Petition for Exemption or Rulemaking

LandMark Implement

Area of Petition

LandMark Implement seeks an exemption from Part 21; 45.23(b); 61.113(a) and (b); 61.133(a); 

91.7(a); 91.9(b)(2); 91.109(a); 91.119; 91.151(a); 91.203(a) and (b); 91.319(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(2); and 91.417(a) of Title 14, Code of Federal Regulations.

The Petitioner requests relief from the following regulations

Part 21, Certification Procedures for Products and Parts, prescribes, in pertinent part, the procedural 

requirements for issuing and changing design approvals, production approvals, airworthiness 

certificates, and airworthiness approvals.

Section 45.23 prescribes in paragraph (a) that each operator of an aircraft must display on that aircraft 

marks consisting of the Roman capital letter “N” (denoting United States registration) followed by the 

registration number of the aircraft. It then prescribes in paragraph (b) 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.

Section 45.29(b)(iii) prescribes, in pertinent part, that marks at least 3 inches high may be displayed on 

an aircraft for which the FAA has issued and 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 calibrated airspeed.

Section 61.113(a) and (b) prescribes, in pertinent part, that-

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

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

compensation or hire, act as PIC 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 61.133(a) prescribes, in pertinent part, that a person who holds a commercial pilot certificate 

may act as pilot in command of an aircraft: (i) Carrying persons or property for compensation or hire, 

provided the person is qualified in accordance with this part and with the applicable parts of this 

chapter that apply to the operation; and (ii) For compensation or hire, provided the person is qualified in 

accordance with this part and with the applicable parts of this chapter that apply to the operation.

Section 91.9(b)(2) prescribes, in pertinent part, that no person may operate a U.S.-registered civil 

aircraft unless there is available in the aircraft a current approved Airplane or Rotocraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof.
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.

Section91.119 prescribes that, except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes:

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

hazard to persons or property on the surface.

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

air assembly of persons, and altitude of 1,000 feet above the highest obstacle within a 

horizontal radius of 2,000 feet of the aircraft.

(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.

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

conducted without hazard to persons or property on the surface1. 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. A powered parachute or weight-shift-control aircraft may be operated at less than 

the minimums prescribed in paragraph (c) of this section.

Section 91.121 prescribes, in pertinent part, that each person operating an aircraft shall maintain the 

cruising altitude by reference to an altimeter that is set when operating below 18,000 feet mean sea 

level (MSL) to the elevation of the departure airport or an appropriate altimeter setting available before 

departure.

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

(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].

Section 91.203(a) prescribes, in pertinent part, that no person may operate 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).

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.

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.

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.
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.

Section 91.419(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 the 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 service.

FAA Notice 8900.227, paragraph 16.c.(4), PIC Medical, states, in pertinent part, that the PIC must 

maintain, at a minimum, a valid FAA second-class medical certificate issued under 14 CFR part 67, 

Medical Standards and Certification, or the FAA-recognized equivalent.
Paragraph 16.e.(1), Medical, states, in pertinent part, that all observers must have a valid FAA secondclass medical certificate issued under part 67; an FAA-recognized equivalent is an acceptable means of 

demonstrating compliance with this requirement.

The petitioner supports its request with the following information:

The petitioner has provided the following information – contained in its petition and proprietary 

supporting documentation: 1) Justification of airworthiness and safety assessment, 2) Inspection and 

maintenance requirements, 3) Hangar 78 High Endurance Quadrotor User Manual, 4) Hangar 78 High 

Endurance Quadrotor training documentation, and 5) Aviation Experience – in support of its exemption 

request. Documents 1-4 above are hereinafter collectively referred to as the operating documents.

Unmanned Aircraft System (UAS)

The petitioner states it plans to operate a UAS, Hangar 78 High Endurance (HE) quadrotor carrying a 

geo-referenced still camera to conduct photogrammetry and crop scouting in order to perform precision 

agriculture. The Hangar 78 High Endurance Quadrotor consists of a lightweight battery powered 

aircraft, a personal computer-based ground control station, including data logging telemetry. The 

Hangar 78 HE is a quadrotor aircraft utilizing, 4 16-inch carbon fiber propellers to help achieve a 

maximum rated speed of 30 knots.

The petitioner states that the Hangar 78 HE Quadrotor normally operates in an autonomous mode. 

Also, the PIC can modify the flight plan of the HE Quadrotor at any time, using the flight management 

interface or by manual take-over via a commercial off the shelf (COTS) 2.4Ghz hobby remote controller. 

In autonomous mode, the operator can instruct the HE Quadrotor to hold (loiter) at its current position, 

return to the Home waypoint, initiate the planned landing procedure, and immediately land at the 

current location. At any time, the operator has the ability to take over full manual flying mode.

Regarding airworthiness certification, the petitioner requests an experimental airworthiness certificate 

be issued for the Hangar 78 HE Quadrotor under the provisions of § 21.191(a) and (b). The petitioner 

states because an experimental certificate can be used for commercial purposes such as market surveys, 

sales demonstrations, and customer crew training; it believes an experimental certificate would permit 

this commercial purpose. The petitioner further states if an experimental airworthiness certificate is not 

appropriate, it requests an exemption from part 21, subpart H because the Hangar 78 HE Quadrotor will

be at least as safe, if not safer, than a conventionally certificated aircraft performing the same mission. 

