engine, 

propeller, appliance, component part, or portions thereof.

(4) Except for progressive inspections, if the aircraft is found to be airworthy and 

approved for return to service, the following or a similarly worded statement—“I certify that 

this aircraft has been inspected in accordance with (insert type) inspection and was 

determined to be in airworthy condition.”

(5) Except for progressive inspections, if the aircraft is not approved for return to service 

because of needed maintenance, noncompliance with applicable specifications, airworthiness 

directives, or other approved data, the following or a similarly worded statement—“I certify 

that this aircraft has been inspected in accordance with (insert type) inspection and a list of 

discrepancies and unairworthy items dated (date) has been provided for the aircraft owner or 

operator.”

(6) For progressive inspections, the following or a similarly worded statement—“I 

certify that in accordance with a progressive inspection program, a routine inspection of 

(identify whether aircraft or components) and a detailed inspection of (identify components) 

were performed and the (aircraft or components) are (approved or disapproved) for return to 

service.” If disapproved, the entry will further state “and a list of discrepancies and 

unairworthy items dated (date) has been provided to the aircraft owner or operator.”

(7) If an inspection is conducted under an inspection program provided for in part 91, 

125, or §135.411

(a)(1), the entry must identify the inspection program, that part of the inspection 

program accomplished, and contain a statement that the inspection was performed in 

accordance with the inspections and procedures for that particular program.
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(b) Listing of discrepancies and placards. If the person performing any inspection 

required by part 91 or 125 or §135.411(a)(1) of this chapter finds that the aircraft is 

unairworthy or does not meet the applicable type certificate data, airworthiness directives, or 

other approved data upon which its airworthiness depends, that persons must give the owner 

or lessee a signed and dated list of those discrepancies. For those items permitted to be 

inoperative under §91.213(d)(2) of this chapter, that person shall place a placard, that meets 

the aircraft's airworthiness certification regulations, on each inoperative instrument and the 

cockpit control of each item of inoperative equipment, marking it “Inoperative,” and shall add 

the items to the signed and dated list of discrepancies given to the owner or lessee.

2. Petitioner Seeks Exemption From The Requirements Of Sections 45.23(b), 45.27, 

45.29, and 91.9(c). 

§45.23 Display of marks; general.

(b) 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.

§45.27 Location of marks; nonfixed-wing aircraft.

(a) Rotorcraft. 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.

(b) Airships. Each operator of an airship must display on that airship the marks required 

by §45.23, horizontally on—

(1) The upper surface of the right horizontal stabilizer and on the under surface of the 

left horizontal stabilizer with the top of the marks toward the leading edge of each stabilizer;

and

(2) Each side of the bottom half of the vertical stabilizer.

(c) Spherical balloons. Each operator of a spherical balloon must display the marks 

required by §45.23 in two places diametrically opposite and near the maximum horizontal 

circumference of that balloon.

(d) Nonspherical balloons. Each operator of a nonspherical balloon must display the 

marks required by §45.23 on each side of the balloon near its maximum cross section and 

immediately above either the rigging band or the points of attachment of the basket or cabin 

suspension cables.

(e) Powered parachutes and weight-shift-control aircraft. Each operator of a powered 

parachute or a weight-shift-control aircraft must display the marks required by §§45.23 and 

45.29(b)(2) of this part. The marks must be displayed in two diametrically opposite positions 

on the fuselage, a structural member, or a component of the aircraft and must be visible from 

the side of the aircraft.

§45.29 Size of marks.

(a) Except as provided in paragraph (f) of this section, each operator of an aircraft must 

display marks on the aircraft meeting the size requirements of this section.

