Fovea Aero Systems LLC

60 Fostertown Road  Medford, New Jersey 08055

Phone: 800-257-6442  E-Mail: jeff@foveaaero.com  Web: www.FoveaAero.com

Date: March 2, 2015

U.S. Department of Transportation

Docket Operations, M-30

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor

Washington, DC 20590-0001

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, Fovea Aero Systems LLC hereby applies for an exemption from the Federal Aviation 

Regulations identified herein to allow for the commercial operation of its sUASs for the purposes of 

electric transmission and distribution utility systems monitoring and inspection, so long as such 

operations are conducted within and under the conditions outlined herein or as may be established by 

the Federal Aviation Administration (“FAA”).

Electric transmission and distribution systems are currently inspected utilizing helicopters and fixed 

wing aircraft. Power transmission utility workers (“linemen”) or photographic equipment are carried in 

the aircraft to search for current and potential power line and component defects. The use of sUASs to 

perform these tasks increases worker and public safety, lowers inspection costs, increases power 

distribution reliability and can provide better, faster, more thorough inspections than through the use of 

manned aircraft. These facts, among others, provide a significant and definitive public benefit and are in 

the public interest.

Conditions for sUAS operation as described in this application are consistent with and based upon 

proposed FAA sUAS regulations as outlined by the FAA on the 15th of February, 2015. Any additional 

conditions included herein have been included by Fovea Aero Systems LLC to add to and enhance the 

safe operation of sUASs when used for utility inspection and management.

The applicant contact information is:

Fovea Aero Systems LLC

Attn: Jeffrey Sassinsky

Telephone: (800) 257-6442 ext. 706

Email: jeff@foveaaero.com

Address: 60 Fostertown Road, Medford, New Jersey 08055
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Fovea Aero Systems LLC contends that this application satisfies the conditions and criteria set forth in 

Section 333 of the Reform Act, that the operations described herein benefit the public interest as a whole 

in many ways and that the use of sUASs for power line and utility inspection meets or exceeds the level 

of safety currently experienced by traditional manned aircraft utilized for these purposes. The applicant 

is thankful for the Federal Aviation Administration’s time and consideration.

Respectfully yours,

Jeffrey Sassinsky

President, Fovea Aero Systems LLC

I. Regulations for which Exemption is Requested

Fovea Aero Systems LLC requests exemption from the following regulations:

• Part 21, Subpart H.

• 45.23 (b).

• 45.25.

• 45.27 (a).

• 45.29.

• 61.113 (a) & (b).

• 61.133 (a).

• 91.7 (a).

• 91.9 (b)(2) & (c).

• 91.103.

• 91.105.

• 91.109 (a).

• 91.119.

• 91.121.

• 91.151 (a)(1) & (b).

• 91.203 (a) & (b).

• 91.405 (a).

• 91.407 (a)(1).

• 91.409 (a)(2).

• 91.417 (a) & (b).

A discussion of each FAR and the methods by with Fovea Aero Systems LLC will maintain a level of 

safety equivalent to or exceeding the rules from which exemption is sought is detailed in Section VI of 

this petition.
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II. Statutory Authority for Requested Exemptions

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. Congress 

has directed the FAA “to safely accelerate the integration of civil unmanned aircraft systems into the 

national airspace system.” Pursuant to Section 333 of the Reform Act, the FAA Administrator is to 

permit operation of an unmanned aircraft system where it does not create a hazard to users of the 

national airspace system (“NAS”) or the public or pose a threat to national security based on the 

following considerations:

• The size, weight, speed and operational capability;

• Operation in proximity to airports and populated areas; and

• Operation within visual line of sight of the operator.

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the Administrator 

decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701-44716, et seq. A 

party requesting an exemption must explain the reasons why the exemption: (1) would benefit the 

public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at 

least equal to the existing rules. See 14 C.F.R. § 11.81.

