NS Consulting FAA Exemption Request

February 5, 2016

NS Consulting

Paul W. Najarro Jr.

13075 W Wadsworth, IL 60083, 

NS Consulting petitions the Federal Aviation Administration (FAA) for an exemption from part 21 and §§ 

45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and 

(b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of the Federal 

Regulations (14 CFR). The proposed exemption would allow NS Consulting/Paul Najarro to operate its 

unmanned aerial system (UAS) for aerial photography and video; inspection, including but not limited to 

operations: 

(1) over land, waterways, and oceans; (2) operation over and/or in non-restricted National Parks, 

National Forests, and non-navigable airspace using non-intrusive recording devices; and (3) operation in 

otherwise unrestricted U.S. States and Territories. All proposed operations would be conducted under 

controlled conditions in airspace that is: (1) limited, (2) predetermined, and (3) access controlled.

Appendix A provides the manufacturers information regarding the design, aircraft performance, and failsafe features. We have provided manufacturer information related to operating limitations, normal and 

emergency procedures, and maintenance and inspection procedures. As we add aircraft designs, we will 

update this appendix appropriately.

NS Consulting/Paul Najarro requests relief from the following regulations:

FAA rule which we seek exemption:

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

productions approvals, airworthiness certificates, and airworthiness approvals.

AFS-14-373-E

Section 45.23(b) prescribes that when marks include only the Roman capital letter “N” and the 

registration number is displayed on limited, restricted or light-sport category aircraft or experimental 

or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance 

to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the 

words “limited,” “restricted,” “light-sport,” “experimental,” or “provisional,” as applicable.

NS Consulting/Paul Najarro description of the exemption we seek:

UAS will have no airworthiness certificate; an exemption may be needed from 14 CFR § 45.23 as the UA 

will not have a cockpit or cabin. Given the size of the UAS, the 2-inch lettering will be impossible. The 

petitioner asserts that an equivalent level of safety will be provided by having the UA marked with the 

word “experimental” on the fuselage in compliance with 14 CFR § 45.29(f), in a location where the pilot, 

observer, and others working with the UA will see the identification.

FAA rule which we seek exemption:

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

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:
(1) The flight is only incidental to that business or employment; and

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

NS Consulting/Paul Najarro description of the exemption we seek:

Given the size, weight, and speed of the UA, as well as the location where it is operated and the fact that 

the UAS will not carry a pilot or passengers on board, as a result the proposed operations can achieve a 

very high level of safety. Also, additional safety measures are in place by requiring operator to complete 

20 hours of onsite with an additional 10 hours of online instruction before becoming operational. Also, 

UAS flights will be limited to no higher than 400 feet in altitude.

FAA rule which we seek exemption:

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

(a) no person who holds a private pilot certificate may act as a pilot in command of an aircraft 

that is carrying passengers or property for compensation or hire; nor may that person, for 

compensation or hire, act as pilot in command of an aircraft.

(b) a private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:

 (1) The flight is only incidental to that business or employment; and

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

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

condition.

NS Consulting/Paul Najarro description of the exemption we seek:

Currently, no such certificate exists in the applicable in the form contemplated by FAA regulations. As a 

result, this regulation is inapplicable.

FAA rule which we seek exemption:

Section 91.9(b)(2) prohibits operation of U.S.-registered civil aircraft unless there is available in the 

aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual material, 

markings, and placards, or any combination thereof.

NS Consulting/Paul Najarro description of the exemption we seek:

The UAS carries no pilot and given the size of the UA, carrying these documents aboard the UAS is not 

possible. However, these documents will remain at the ground control point where the pilot flying the 

UAS will have immediate access to them.

FAA rule which we seek exemption:

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

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

NS Consulting/Paul Najarro description of the exemption we seek:

UAS operator will thoroughly cover all preflight actions including reviewing weather, battery 

requirements, landing and takeoff distances, and aircraft performance data before initiation of flight 

using appropriate checklists.

FAA rule which we seek exemption:

Section 91.109(a) prescribes, in pertinent part, that no person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls.

NS Consulting/Paul Najarro description of the exemption we seek:

Flight control is accomplished through the use of a radio transmitter that communicates with the aircraft 

via a receiver in the UA Therefore, there are no dual flight controls. Additionally, there is no pilot or 

passengers in the UAS and the small size and safe speeds are added safety measures.
FAA rule which we seek exemption:

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

an aircraft below the following altitudes:

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

hazard to persons or property on the surface.

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

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

radius of 2,000 feet of the aircraft.

3. (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.

4. (d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is 

conducted without hazard to persons or property on the surface—

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

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

specifically prescribed for helicopters by the FAA; and

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

minimums prescribed in paragraph (c) of this section.

NS Consulting/Paul Najarro description of the exemption we seek:

91.119 allows safe altitudes for the operation of civil aircraft, but that it allows helicopters to be 

operated at lower altitudes in certain conditions. NS Consulting/Paul Najarro will not operates UAS 

above the altitude of 400 feet above ground level (AGL) and will also only operate in safe areas away 

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

relation to minimum safe altitudes.” Because of the size, weight, maneuverability, and speed of the UAS, 

an equivalent or higher level of safety will be achieved. Also, No flight will be taken without the 

permission of the property owner.

FAA rule which we seek exemption:

Section 91.121 requires, in pertinent part, each person operating an aircraft to maintain cruising 

altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an 

appropriate altimeter setting available before departure.”