(b) Height. Except as provided in paragraph (h) of this part, the nationality and 

registration marks must be of equal height and on—

(1) Fixed-wing aircraft, must be at least 12 inches high, except that:
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(i) An aircraft displaying marks at least 2 inches high before November 1, 1981 and an 

aircraft manufactured after November 2, 1981, but before January 1, 1983, may display those 

marks until the aircraft is repainted or the marks are repainted, restored, or changed;

(ii) Marks at least 3 inches high may be displayed on a glider;

(iii) Marks at least 3 inches high may be displayed on an aircraft for which the FAA has 

issued an experimental certificate under §21.191 (d), §21.191 (g), or §21.191 (i) of this 

chapter to operate as an exhibition aircraft, an amateur-built aircraft, or a light-sport aircraft 

when the maximum cruising speed of the aircraft does not exceed 180 knots CAS; and

(iv) Marks may be displayed on an exhibition, antique, or other aircraft in accordance 

with §45.22.

(2) Airships, spherical balloons, nonspherical balloons, powered parachutes, and weightshift-control aircraft must be at least 3 inches high; and

(3) Rotorcraft, must be at least 12 inches high, except that rotorcraft displaying before 

April 18, 1983, marks required by §45.29(b)(3) in effect on April 17, 1983, and rotorcraft 

manufactured on or after April 18, 1983, but before December 31, 1983, may display those 

marks until the aircraft is repainted or the marks are repainted, restored, or changed.

(c) Width. Characters must be two-thirds as wide as they are high, except the number 

“1”, which must be one-sixth as wide as it is high, and the letters “M” and “W” which may be 

as wide as they are high.

(d) Thickness. Characters must be formed by solid lines one-sixth as thick as the 

character is high.

(e) Spacing. The space between each character may not be less than one-fourth of the 

character width.

(f) If either one of the surfaces authorized for displaying required marks under §45.25 is 

large enough for display of marks meeting the size requirements of this section and the other 

is not, full size marks must be placed on the larger surface. If neither surface is large enough

for full-size marks, marks as large as practicable must be displayed on the larger of the two 

surfaces. If no surface authorized to be marked by §45.27 is large enough for full-size marks, 

marks as large as practicable must be placed on the largest of the authorized surfaces. 

However, powered parachutes and weight-shift-control aircraft must display marks at least 3 

inches high.

(g) Uniformity. The marks required by this part for fixed-wing aircraft must have the 

same height, width, thickness, and spacing on both sides of the aircraft.

(h) After March 7, 1988, each operator of an aircraft penetrating an ADIZ or DEWIZ 

must display on that aircraft temporary or permanent nationality and registration marks at 

least 12 inches high.

§91.9 Civil aircraft flight manual, marking, and placard requirements.

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

identified in accordance with part 45 of this chapter.

3. Petitioner Seeks Exemption From The Requirements Of Section 61.23(a), (c), 61.101 

(e)(4), (e)(5), 61.113(a), and 61.315(a). 

§61.23 Medical certificates: Requirement and duration.

(a) Operations requiring a medical certificate. Except as provided in paragraphs (b) and 

(c) of this section, a person—

(c) Operations requiring either a medical certificate or U.S. driver's license. (1) A 

person must hold and possess either a medical certificate issued under part 67 of this chapter 

or a U.S. driver's license when—
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§61.101 Recreational pilot privileges and limitations.

(e) Except as provided in paragraphs (d) and (i) of this section, a recreational pilot may 

not act as pilot in command of an aircraft—

(4) For compensation or hire;

(5) In furtherance of a business;

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds 

a private pilot certificate may act as 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.

§61.315 What are the privileges and limits of my sport pilot certificate?

(a) If you hold a sport pilot certificate you may act as pilot in command of a lightsport aircraft, except as specified in paragraph (c) of this section.

4. Petitioner Seeks Exemption From The Requirements Of Section 91.7(a).

§91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

5. Petitioner Seeks Exemption From The Requirements Of Section 91.9(b)(2).

§91.9 Civil aircraft flight manual, marking, and placard requirements.

(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.

6. Petitioner Seeks Exemption From The Requirements Of Section 91.105.

§91.105 Flight crewmembers at stations.

(a) During takeoff and landing, and while en route, each required flight crewmember 

shall—

(1) Be at the crewmember station unless the absence is necessary to perform duties in 

connection with the operation of the aircraft or in connection with physiological needs; and

(2) Keep the safety belt fastened while at the crewmember station.