III. Fovea Aero Systems LLC Background Information

Fovea Aero Systems LLC is dedicated to provide safe, efficient and outstanding aerial imaging services

to its clients. The founder, Jeff Sassinsky, is an active pilot holding a commercial certificate, valid 

medical and has previously worked as a professional pilot in Part 135 operations. He has also worked as 

a utility line inspection photographer and has helped design aerial methods for imaging power lines and 

utility components.

Fovea Aero Systems LLC is actively consulting with a Part 135 helicopter operator currently 

performing power line inspections using manned aircraft. The operator and Fovea Aero Systems LLC 

are examining current methods used by manned aircraft for power line inspections and how they can be 

improved in both safety and effectiveness by utilizing sUASs. Additionally, Fovea Aero Systems LLC is 

working with power line inspection professionals to identify inspection requirements and to safely, 

efficiently and effectively utilize sUASs to augment and improve the inspection process.

Working closely with current Part 135 operators and power line inspection professionals has provided 

Fovea Aero Systems LLC with exceptional “real world” knowledge of power line inspection methods,

requirements and hazards as well as ways to improve upon these operations using sUASs. This will

assist Fovea Aero Systems LLC in the operation of their sUASs in a safe and efficient manner should 

this petition be granted.
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IV. Proposed Operations

Fovea Aero Systems LLC is requesting exemptions from the Federal Aviation Regulations (the “FARs”) 

stated herein pursuant to Section 333 of the Reform Act in order to perform power line and utility 

system monitoring and inspection utilizing sUASs.

Inspections and monitoring of electric transmission and distribution components are currently 

performed using four main methods: (i) by manned-aircraft (often helicopter and occasionally fixedwinged), (ii) by land based motor vehicle, (iii) on foot, or (iv) by a worker(s) climbing the pole / tower. 

In many cases, each of the aforementioned methods can be replaced or augmented by using an sUAS to 

perform the inspection. The sUAS can often provide all or a combination of (i) better results, (ii) 

improved coverage, (iii) increased worker and public safety and (iv) decreased costs over the current 

methods.

Fovea Aero Systems LLC will operate their sUASs with a gimbal mounted high-resolution camera. The 

camera system will acquire still photographs and / or video of the electric transmission components, 

tower, pole, base, surrounding vegetation and potential hazards to the power lines. The inspections can 

be completed onsite by a line worker using a live feed from the sUAS or later using the stored images. 

The images can be cataloged for later inspection, comparison to future inspections, assessing storm 

damage, asset management and for planning upgrades or future power distribution improvements and

expansion.

An sUAS will provide greater visual coverage of the power line and associated components over many 

of the current inspection methods. Previously non-inspected areas of the power line and tower / pole 

can be seen and inspected using the imagery obtained by Fovea Aero Systems LLC’s sUASs. This 

improves upon current inspection methods resulting in more reliable power distribution, fewer outages 

and potentially lower costs for power consumers.

The ability to inspect the power distribution system using sUASs will increase worker safety, increase 

public safety, decrease inspection costs, reduce power outages, and may improve natural disaster 

response time. Additionally, sUASs do not carry an onboard pilot, crew, passengers or flammable fuel 

and do not release emissions. These qualities provide a significant public benefit and are in the public 

interest. Each of these, as well as other public benefits, are expanded upon and discussed later in this 

petition. See Section V in this document.

A. Operation Locations and Environments

Fovea Aero Systems LLC will operate its sUASs in support of power line inspections. Most utility 

companies currently perform aerial inspections using a helicopter and a lineman that “glasses” the lines 

by viewing them from the helicopter directly or with the aid of binoculars. Others photograph the lines 

using an onboard photographer.

The helicopter is often required to operate in close proximity to the lines and at low altitude in order to 

place the lineman or photographer in a position to see the power distribution components. The 

helicopter may be operating for extended periods in less than optimal conditions for safety, such as 

directly over the power lines, with a tail wind, or in areas in which an autorotation may be difficult or 
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impossible in the event of an engine failure. This places the helicopter, its occupants, and possibly the 

public, in harms way.