The petitioner notes the Hangar 78 HE Quadrotor: (1) will not carry persons, property, or fuel, (2) will 

only fly under strict operational requirements, (3) will weigh under 4.5 pounds, and (4) is constructed 

primarily out of light weight carbon fiber arms and molded plastic. 

Regarding civil aircraft certification required under § 91.203(a) and (b), the petitioner asserts the Hangar 

78 High Endurance Quadrotor at 4.5 pounds is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. The petitioner proposes to achieve an 

equivalent level of safety and meet the intent of § 91.203 by co-locating documents deemed 

appropriate for this aircraft by the FAA with the crew at the ground control station and available for 

inspection upon request. To identify the aircraft, the petitioner proposes that the information found on 

airworthiness and registration certificates be permanently affixed to the aircraft via placard.

The petitioner requests an exemption from §§ 45.23 and 45.29 because the 4.5 pound Hangar 78 HE 

Quadrotor 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. The petitioner proposes to achieve an equivalent 
level of safety by including the word “EXPERIMENTAL” on the top of the aircraft, where people in the 

vicinity of the aircraft will be able to see the designation. Additionally, the petitioner notes the 

previously proposed permanent placard regarding § 91.203 will provide the aircraft’s registration 

information should it be found on the ground. The petitioner adds it will display at the ground station a

high contrast flag or banner that contains the words “Unmanned Aircraft Ground Station” in letters 3 

inches high or greater.

Regarding keeping an approved civil aircraft flight manual aboard the UAS, the petitioner states it may 

need an exemption from § 91.9 because the aircraft is too small to carry documentation and that 

documentation would not be available to the crew. The petitioner proposes to obtain an equivalent 

level of safety by mandating that a current, approved Airplane Flight Manual be available to the crew at 

the ground station anytime the aircraft is in flight or preparing for flight.

Regarding the requirements for fully functioning dual flight controls aboard the aircraft, the petitioner 

notes the Hangar 78 HE Quadrotor ground control station is based on a small hand-held computer; while 

it does not offer a second set of “controls,” both the student and instructor can and will operate the 

single set of controls simultaneously, which the petitioner asserts will meet the intent of § 91.109 and 

provide an equivalent level of safety.

The petitioner requests an exemption from the maintenance, preventative maintenance, and alterations 

requirements in part 91, Subpart E (§§ 91.401 through 91.417). The petitioner proposes that the PIC 

perform maintenance and inspection of the aircraft and be authorized to approve the aircraft for return 

to service. The petitioner explains as provided in the supplemental, proprietary maintenance 

procedures submitted to the FAA under separate cover to its petition, the PIC will ensure that the 

aircraft is in an airworthy condition prior to flight and conduct detailed inspections after every 10 hours. 

The petitioner states maintenance performed by the PIC is limited to repairing small cracks, replacing a 

propeller, replacing pre-fabricated arms and other structural components, and updating software and 

firmware; all other maintenance will be performed by the manufacturer. The PIC will document work 

performed in accordance with § 91.417. the petitioner asserts that because of the sizes, constructions, 

and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

UAS Pilot in Command (PIC)

The petitioner states the aircraft will be operated in the field with both a PIC and a ground based Visual 

Observer (VO) in accordance with FAA Policy N 8900.227.

Regarding PIC private pilot privileges and limitations and commercial pilot privileges and limitations, the 

petitioner states its proposed operations meet the requirements of N 8900.227 paragraph 16.c.(2)(c), 

operations without a pilot certificate, in which the PIC is required to complete FAA private pilot ground 

instruction and pass the FAA private pilot written examination. Additionally, another layer of safety will 

be introduced which will require the aircraft to undergo 100 hour inspections by an FAA certified 

Airframe and Powerplant (A&P) Mechanic. The petitioner asserts because the Hangar 78 HE Quadrotor

cannot carry passengers or property, its UAS pilots would meet the intent of § 61.113(b) even though its 

request for exemption is to conduct business.

Regarding medical requirements for the PIC and observer, the petitioner seeks an exemption from N 

8900.227 paragraphs 16.c.(4) and 16.e.(1). The petitioner asserts the policy requiring the crew to meet 

the same medical requirements as a commercial pilot, carrying passengers in a large aircraft, is an 

unnecessary burden. The petitioner proposes the minimum medical requirements to be vision 

corrected to 20/20 and a valid, State-issued driver’s license. The petitioner notes because of the 
aircraft’s size and weight, the greatest hazard of its proposed operation will be driving to the launch site. 

The petitioner adds that should the PIC and VO become medically incapacitated, the Hangar 78 HE 

Quadrotor will recover autonomously to the landing location designated before launch without crew 

intervention.

UAS Operating Parameters

The petitioner states that the Hangar 78 HE quadrotor will remain within Visual Line of Sight (VLOS) of 

the pilot or observer which guarantees a geo-referenced fence of operations around the operator of no 

greater than 1⁄2 nautical miles. The petitioner further states that the fence walls may be expanded by an 

observer with the ability to control aircraft. The Hangar 78 HE quadrotor will be restricted to an altitude 

of 400 feet above ground level (AGL) and will stay in class G airspace. All operations will occur during 

daylight hours, and will avoid congested or populated areas. All flights will be conducted over private or 

controlled access property. LandMark Implement will obtain permission from the land owner/controller 

prior to the beginning of every flight.