(b) Each required flight crewmember of a U.S.-registered civil aircraft shall, during 

takeoff and landing, keep his or her shoulder harness fastened while at his or her assigned 

duty station. This paragraph does not apply if—

(1) The seat at the crewmember's station is not equipped with a shoulder harness; or

(2) The crewmember would be unable to perform required duties with the shoulder 

harness fastened.

7. Petitioner Seeks Exemption From The Requirements Of Section 91.109(a).

§91.109 Flight instruction; Simulated instrument flight and certain flight tests.

(a) 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. However, 
10

instrument flight instruction may be given in an airplane that is equipped with a single, 

functioning throwover control wheel that controls the elevator and ailerons, in place of fixed, 

dual controls, when—[.]

8. Petitioner Seeks Exemption From The Requirements Of Section 91.113(b).

§91.113 Right-of-way rules: Except water operations.

(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.

9. Petitioner Seeks Exemption From The Requirements Of Section 91.119(c) and 91.121. 

§91.119 Minimum safe altitudes: General.

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.

§91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, 

the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure; [.]

10. Petitioner Seeks Exemption From The Requirements Of Section 91.151(a) and (b).

§91.151 Fuel requirements for flight in VFR conditions.

(a) 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; or

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

(b) 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.

11. Petitioner Seeks Exemption From The Requirements Of Section 91.203(a) and (b).

§91.203 Civil aircraft: Certifications required.

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

within it the following:
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(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness 

certificate used to comply with this subparagraph (except a special flight permit, a copy of the 

applicable operations specifications issued under §21.197(c) of this chapter, appropriate 

sections of the air carrier manual required by parts 121 and 135 of this chapter containing that 

portion of the operations specifications issued under §21.197(c), or an authorization under 

§91.611) must have on it the registration number assigned to the aircraft under part 47 of this 

chapter. However, the airworthiness certificate need not have on it an assigned special 

identification number before 10 days after that number is first affixed to the aircraft. A 

revised airworthiness certificate having on it an assigned special identification number, that 

has been affixed to an aircraft, may only be obtained upon application to an FAA Flight 

Standards district office.

(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), a Certificate of Aircraft registration as provided in part 48, or a registration 

certification 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.

12. Petitioner Seeks Exemption From The Requirements Of Section 91.215.

§91.215 ATC transponder and altitude reporting equipment and use.

(a) All airspace: U.S.-registered civil aircraft. For operations not conducted under part 

121 or 135 of this chapter, ATC transponder equipment installed must meet the performance 

and environmental requirements of any class of TSO-C74b (Mode A) or any class of TSOC74c (Mode A with altitude reporting capability) as appropriate, or the appropriate class of 

TSO-C112 (Mode S).

(b) All airspace. Unless otherwise authorized or directed by ATC, no person may 

operate an aircraft in the airspace described in paragraphs (b)(1) through (b)(5) of this 

section, unless that aircraft is equipped with an operable coded radar beacon transponder 

having either Mode 3/A 4096 code capability, replying to Mode 3/A interrogations with the 

code specified by ATC, or a Mode S capability, replying to Mode 3/A interrogations with the 

code specified by ATC and intermode and Mode S interrogations in accordance with the 

applicable provisions specified in TSO C-112, and that aircraft is equipped with automatic 

pressure altitude reporting equipment having a Mode C capability that automatically replies 

to Mode C interrogations by transmitting pressure altitude information in 100-foot 

increments. This requirement applies—

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

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

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

(3) Notwithstanding paragraph (b)(2) of this section, any aircraft which was not 

originally certificated with an engine-driven electrical system or which has not subsequently 

been certified with such a system installed, balloon or glider may conduct operations in the 

airspace within 30 nautical miles of an airport listed in appendix D, section 1 of this part 

provided such operations are conducted—

(i) Outside any Class A, Class B, or Class C airspace area; and

(ii) Below the altitude of the ceiling of a Class B or Class C airspace area designated for 

an airport or 10,000 feet MSL, whichever is lower; and

(4) All aircraft in all airspace above the ceiling and within the lateral boundaries of a 