An sUAS would eliminate these concerns. Its lack of occupants eliminates potential harm to the pilot, 

crew and onboard observers, its small size reduces or eliminates the risk to the public, its ability to 

image power distribution components from a relatively close distance improves inspection coverage and 

its low operating costs allow for more thorough and timely power line inspections. An sUAS also does 

not carry flammable fuel and does not release emissions.

The sUASs will be controlled via radio transmission from a Ground Control Station (“GCS”). All 

remote control equipment will be off the shelf industry standard devices available to both professionals 

and consumers and utilize FCC approved transmission and reception components.

The sUAS will be operated in the area immediately surrounding the power distribution equipment. The 

structures, such as high voltage power lines, are typically contained within a “right of way” owned by 

the power utility company. This provides Fovea Aero Systems LLC’s sUASs with a safe and secure

flight location. At no time will the sUAS be operated over any non-participating persons. The flight 

area will be monitored by the operator and / or observers for any encroaching individuals.

Fovea Aero will confer with the participating utility company regarding any known hazards or 

abnormal operating conditions that the utility or Fovea Aero may consider pertinent to sUAS 

operations. Permission from the controlling utility company will be obtained prior to conducting

commercial flight operations within the right of way or in the vicinity of the power line.

Fovea Aero Systems LLC will utilize a operator specifically trained in sUAS operations for all 

commercial flights. When deemed necessary by Fovea Aero Systems LLC an observer(s) will be utilized 

for added visual coverage. They may also utilize a payload specialist and / or lineman for obtaining 

video or photographs and performing onsite power utility inspections via remote video feed.

The observer will be in voice contact with the operator at all times during flight via either direct 

contact, radio or equivalent methods, depending on the optimal observer position as determined by 

operator and observer. The observer, when used, will assist the operator in identifying both air and 

ground hazards and maintaining safe operating conditions. The flight will be altered or terminated

immediately should a hazard such as a low flying aircraft or unauthorized person in the flight area be 

observed by either the operator or observer.

Power line right of ways are cleared of vegetation and provide very good line of sight environments. 

This reduces flight risks to very manageable levels. The flight area can be secured, any intruders 

readily spotted and flights quickly and safely terminated to multiple landing zones if need be. 

Additionally, the sUAS will not be operated over non-participating persons. It will remain a minimum 

of 50 feet from all non-power distribution structures and will not operate higher than 500 feet AGL.

Predetermined potential landing zones will be identified and briefed by the operator, observers and 

participating persons prior to flight. Landing zones will be selected according to proximity to 

obstructions, observed ground conditions and limited exposure to persons and property.
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B. Operating Conditions and Limitations

All operations will be conducted according to and in compliance with the following conditions and 

limitations.

(A) All sUASs utilized will weigh less than 55 lbs. (25 kg).

(B) The aircraft will remain within visual line-of-sight (“VLOS”) of the operator and / or visual 

observer(s) at all times using vision unaided by any device with the exception of corrective lenses.

(C) A visual observer (“VO”) may be utilized to satisfy the VLOS and observation requirements as 

defined herein.

(D) The aircraft will not operate over non-participating persons.

(E) Flight operations will be conducted only between the period of official sunrise and sunset as 

defined in the Aeronautical Information Manual (AIM).

(F) The sUAS will yield right-of-way to other aircraft, manned or unmanned. If there is a risk of a 

collision, the operator will immediately maneuver away.

(G) Prior to flight, the sUAS operator will assess weather conditions using FAA approved weather 

sources and direct weather observation, will check airspace restrictions and TFRs and will assess

the location of people and property to lessen risks if he or she loses control of the sUAS.

(H) Flight operations will be conducted only with flight visibilities at or exceeding 3 statute miles.

(I) The sUAS will not be operated in airport flight paths, restricted airspace, or areas under current

Temporary Flight Restrictions (TFRs).

(J) The operator will discontinue the flight when continuing would pose a hazard to other aircraft, 

people or property.

(K) The sUAS will not exceed an airspeed of 87 knots (100 mph).

(L) The sUAS will not be operated at an altitude exceeding 500 feet above ground level (“AGL”).

