September 17, 2015

Exemption No. 12908

Regulatory Docket No. FAA−2015−2700

Mr. Chuck Stephan

KOA Corporation

1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

Dear Mr. Stephan:

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 June 4, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of KOA Corporation (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography for infrastructure and construction purposes.

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 is a DJI Phantom 2 Vision Plus.
2

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 

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, KOA Corporation 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 

 

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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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.

Conditions and Limitations

In this grant of exemption, KOA Corporation 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 

Vision Plus 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 
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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’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 
5

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 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 
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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.

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 
7

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

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 September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
1

1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

June 4, 2015

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Ave. SE 

Washington, DC 20590 

Subject: REQUEST FOR EXEMPTION PER SECTION 333 OF THE FAA REFORM ACT

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act), and 14 C.F.R. Part 

11, KOA Corporation, Inc. (KOA), a California based Corporation providing civil engineering services, hereby 

applies for exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small 

Unmanned Aircraft System (sUAS) equipped to conduct aerial photography for various industries and public 

agencies, commercially in airspace regulated by the Federal Aviation Administration (FAA), so long as such 

operations are conducted with and under the conditions outlined herein and as established by the FAA, as 

required by Section 333. 

The proposed exemption will permit KOA to pursue its commercial interests in providing services to consumers 

interested in aerial data capture using a small advanced sUAS in the following areas:

• Aerial imagery for use in planning and design of public infrastructure, including streets and pipelines

• Analysis and assessment of existing public infrastructure, including streets and pipelines

• Planning and design of development projects

• Documentation of public infrastructure construction activities

• Urgent inspection of facilities and infrastructures in the event of an earthquake or other emergency requiring 

engineering response and assessment.

KOA’s chief sUAS operator holds an FAA Private Pilot License. All KOA operator’s will be trained to understand 

the proper roles of an operator, observer, communication procedures, preflight planning and area observation, 

checklists, conflict avoidance, separation from utilities and structures, proper visual scan techniques, equipment 

care, inspection and maintenance, and FAA Section 333 requirements.

KOA is requesting exemption from:

14 C.F.R. Part 21 14 C.F.R. 91.121 

14 C.F.R. 45.23 (b) 14 C.F.R. 91.151(a)

14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.7 (a) 14 C.F.R. 91.205 (b)

14 C.F.R. 91.9 (b) (2) 14 C.F.R. 91.215

14 C.F.R. 91.109 14 C.F.R. (91.401 - 91.417)

14 C.F.R . 91.119 

sUAS are a feasible method to obtain information regarding existing and proposed public infrastructures. Some 

existing infrastructure, such as busy railroad yards, steep flood control channels, piers, and hillside drainage 

structures are fairly inaccessible. sUAS allow ready and safe access to such sites while reducing personal risk of 
2

1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

injury from climbing and falls. Large projects encompassing several acres, or miles, of infrastructure are best 

viewed and understood from an aerial persepective captured by a sUAS camera. After an earthquake or other 

disaster, an sUAS will allow ready and safe access to damaged or questionable sites for engineering inspection and 

assessment.

We are petitioning for exemption to enable KOA to operate a DJI Phantom 2 Vision Plus multi-rotor equipped 

with a three-axis gimbaled camera. This sUAS weighs less than 25 lbs, has a built- in capability to limit the height it 

flies above the ground, to limit the radius of the distance it flies from the operator and to exclude it from Class B, 

C and D airspace including a no fly zone feature. The system has a failsafe return function. When communication 

between the Main Controller and the transmitter is lost, the sUAS will automatically return to the starting 

location and land safely. The DJI Phantom 2 Vision Plus consists of a battery-powered unmanned aircraft unit with 

camera, and a ground-based controller with communications device operated by the Pilot in Command 

(operator). Radio communications are compliant with Federal Communications Commission requirements.

KOA’s operations will include the following requirements:

• The petitioner will operate its sUAS in line of sight of the operator and/or observer. Such operations will be 

conducted to ensure that the sUAS will not create a hazard to users of the national airspace system or the 

public.

• Maximum flight time for each operational flight will be 20 minutes. Multiple flights may be conducted.

• Flights will be terminated at 25% battery power reserve should that occur prior to the 20 minute limit.

• The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, lens, and 

gimbal).

• The sUAS will operate at speeds of no more than 55 knots.

Under the requested exemption KOA ensures that all operators have completed a small unmanned aircraft 

systems sUAS education and training program including applicable regulations and guidance documents; Basic 

Small UAS Aerodynamics; Weather factors; Flight Planning; Preflight Assessment; Incident Avoidance; Airmanship 

and Decision making and Safe Operating Procedures. 

We respectfully request exemption under Section 333 to enable KOA to operate safe, low-risk commercial sUAS

operations for the activities stated. KOA at all times will respect the space and privacy of citizens and property 

while keeping our skies safe.

Sincerely,

KOA Corporation

Chuck Stephan, P.E.

Vice President
3

1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

KOA Corporation, Inc. (KOA), requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of a Small Unmanned Aircraft System (sUAS): 

14 CFR Part 21, Airworthiness Certificates 

This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to 

work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimental certificate be 

issued for the DJI Phantom 2 Vision plus, under either or both of the following provisions: 

21.191 Experimental certificates. 

Experimental certificates are issued for the following purposes: 

(a) Research and development. 

Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating 

techniques, or new uses for aircraft. 

(b) Showing compliance with regulations. 

Conducting flight tests and other operations to show compliance with the airworthiness regulations including 

flights to show compliance for issuance of type and supplemental type certificates, flights to substantiate major 

design changes, and flights to show compliance with the function and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate would permit our 

commercial purpose as well. The aircraft will not carry persons or property, will not carry fuel, and will only fly 

under strict operational requirements. Combined with the UA's light weight, being constructed primarily of foam, 

carbon fiber, and/or plastic, we propose that the UA will be at least as safe, if not safer, than a conventionally 

certificated aircraft performing the same mission. If an experimental airworthiness certificate is not appropriate 

for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

airworthiness certificate in general, citing the equivalent level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at 

least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches 

high near the entrance to the cabin, cockpit, or pilot station. The sUAV does not have an entrance in which the 

word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the FAA. We 

propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" on the top of the 

aircraft, We will also include the KOA name and contact information on the aircraft for identification purposes.

14 CFR 61.113 Private pilot privileges and limitations: 

Pilot in Command and 61.133 Commercial pilot privileges and limitations. The regulation provides that no person 

that holds a Private Pilot certificate may act as pilot in Command of an aircraft for compensation or hire. 
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1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

Subparagraph (b) allows a private pilot to 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. Our proposed operations require that the operator must be 

duly trained and capable of operating the sUAS safely and in conformance with all regulations and requirements. 

Since the aircraft cannot carry passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) 

even though the intent of this application is to augment our business services. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. 

This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the 

aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry 

documentation, the documentation would not be available to the crew during flight operations. To obtain an 

equivalent level of safety and meet the intent of 91.9, we propose that a current, approved sUAS Flight Manual, 

and equipment manufacturer’s information, will be available to the crew at the ground station anytime the aircraft 

is in, or preparing for, flight. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 

The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless 

that aircraft has fully functioning dual controls." The sUAS System ground-based control station consists of a small 

hand-held radio transmitter and while it does not offer a second set of "controls", both a student and instructor 

can, operate the single set of controls simultaneously. With both student and instructor having "hands-on" the 

controls during flight, we feel that this technique meets the intent 91.109 and provides an equivalent level of 

safety. 

14 CFR 91.119 Minimum safe altitudes: General. 

The regulation states that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to 

any person, vessel, vehicle, or structure. Since the typical mission of our sUAS would be photography or 

inspection of structures and infrastructure facilities, it will be necessary to operate closer than the 500 feet 

limitation. Our operations will only be conducted over property or persons where permission has been obtained 

and careful pre-planned has been performed. The aircraft will be operated at a low altitude allowing, if a power 

unit fails, an emergency landing without undue hazard to persons or property on the surface. Therefore we 

maintain that due to the small size of the UAS, the hazard to persons, vehicles and structures is minimal compared 

to manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 
5

1100 Corporate Center Drive, Suite 201

Monterey Park, CA 91754

t: 323.260.4703 f: 323.260.4705

www.koacorporation.com

The regulation requires that aircraft shall maintain cruising altitudes by reference to an altimeter setting available 

within 100 NM of the aircraft. The sUAS will always fly below 600 feet AGL and will not need to maintain cruising 

altitudes to prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff 

point is transmitted via radio from the sUAS on-board computer to the display screen held by the operator, 

providing a constantly updated AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. 

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless there is 

enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. The sUAS are 

battery operated and the maximum duration of flight from a single battery charge is 12-45 (depending on which 

sUAS) minutes with a 20% reserve. Since the aircraft will not fly more than 2,000 feet from the point of intended 

landing, a full battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. 

We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". We 

also request exemption from the 30 min reserve and ask that our reserve will be to fly the mission to the point of 

intended landing with at least a 20% battery reserve. 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. 

The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and 

a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the 

airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." 

The sUAS is too small to carry documentation, does not have an entrance, and is not capable of carrying 

passengers or crew. To obtain an equivalent level of safety and meet the intent of 91.203, we propose that 

documents deemed appropriate for this aircraft by the FAA will be colocated with the operator at the ground 

control station and available for inspection upon request. To identify the aircraft, we propose that the information 

found on airworthiness and registration certificates be permanently affixed to the aircraft.

14 CFR 45.23. 14 CFR Subpart E (91.401- 91.417) - Maintenance, Preventive Maintenance, Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworthy 

condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

"approved for return to service by a person authorized under 43.7" after maintenance and inspection. It is our 

intention that the operator perform maintenance and inspection of the aircraft and "be authorized to approve the 

aircraft for return to service." The operator will ensure that the aircraft is in an airworthy condition prior to 

every flight and in addition, conduct detailed inspections before and after each flight. Maintenance performed by 

the operator is limited to repairing small cracks, replacing a propeller, checking electrical connections and 

updating software and firmware for the on-board computer. All other maintenance will be performed by the 

manufacturer or their designated repair facility. The operator will document work performed in accordance with 

91.417. We feel that due to the size, construction, and simplicity of the aircraft, the operator can ensure an 

equivalent level of safety.