Class B or Class C airspace area designated for an airport upward to 10,000 feet MSL; and
12

(5) All aircraft except any aircraft which was not originally certificated with an enginedriven electrical system or which has not subsequently been certified with such a system 

installed, balloon, or glider—

(i) In all airspace of the 48 contiguous states and the District of Columbia at and above 

10,000 feet MSL, excluding the airspace at and below 2,500 feet above the surface; and

(ii) In the airspace from the surface to 10,000 feet MSL within a 10-nautical-mile radius 

of any airport listed in appendix D, section 2 of this part, excluding the airspace below 1,200 

feet outside of the lateral boundaries of the surface area of the airspace designated for that 

airport.

(c) Transponder-on operation. While in the airspace as specified in paragraph (b) of this 

section or in all controlled airspace, each person operating an aircraft equipped with an 

operable ATC transponder maintained in accordance with §91.413 of this part shall operate 

the transponder, including Mode C equipment if installed, and shall reply on the appropriate 

code or as assigned by ATC.

(d) ATC authorized deviations. Requests for ATC authorized deviations must be made to 

the ATC facility having jurisdiction over the concerned airspace within the time periods 

specified as follows: [.]

(1) For operation of an aircraft with an operating transponder but without operating 

automatic pressure altitude reporting equipment having a Mode C capability, the request may 

be made at any time.

(2) For operation of an aircraft with an inoperative transponder to the airport of ultimate 

destination, including any intermediate stops, or to proceed to a place where suitable repairs 

can be made or both, the request may be made at any time.

(3) For operation of an aircraft that is not equipped with a transponder, the request must 

be made at least one hour before the proposed operation.

13. Petitioner Seeks Exemption From The Requirement Of Section 91.405(a).

§91.405 Maintenance required.

Each owner or operator of an aircraft—

(a) 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; [.]

14. Petitioner Seeks Exemption From The Requirements Of Section 91.407(a)(1) 

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration.

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter; and[.]

15. Petitioner Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 

91.409(a)(2). 

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had—

(1) An annual inspection in accordance with part 43 of this chapter and has been 

approved for return to service by a person authorized by §43.7 of this chapter; or
13

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 

21 of this chapter.

16. Petitioner Seeks Exemption From The Requirements Of Sections 91.417(a) And 

91.417(b). 

§91.417 Maintenance records.

(a) Except for work performed in accordance with §§91.411 and 91.413, 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.
14

C. The Extent Of Relief Petitioner Seeks And The Reason Petitioner Seeks 

The Relief.

1. Petitioner Seeks Relief From Sections 43.7 and 43.11.

Petitioner seeks relief from 43.7 to the extent that it requires FAA certified 

maintenance professionals to approve an aircraft, airframe, engine, propeller, appliance or 

component for return to service. Petitioner will conduct maintenance and inspections in 

accordance with the manufacturer’s guidelines. Petitioner also seeks relief from 43.11 to the 

same extent that it requires FAA certified maintenance professionals, and also, to the extent 

that it requires certain placards to be placed, as the physical size of UAV’s does not permit 

such.

2. Petitioner Seeks Relief From Sections 45.23(b), 45.27, 45.29, and 91.9(c). 

Petitioner is aware of the new regulations regarding registration and marking 

contained in 14 C.F.R. Part 48; however, based on reading the FAA website FAQ’s, 

Petitioner believes that the web-based registration system does not initially support 

registration of UAV used for commercial purposes. 

(https://www.faa.gov/uas/registration/faqs/). 4 Given this, Petitioner intends to register all 

UAV it operates in accordance with 14 C.F.R Part 47; however, Petitioner seeks exemption 

from 14 C.F.R. 45.23(b), 45.27, 45.29, and 91.9(c) as they relate to marking. 