(M) Operations will not be conducted in Class A airspace.

(N) ATC permission will be obtained prior to operations in Class B, Class C, Class D or Class E 

airspace.

(O) The operator / observer(s) will operate / observe only one sUAS at a time.

(P) A thorough preflight of the sUAS will be conducted by the designated operator in command 

(“OIC”) prior to the first flight of the day or after any suspected or observed anomalies or damage.

(Q) The OIC will follow the suggested preflight actions as outlined in the sUAS operator’s manual or, 

if available, Fovea Aero Systems LLC’s sUAS operation guidelines.

(R) The operator will not operate an sUAS should he or she know or has any reason to know of any 

physical or mental condition that would interfere with their safe operation of the aircraft.

(S) The sUAS will not be operated in a careless or reckless manner.

C. Operator Certification and Requirements

All Fovea Aero Systems LLC operators will abide by the following conditions and requirements.

(A) All operators will hold a current and valid Private, Commercial or ATP pilot certificate with 

ratings for one or more of the following categories: single-engine land airplane, multi-engine land 

airplane or rotorcraft helicopter. This requirement may be alternatively satisfied when / if FAA 

sUAS operator testing, certification and currency requirements are approved.

(B) All operators will be 18 years of age or older.
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(C) Operators or a designated Fovea Aero Systems LLC official will make available to the FAA, upon 

request, the sUAS for inspection or testing.

(D) Operators or a designated Fovea Aero Systems LLC official will maintain a log of flights as 

practicable for future currency or flight logging requirements.

(E) An operator or a designated Fovea Aero Systems LLC official will report an accident to the FAA 

within 10 days of any operation that results in damage to property, other than the aircraft, 

estimated to exceed $25,000 for repair (including materials and labor) or fair market value in the 

event of total loss, whichever is less and / or results in significant injury or death.

D. sUAS Registration, Markings and Requirements

All Fovea Aero Systems LLC sUASs will be registered and marked according to the following 

conditions and requirements.

(A) All sUASs to be operated by Fovea Aero Systems LLC will be maintained in condition for safe 

operation.

(B) The sUAs will be inspected prior to flight by the OIC to ensure that it is in a condition for safe 

operation.

(C) All sUASs to be operated by Fovea Aero Systems LLC for commercial operations will be 

registered with the FAA.

(D) All sUASs to be operated by Fovea Aero Systems LLC for commercial operations will be marked 

with an aircraft registration number according to 14 C.F.R. Part 45 or in the largest practicable 

manner taking into account the size and configuration of the aircraft. See Section VI, subsections 

B, C, D and E in this document.

V. Public Benefit and Public Interest

Currently, aerial power line inspections are performed via helicopter or, occasionally, via fixed-winged 

aircraft. The aircraft are typically flown at low altitude and in relative close proximity to the power 

line, structures or components. The use of an sUAS rather than a manned aircraft in such applications 

will further the public interest in several areas including but not limited to the following:

• The sUAS carries no passengers, pilot or crew, thereby increasing pilot, passenger and worker 

safety.

• The sUAS can often eliminate the need for a worker to climb a tower or pole in order to inspect 

components thereby increasing worker safety.

• The sUAS carries no flammable fuel thereby increasing safety to the general public.

• The sUAS has a lower noise signature than a typical helicopter thereby improving public welfare.

• The sUAS has no emissions thereby reducing the environment impact over traditional manned 

aircraft.

• The sUAS is less expensive to operate than a traditional manned aircraft thereby decreasing the 

cost of power line inspection. This allows utility companies to inspect their infrastructure more 

frequently, more thoroughly and at a potential discount thereby increase public welfare.
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• The sUAS is less expensive to acquire than a manned aircraft thereby allowing for more inspection 

crews to operate concurrently. This can result in better-maintained infrastructure and more reliable 

power distribution for the public.

• The sUAS may respond to natural disasters and storm-related damage quicker than mannedaircraft. This results in faster power restoration and lower outage time for the public.