NS Consulting/Paul Najarro description of the exemption we seek:

Altimeter settings is inapplicable since the UAS utilizes electronic GPS with a barometric sensor.

FAA rule which we seek exemption:

Section 91.151(a) prescribes that no person may begin a flight in an airplane under VFR conditions 

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point 

of intended landing and, assuming normal cruising speed, (1) during the day, to fly after that for at 

least 30 minutes [emphasis added].

NS Consulting/Paul Najarro description of the exemption we seek:

The limitations on the UAS’s proposed flight area and the location of its proposed operations within a 

predetermined area, a longer timeframe for flight in daylight or night VFR conditions is reasonable. We 

believe an equivalent level of safety can be achieved by limiting flights to 45 minutes or not less than 15 

percent of battery power, whichever occurs first. Also, NS Consulting/Paul Najarro UAS has 

preprogrammed setting that enables the UAS to return to original take off location when signal is lost 

and or battery becomes too low adding an additional safety measure.

FAA rule which we seek exemption:
Section 91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

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

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

Aircraft registration Application as provided for in § 47.31(c).

NS Consulting/Paul Najarro description of the exemption we seek:

The UAS carries no pilot and given the size of the UA, carrying these documents aboard the UAS is not 

possible. However, these documents will remain at the ground control point where the pilot flying the 

UAS will have immediate access to them.

FAA rule which we seek exemption:

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

airworthiness certificate or a special flight authorization issued under § 91.715 is displayed at the 

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

NS Consulting/Paul Najarro description of the exemption we seek:

The UAS carries no pilot and given the size of the UAS, carrying these documents aboard the UAS is not 

possible. However, these documents will remain at the ground control point where the pilot flying the 

UAS will have immediate access to them.

FAA rule which we seek exemption:

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

inspected as prescribed in subpart E of the same part and shall, between required inspections, except 

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

of the chapter.

NS Consulting/ Paul Najarro description of the exemption we seek:

This is only applicable to aircraft with an airworthiness certificate. NS Consulting/ Paul Najarro will keep 

routine and preflight maintenance records, which will be accomplished by the operator, who will keep a 

log of any performed maintenance. The operator is most familiar with the UAS and best suited to 

maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each 

flight. Should a mechanical issue arises, the UAS can land immediately, and given its small size, it poses 

minimal risk to persons or property.

FAA rule which we seek exemption:

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

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it has been 

approved for return to service by a person authorized under § 43.7 of the same chapter.

NS Consulting/ Paul Najarro description of the exemption we seek:

This is only applicable to aircraft with an airworthiness certificate. NS Consulting/ Paul Najarro will keep 

routine and preflight maintenance records, which will be accomplished by the operator, who will keep a 

log of any performed maintenance. The operator is most familiar with the UAS and best suited to 

maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each 

flight. Should a mechanical issue arises, the UAS can land immediately, and given its small size, it poses 

minimal risk to persons or property.

FAA rule which we seek exemption:

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

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

certificate in accordance with part 21 of this chapter.

NS Consulting/ Paul Najarro description of the exemption we seek:
This is only applicable to aircraft with an airworthiness certificate. NS Consulting/ Paul Najarro will keep 

routine and preflight maintenance records, which will be accomplished by the operator, who will keep a 

log of any performed maintenance. The operator is most familiar with the UAS and best suited to 

maintain it in an airworthy condition to provide an equivalent level of safety and will do so prior to each 

flight. Should a mechanical issue arises, the UAS can land immediately, and given its small size, it poses 

minimal risk to persons or property.

FAA rule which we seek exemption:

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

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

paragraph (b) of this section:

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

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The 

records must include—

(i) A description (or reference to data acceptable to the Administrator) of the work 

performed;and

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

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

service.

(2) Records containing the following information:

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

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

appliance.

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

overhauled on a specified time basis.

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

required by the inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, 

for each, the method of compliance, the AD or safety directive number and revision date. If the AD or 

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

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

airframe and currently installed engines, rotors, propellers, and appliances.

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

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

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

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

the aircraft at the time the aircraft is sold.

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

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

return to service.

NS Consulting/ Paul Najarro description of the exemption we seek:

The above is only applicable to aircraft with an airworthiness certificate. Prior to each flight, the UAS will 

undergo a routine preflight maintenance, which will be carried out by the pilot in command, who will 

keep a log of any performed maintenance to be certain that the UAV is airworthy. The operator is most 

familiar with the UAS and best suited to maintain it in an airworthy condition to provide an equivalent 

level of safety. Additionally, if a mechanical issue arises, the UA can land immediately, and given its small 

size, it poses minimal risk to persons or property.
NS Consulting/ Paul Najarro Conclusion

Public Interest

Given the small size of the UAS involved and the limited environment within which it will operate, its 

proposed operation falls squarely within that zone of safety. Also, because of the size of the UAS and the 

restricted areas in which the UAS will operate, the fact that there are no passengers, no fuel, as well as 

the extensive training and continuing education (annual) that the operator goes through prior to 

operations serves as additional safety, which will benefit the public.

Granting the requested exemptions is in the public interest because of (1) the strong equivalent level of 

safety surrounding the proposed operations, and (2) the significant public benefit, including enhanced 

safety and reduction in environmental impacts (such as reduced emissions associated with allowing UAS 

for photography, survey and inspection operations).

NS Consulting/ Paul Najarro willingness and ability to carry out these same standards, which have 

proven tremendous success into the UAS industry can have a safe and meaningful initiative.
Apendix A