Given the physical size of the UAS, and the fact they have no cabin, cockpit or pilot 

station entrance, exemption is sought in accordance with past practice of the Administration 

in Exemption Nos. 8738, 10167 and 10700. In accordance with the instructions currently 

provided in the Section 333 Exemption grants, Petitioner will mark the UAV with 

identification numbers (N-Numbers) that are as large as practicable. To the extent that the 

web-based system does eventually support registration of commercial operations, or as 

otherwise directed by the FAA, Petitioner will comply with Part 48. 

3. Petitioner Seeks Relief From Sections 61.23(a), (c), 61.101 (e)(4), (e)(5), 61.113(a), and 

61.315(a). 

Under current FAA guidance, the PIC for UAV commercial operations is required to 

hold at least a sport pilot license with either 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. 

Relief from Sections 61.23(a), (c), 61.101(e)(4), (e)(5), 61.113(a), (b) and 61.315(a) is 

requested to the extent necessary to allow a PIC holding a sport pilot or higher level 

certificate, as well as a current and valid airman medical certificate, or valid U.S. driver’s 

license, and who has met certain flight-hour and currency requirements, to conduct the 

proposed UAS flight operations for compensation or hire. 

 

4 Q. Is the registration process different if you're a business versus a person?

A. The new system does not yet support registration of small UAS used in connection with a business. It 

will in the future. In the meantime, these entities must continue to register using the paper-based process.
15

4. Petitioner Seeks Relief From Section 91.7(a).

Relief is requested to the extent required to allow Petitioner to determine that the UAS 

are in airworthy condition prior to every flight by ensuring that the UAS is in compliance 

with the manufacturer’s operating documents (i.e., Maintenance Log and Instruction Manual). 

Petitioner seeks the requested relief because the UAS do not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Petitioner will ensure 

that the UAS are in airworthy condition based upon its compliance with the operating 

documents prior to every flight, and further, determine that the aircraft are in condition for 

safe flight, as stated in the proposed conditions and limitations below.

5. Petitioner Seeks Relief From Section 91.9(b)(2).

Petitioner seeks an exemption in that it requires certain manuals, materials, markings 

and placards to be placed inside the aircraft. Given the small size of UAV’s, compliance is 

impossible. The equivalent documents will be kept on the ground with the PIC. 

6. Petitioner Seeks Relief From Section 91.105.

Petitioner seeks an exemption to the extent this section requires crewmembers to be 

on-board the aircraft. UAV are unmanned, therefore, compliance is impossible.

7. Petitioner Seeks Relief From Section 91.109(a).

Petitioner seeks an exemption to the extent that this section requires fully functioning 

dual controls for training. UAV’s have ground based remote control systems rather than 

traditional dual aircraft controls. 

8. Petitioner Seeks Relief From Section 91.113(b).

Petitioner seeks an exemption so that the see-and-avoid function may be performed 

by, and assisted by, the visual observer (VO), and the VO may relay observations to the PIC. 5 

9. Petitioner Seeks Relief From Section 91.119(c) and 91.121. 

Relief from Section 91.119(c) and 91.121 are required to allow flight operations of the 

UAS, which utilize a barometric pressure sensor, GPS equipment, and a radio 

communications telemetry data link to downlink altitude information from the UA to the PIC 

at the ground control station (GCS). Since the FAA requires that any altitude information 

concerning UAS operations be reported to air traffic control (ATC) in feet above ground level 

(AGL), Petitioner seeks the requested relief because the UAS altimeter may be set on the 

ground to zero feet AGL, rather than the local barometric pressure or field altitude, before 

each flight. Considering the limited altitude of the proposed operations, relief is sought to the 

extent necessary to comply with the applicable conditions and limitations stated below. 

Further, relief from 91.119(c) is needed with respect to those participating persons, 

vehicles and structures directly involved in the operations, and those directly participating in 

the intended purpose of the operation. Relief from the section is warranted as operations will 

 

5 As called for by Section 8.2.1 of Interim Operational Approval Guidance 08-01 

(https://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organizations/uas

/coa/faq/media/uas_guidance08-01.pdf) 
16

be conducted with adequate safety provisions as outlined herein and as required by the FAA. 