VI. Discussion of Requested FAR Exemptions

Fovea Aero Systems LLC seeks an exemption from the following regulations including provisions of 

Part 21, 45, 61 and 91 for the purposes of conduction the operations described herein. Presented here 

are the specific FAR sections for which exemption is requested and the methods and safeguards by 

which Fovea Aero Systems LLC will ensure a level of safety equivalent to exceeding the regulations 

from which exemption is sought. See 14 C.F.R. § 11.81(e).

A. 14 C.F.R. Part 21, Subpart H – Airworthiness certificates.

Section 91.203(a)(1) requires civil aircraft to have “an appropriate and current airworthiness certificate.” 

Part 21, Subpart H (“Airworthiness Certificates”) establishes the procedural requirements and 

applicability for the issuance of airworthiness certificates as directed by 14 C.F.R. § 91.203(a)(1).

Equivalent level of safety: The sUASs operated will be have a gross weight less than 55 lbs. and will be 

flown at speeds less than 87 knots (100 mph). They do not carry a pilot or passengers, do not carry 

flammable fuels and will be operated in well-defined locations using an operator and, if deemed required

by Fovea Aero Systems LLC, a visual observer(s). All operations will be conducted in compliance with 

the limitations and conditions stated in this petition for exemption. The Federal Aviation Act and 

Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement of an 

airworthiness certificate upon consideration of the sUASs’ size, weight, speed, operational capability and 

proximity to airports and populated areas.

The characteristics and conditions under which the sUASs will be operated, as outlined in this petition,

given the size, weight, speed, operation capability and proximity to airports and populated areas, achieve

or exceed the equivalent level of safety over a manned aircraft with an airworthiness certificate used for 

the purposes outlined in this petition.

The FAA will have advance notice of all operations through the filing of Certificates of Waiver or 

Authorizations (COA) and, if deemed required by the FAA, the filing of Notices to Airman (NOTAMS) 

not more than 72 hours, but not less than 48 hours, prior to conducting operations under this grant of 

exemption.

The FAA has stated that no exemption is required from this section if a finding is made under the 

Reform Act that an sUAS provides an equivalent level of safety when compared to aircraft normally 

used for the same application. See granted exemptions 11138, 11062, 11067, 11080, 11114 and 11112.
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B. 14 C.F.R § 45.23 (b) – Display of marks; general.

Regulation 14 C.F.R. § 45.32 (b) states: “...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.”

Equivalent level of safety: These sUAS does not have a “cabin, cockpit or pilot station entrance” therefore 

the required marks cannot be displayed “near each entrance.” Additionally, letters not less than 2 inches 

nor more than 6 inches may not be practical given the small size of the sUAS. If the sUAS is too small 

to display markings in the size described in regulation § 45.23 (b), then markings will be displayed in 

the largest practicable manner.

C. 14 C.F.R. § 45.25 – Location of marks on fixed winged aircraft.

Regulation 14 C.F.R. 45.25 describes the marking requirements on fixed winged aircraft. It states that 

the aircraft, “...must display the required marks on either the vertical tail surfaces or the sides of the 

fuselage...”. It continues to describe the specific locations on which marks may be displayed.

Equivalent level of safety: An sUAS does not carry a pilot or passengers, does not have a cabin and may 

have a design that is significantly different than traditional manned aircraft. As such, the markings 

requirements of 14 C.F.R. § 45.25 may not be feasible given the design and layout of the aircraft. To 

provide an equivalent level of safety, the sUAS will display required markings on conspicuous locations 

of the aircraft.

D. 14 C.F.R. § 45.27 (a) – Location of marks; nonfixed-wing aircraft.

Regulation 14 C.F.R. 45.27 (a) states: “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.”

Equivalent level of safety: An sUAS does not carry a pilot or passengers, does not have a cabin and may 

have a design that is significantly different than traditional manned aircraft. As such, the markings 

requirements of 14 C.F.R. § 45.25 may not be feasible given the design and layout of the aircraft. To 

provide an equivalent level of safety, the sUAS will display required markings on conspicuous locations 

of the aircraft.

E. 14 C.F.R. § 45.29 – Size of marks.

Regulation 14 C.F.R. 45.29 describes the required size of marks and the characteristic of lettering for 

aircraft. In many cases it dictates that marks must be at least 12 inches high.

Equivalent level of safety: An sUAS is, by definition, significantly smaller and may have a design and 

layout significantly different than traditional manned aircraft. As such, the size and layout of markings 

as stated in 14 C.F.R. § 45.29 may not be feasible due to the inherent characteristics of sUASs. To 

provide an equivalent level of safety, the sUAS will display required markings on conspicuous locations 

of the aircraft. If the aircraft is too small to display markings in standard size, then the aircraft will

display markings in the largest practicable manner.
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F. 14 C.F.R § 61.113 (a) & (b) and 14 C.F.R. § 61.133 (a) - Private pilot privileges and 

limitations; pilot in command; commercial pilot privileges and limitations.

Regulation 14 C.F.R. § 61.113 restricts private pilots from flying aircraft for compensation or hire and 

would require a second class medical certificate. Regulation 14 C.F.R. § 61.133 requires a pilot to hold a 

commercial pilot’s license when acting as pilot in command of an aircraft used for compensation or hire. 

This is intended to ensure that the skill and competency of any PIC matches the airspace in which the 

PIC will be operating, as well as requiring certifications if the pilot is carry passengers or cargo for hire.

Equivalent level of safety: Fovea Aero Systems LLC sUASs will be operated as part of a commercial 

operation, however they do not carry passengers or cargo. Additionally, they remain below 500 feet 

AGL, are operated at less than 87 knots (100 mph), will not be operated over non-participating 

individuals, are under 55 lbs. and do not carry flammable fuel. In FAA Docket No. FAA-2014-0352, the 

FAA determined that sUAS operations did not warrant the additional cost and restrictions imposed by 

requiring the operator to have a commercial pilot certificate and class II medical certificate.

Fovea Aero Systems LLC’s operators will posses at least a private pilot certificate and a valid class III 

medical certificate. Additionally, the operators will attend sUAS specific training either at a third party 

location or through a custom designed in-house program specifically tailored to Fovea Aero Systems 

LLC’s operations, sUASs and operating environment. This program will be developed using input and 

guidance from currently operating sUAS training programs and will follow industry standard processes 

and procedures. The program will consist of industry standard ground based and hands on training in a 

controlled flight environment.

Section 333 also requires operations to not pose a threat to national security. The security screening 

conducted by the Transportation Security Administration (“TSA”) of certificated airmen satisfies this 

requirement and applies to all Fovea Aero Systems LLC’s operators.

Using these processes, procedures and restrictions, the level of safety of sUAS operations for the uses as 

outlined herein is equivalent to or significantly exceed those as regulated by §61.113 and §61.133.

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

The regulations states: “No person may operate a civil aircraft unless it is in airworthy condition.”

Equivalent level of safety: The FAA has stated that no exemption is required to the extent that the 

requirements of Part 21 are waived or found inapplicable. Fovea Aero Systems LLC requests that the 

requirements for § 91.7 be treated in accordance with FAR Part 21 Subpart H. Additionally, Fovea 

Aero Systems LLC operators will inspect the aircraft prior to flight in order to ensure it is in a condition 

that is safe for flight. See granted exemption 11062.

H. 14 C.F.R. § 91.9 (b)(2) & (c) – Approved flight manual in the aircraft.

Regulation 14 C.F.R. § 91.9 (b)(2) states: “No person may operate a U.S.-registered civil aircraft ... 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.”
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Regulation 14 C.F.R. § 91.9 (c) states: “No person may operate a U.S.-registered civil aircraft unless that 

aircraft is identified in accordance with part 45 of this chapter.”