An equivalent level of safety will be maintained, and the FAA has granted relief from this 

section for previous exemptions. For greater certainty, Petitioner intends to follow the 

guidelines set forth by the FAA in Exemption No. 11433A. 

10. Petitioner Seeks Relief From Sections 91.151(a) and (b).

Relief is requested to the extent required to allow flights of the battery powered UAS 

during daylight hours in visual meteorological conditions (VMC), under visual flight rules 

(VFR), for a total duration of approximately 15 minutes. Without an exemption, due to 

battery life limitations, commercial flight of most UAV’s would be impossible. 

11. Petitioner Seeks Relief From Sections 91.203(a) and (b).

Petitioner seeks an exemption in that this section requires certain documentation be 

carried about the aircraft. Given the physical size of most UAV’s, compliance with this 

section is impossible. Equivalent documentation will be kept on the ground with the PIC.

12. Petitioner Seeks Relief From Section 91.215.

Petitioner seeks an exemption from the transponder and altitude reporting equipment 

requirements of this section. There are currently no known commercially available 

transponders that are able to be carried onboard the UAV’s contemplated being used by 

Petitioner. 

13. Petitioner Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) And 

91.409(a)(2), 91.417(a) And 91.417(b). 

Sections 91.405(a), 91.407(a)(1), 91.409(a)(1), (a)(2), and 91.417(a) and (b) only 

apply to aircraft with an airworthiness certificate. Petitioner requests relief from these 

Sections because the UAS do not require airworthiness certificates. As has been noted by the 

FAA on multiple exemption grants, “the FAA finds that relief from 14 CFR Part 21... is not 

necessary.” 6

D. The Reasons Why Granting Petitioner’s Request Would Be In The 

Public Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present petition will further the public interest by allowing Petitioner to 

safely, efficiently, and economically perform aerial data collection activities over certain 

areas of the United States. Additionally, use of the UAS will decrease congestion of the NAS, 

reduce pollution, and provide significant benefits to the economy. The benefits of Petitioner’s 

proposed operation of the UAS will be realized without implicating any privacy issues. 

1. The Public Will Benefit From Decreased Congestion Of The NAS. 

The UAS are battery powered and serve as a safe, efficient, and economical 

alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing 

the amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing 

the use of the UAS would reduce the amount of manned aircraft in the NAS, reduce noise and 

air pollution, as well as increase the safety of life and property in the air and on the ground. 

 

6 AHNTECH, Inc., Exemption No. 14520 at 2.
17

Furthermore, by reducing the number of manned aircraft operating in the NAS, 

congestion around airports caused by arriving and departing aircraft will be reduced. The 

UAS do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft 

conducting aerial video and photography missions would result in fewer aircraft that must be 

handled by air traffic control during the ground, takeoff, departure, arrival, and landing 

phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The UAS. 

Conducting aerial acquisitions with the UAS, instead of manned aircraft, will greatly 

benefit the public by drastically reducing the levels of air and noise pollution generated 

during traditional aerial video and still photography flight operations. By using battery power 

and electric motors, the UAS produce no air pollution, and is the most viable environmentally 

conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that 

are typically utilized for aerial video and photography, while burning approximately 20-30 

gallons per hour of leaded aviation fuel. The UAS, while reducing the carbon footprint of 

aerial acquisitions, also eliminates noise pollution, as the UAS are propelled by battery 

powered electric motors, rather than an internal combustion engine. 

By using the UAS to perform aerial acquisitions, the substantial risk to life and 

property in the air and on the ground, which is usually associated with traditional manned 

aircraft flight operations, will be substantially reduced or completely eliminated. Aside from 

the lack of flight crew members located onboard the UAS have less physical potential for 

collateral damage to life and property on the ground, and in the air, compared to the manned 

aircraft that typically conduct similar operations (weighing approximately 6,000 pounds with 

a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Data Collection Operations With The UAS Will Benefit The 

Economy. 