Equivalent level of safety: Fovea Aero Systems LLC requests an exemption from this regulation in part as 

outlined in the request for exemption from regulation 14 C.F.R. § 91.203 (a) and (b). An equivalent 

level of safety will be achieved by maintaining the proper documentation at the location of the Ground 

Control Station readily available to the operator. This includes the sUAS operation manual as provided 

by the manufacturer or equivalent documents as created by Fovea Aero Systems LLC.

Additionally, the FAA, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, 

the UAS flight manual, registration certificate and other documentation will be kept at the control 

station with the operator during flight. The Chief Counsel’s Office has held that for all UAS operations, 

this alternate method constitutes full compliance with the regulations. See granted exemption 11062.

I. 14 C.F.R. § 91.103 – Preflight action.

14 C.F.R. § 91.103 requires the PIC to become familiar with specific information before each flight, 

including information contained in the FAA-approved Flight Manual on board the aircraft.

Equivalent level of safety: The sUAS does not have a Flight Manual on board because of its inherent 

design and lack of on board pilot. The operator will review information prior to flight to maintain the 

safety of the operation, including but not limited to, the weather, battery levels, landing and takeoff 

distances and aircraft performance data. The operator will refer to the manufacturer supplied sUAS 

manual for technical data and information as provided. The manual will be kept at the ground station 

during operations.

The FAA has stated that no exemption is required (see Grant of Exemption No. 11062, p. 20) however, 

an exemption is requested to the extent that an FAA-approved Flight Manual is required.

J. 14 C.F.R. § 91.105 - Flight crewmembers at stations.

This section contains requirements for crewmembers during takeoff and landing of the aircraft. The 

regulation requires crewmembers to be at the crewmember’s station unless absence is necessary to 

perform their duties. It also requires crewmembers to keep safety belt(s), including their shoulder 

harness if so equipped, fastened.

sUASs do not carry pilots or passengers and therefore do not have a “crewmember station.” However 

sUASs do have a Ground Control Station from which an operator controls the aircraft via radio signals. 

The Ground Control Station may be at a fixed location or may be movable. However, because it is not a 

physical part of the aircraft, the Ground Control Station may not have a seat(s) and does not utilize 

safety belts.

Visual observers, when deemed necessary by Fovea Aero Systems LLC, may be at various locations in 

the vicinity of the flight operations area in order to provide the best line of sight view of the sUAS 

during flight. The visual observers may or may not be at a fixed location and may or may not utilize a 

seat. The seat will not be equipped with safety belts.
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Equivalent level of safety: The sUAS operator will remain at the Ground Control Station where the 

control of the aircraft takes place for the duration of the flight. Visual observers, when deemed 

necessary by Fovea Aero Systems LLC, will be positioned in the flight operations area according to the 

operator’s determination of the optimal viewing area given the planned flight. The use of safety belts is 

not feasible because the crewmember stations are not physically a part of the aircraft and are not in 

motion.

K. 14 C.F.R. § 91.109 (a) – Flight instruction.

14 C.F.R. § 91.109 (a) states that, “No person my operate a civil aircraft (except a manned free balloon) 

that is being used for flight instruction unless that aircraft has fully functioning dual controls.” sUASs 

do not have functioning dual controls by design. They are piloted using a Flight Control System / 

Ground Control Station that communicates with the aircraft via radio signals.

Equivalent level of safety: During flight instruction, there are no pilots or passengers on the aircraft and 

the Ground Control Station will be a safe distance from the aircraft. The aircraft will remain a safe 

distance from non-participating individuals causing no safety hazard.

Given the size and speed of the sUAS, an equivalent level of safe training can be performed without dual 

controls because no pilot or passengers are aboard the aircraft and it is a safe distance from the public

and structures.

The FAA has previously approved exemptions for flight training without dual controls for a number of 

aircraft. See Granted Exemptions: 11109, 11138 and 11110.

L. 14 C.F.R. § 91.119 – Minimum safe altitudes.

14 C.F.R. § 91.119 prescribes that an aircraft may not be operated closer than 500 feet to any person, 

vessel, vehicle or structure. The nature of the operations described herein may require operation in 

relatively close proximity to items such as power line towers or poles. However, operations will not be 

conducted over non-participating individuals.