In addition to being safe and efficient, the UAS are also an economical alternative to 

using manned aircraft to conduct similar aerial operations. As such, operation of the UAS will 

allow United States based companies and individuals, like Petitioner, to remain competitive 

and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation 

fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded 

aviation fuels, U.S. owned and operated companies must adopt new and alternative 

technology in order to remain competitive. Operating the battery powered UAS is one such 

technology that not only allows companies greater operational flexibility compared to 

manned aircraft, but provides such flexibility without the high operational cost of a traditional 

manned aircraft. 

By operating the UAS, Petitioner can remain competitive and profitable, and 

therefore, provide greater job stability to employees and contractors, which will ultimately 

contribute to growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows companies to 

invest in research and development in order to remain competitive both in the United States 

and abroad. 
18

4. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for 

decades, Petitioner’s proposed operation of the UAS will not implicate any privacy issues. 

The UAS will be operated only in compliance with operating documents, the proposed 

limitations herein (as may be amended by the FAA in the grant of exemption) and all other 

applicable Federal Aviation Regulations. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect 

Safety, Or How The Exemption Would Provide A Level Of Safety At Least 

Equal To That Provided By The Rule From Which Petitioner Seeks 

Exemption. 

1. Reasons Why UAS Meet The Conditions Of The FAA Modernization and Reform Act 

of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with 

the unmanned aircraft and its operation, Petitioner submits that the UAS can operate safely,

and at an equivalent level of safety, in the NAS pursuant to FMRA Section 333, as 

demonstrated by the characteristics of the UAS, the proposed flight operations limitations, 

and the similarity to other Section 333 Exemptions that have been previously granted. 

A. The Specifications Of The UAS Demonstrate Its Safe Characteristics.

The UAS do not create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security considering its size, weight, speed, and operational capability. 

When the communication with the GCS is lost, the UAS will return to the launch position and 

land. 

B. Flight Operations Will Be Conducted Pursuant To The Following Proposed Specific 

Operating Limitations.

1. Operations will be limited to the UAV(s) identified within when weighing less than 55 

pounds including payload and the equipment used to secure the payload. Proposed operations 

of any other aircraft will require a new petition or petition to amend.

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.
19

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, 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 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 
20

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.

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 experiencebuilding) 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. For tethered UAS operations, the tether line must have colored pennants or streamers 

attached at not more than 50 foot intervals beginning at 150 feet above the surface of the 

earth and visible from at least 1 mile. This requirement for pennants or streamers is not 

applicable when operating exclusively below the top of and within 250 feet of any structure, 

so long as the UA operation does not obscure the lighting of the structure.

19. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

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

21. 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 5 minutes or with the reserve power 

recommended by the manufacturer if greater.

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

operations shall be conducted in accordance with an ATO-issued COA. The exemption 
21

holder may apply for a new or amended COA if it intends to conduct operations that cannot 

be conducted under the terms of the enclosed COA.

23. 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.

24. 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.

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

at all times.

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

27. 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.

28. 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.

29. 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.

30. 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.

a. The operator must have a motion picture and television operations manual 

(MPTOM) as documented in this grant of exemption.
22

b. 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:

i. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

vi. 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;

vii. Signature of exemption holder or representative; and

viii. 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.

c. 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.

31. 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.

32. Unless otherwise specified in the exemption, Petitioner, PIC, and the UAS will comply 

with all applicable parts of 14 CFR.

C. Similarity To Other Previously Granted 333 Exemptions

Petitioner submits that the relief requested herein, as applied to the UAS Petitioner 

proposes to operate, and under the conditions stated above, provide a level of safety that is 

equivalent to or higher than current manned aircraft operations. 

As set forth in the table below, the FAA has previously found an equivalent level of 

safety and granted the requested relief in previously issued Section 333 grants for UAV 

operations under the same or similar circumstances. 

FAR Section(s) Exemption(s) Granting Requested Relief

43.7 Nos. 13366, 13365, 12474, 12422

43.11 Nos. 13366, 13365, 12474, 12422

45.23(b) No. 11433A

45.27 Nos. 13366, 13365, 12474, 12422
23

45.29 Nos. 13366, 13365, 12474, 12422

61.23(a) No. 11433A

61.23(c) No. 11433A

61.101(e)(4) No. 11433A

61.101(e)(5) No. 11433A

61.113(a) No. 11433A

61.315(a) No. 11433A

91.7(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.9(b)(2) Nos. 11433A, 13366, 13365, 12474, 12422

91.9(c) Nos. 13366, 13365, 12474, 12422

91.105 Nos. 13366, 13365, 12474, 12422

91.109(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.113(b) Nos. 13366, 13365, 12474, 12422

91.119(c) Nos. 11433A, 13366, 13365, 12474, 12422

91.121 Nos. 11433A, 13366, 13365, 12474, 12422

91.151(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422

91.151(b) No. 11448

91.203(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.203(b) Nos. 11433A, 13366, 13365, 12474, 12422

91.215 Nos. 13366, 13365, 12474, 12422

91.405(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.407(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422

91.409(a)(1) Nos. 11433A, 13366, 13365, 12474, 12422

91.409(a)(2) Nos. 11433A, 13366, 13365, 12474, 12422

91.417(a) Nos. 11433A, 13366, 13365, 12474, 12422

91.417(b) Nos. 11433A, 13366, 13365, 12474, 12422

In accordance with FMRA Section 333 the FAA may prescribe special conditions for 

Petitioner’s intended operation of the UAS that contain standards that the Administrator finds 

establish an equivalent level of safety. To the extent that the FAA may find Petitioner’s 

proposed operations lack equivalency, Petitioner requests that the FAA issue the grant of 

exemption with the appropriate equivalency limitations. 

A Summary That Can Be Published In The Federal Register, stating: The Rules From 

Which Petitioner Seeks Exemption: 

Petitioner JCR Professional Services seeks exemption from the requirements of the following 

Sections of 14 C.F.R:

43.7 43.11 45.23(b) 45.27

45.29 61.23(a) 61.23(c) 61.101(e)(4)

61.101(e)(5) 61.113(a) 61.315(a) 91.7(a)

91.9(b)(2) 91.9(c) 91.105 91.109(a)

91.113(b) 91.119(c) 91.121 91.151(a)(1)

91.151(b) 91.203(a) 91.203(b) 91.215
24

91.405(a) 91.407(a)(1) 91.409(a)(1) 91.409(a)(2)

91.417(a) 91.417(b)

A Brief Description Of The Nature Of The Exemption Petitioner Seeks: 

This exemption will permit Petitioner JCR Professional Services to commercially operate 

Unmanned Aircraft System(s) (UAS) for the purpose of conducting aerial data collection 

operations over certain areas of the United States.

Any Additional Information, Views, Or Arguments Available To Support Petitioner’s

Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) 

Section 333, which directs the Secretary of Transportation to determine if certain UAS may 

operate safely in the NAS. As such, JCR Professional Services seeks request for exemption 

pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth within. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a 

hazard to users of the NAS or the public, or otherwise pose a threat to national security; and 

further, provides the authority for such UAS to operate without airworthiness certification. 

As discussed in detail above, JCR Professional Services will operate the UAS safely in the NAS, 

without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to 

national security. 

CONCLUSION

As set forth herein, Petitioner seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the UAS identified herein for the purpose of conducting aerial data collection 

operations over certain areas of the United States. By granting this Petition, the FAA 

Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing Petitioner to 

safely, efficiently, and economically operate the UAS within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA 

Modernization and Reform Act of 2012, Section 333, Petitioner JCR Professional Services 

respectfully requests that the Administrator grant this Petition for an exemption from the 

requirements of certain 14 C.F.R Sections as identified within.

Dated: March 14, 2016
25

Respectfully submitted,

Jason B. Melvin

Counsel for JCR Professional Services

Texas Drone Lawyer

Melvin Legal, PLLC

9111 Cochran Bluff Lane

Dallas, Texas 75220

469-766-3502

jason@txdronelawyer.com