Equivalent level of safety: The sUASs operated by Fovea Aero Systems LLC are far smaller than manned 

aircraft, such as rotorcraft and fixed winged aircraft, used for similar operations. Additionally, the 

sUASs do not carry a pilot or passengers, weigh less than 55 lbs., do not carry flammable fuel, will not 

exceed 87 knots (100 mph) and will not be operated over non-participating persons. The sUASs will be 

operated below 500 feet AGL with the use of an operator and, if determined to be required by Fovea 

Aero Systems LLC, a visual observer(s) to avoid risk to aircraft, persons and property. This provides an 

equivalent or greater level of safety than achieved with conventional aircraft currently performing 

similar operations.

See Granted Exemptions: 4063, 11138, 11136, 11112, 11110, 11109, 11080, 11066, 11063, 11062 and 

11067.
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M. 14 C.F.R. § 91.121 – Altimeter settings.

14 C.F.R. § 91.121 requires an aircraft to be operated by reference to an altimeter that is set to the 

elevation of the departure airport or barometric pressure when operating below 18,000 feel MSL. Some 

sUAS contain a barometric pressure sensor. Others utilize GPS sensors to determine altitude. 

Typically barometric pressure sensors are corrected to the point of takeoff; not a departure airport.

Equivalent level of safety: The operator will confirm the elevation of the launch site prior to launch. This 

will be compared to the GPS sensor or barometric sensor derived altitude as displayed on the sUAS 

telemetry reading at the Ground Control Station. The operator will then determine the maximum 

permissible altitude to maintain flight below 500 feet AGL and will not exceed this altitude. The 

maximum permissible altitude will also be monitored and estimated by visual means through the use of 

the operator and / or visual observer(s) as a secondary backup to sUAS telemetry data. This provides a 

level a safety equal to or exceeding the regulation.

See Granted Exemptions: 11153, 11150, 11138, 11136 and 11159.

N. 14 C.F.R. § 91.151 (a)(1) & (b) – Fuel requirements for flight in VFR conditions.

14 C.F.R. § 91.151 (a) (1) states: “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...”

14 C.F.R. § 91.151 (b) states: “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.”

The sUAS will be operated only during daylight hours in VFR conditions. The technical limitations of 

most sUASs limit total flight time to approximately 30 minutes before the battery is depleted. This 

means that no meaningful flight time would be possible given the limitations of § 91.151 (a) (1) and (b). 

Equivalent level of safety: The sUAS flight will be terminated with at least 20% reserve power. This 

allows the sUAS to return to its landing zone with adequate power remaining to conduct a safe and 

controlled landing. Given the sUAS’s size, weight and speed, the sUAS when operated with this 

limitation provides an equivalent or greater level of safety than manned aircraft represented by this 

regulation.

See Granted Exemptions: 2689F, 5745, 10673, 10808, 11138, 11136, 11112, 10650 and 10159.

O. 14 C.F.R. § 91.203 (a) & (b) – Carry civil aircraft certification and registration.

The regulation states: (a) “...no person may operate a civil aircraft unless it has ... an appropriate and 

current airworthiness certificate.” Furthermore: (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.”
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Equivalent level of safety: In regard to 14 C.F.R. § 91.203 Part (a), an equivalent level of safety is achieved 

through the methods and characteristics as outlined in the request for exemption from 14 C.F.R. Part 

21, Subpart H.

In regard to 14 C.F.R. § 91.203 Part (b), the sUAS does not carry a pilot or passengers, does not have a 

“cabin or cockpit entrance” and does not have onboard storage in which to carry certification and 

registration documents. An equivalent level of safety will be achieved by maintaining the proper 

documentation at the Ground Control Station readily available to the operator. The FAA has issued 

numerous exemptions to this regulation. See granted exemptions 9565A, 9565B, 9789, 9789A, 9797, 

9797A, 9816A and 9816.

Additionally, the FAA, in accordance with FAA Office of Chief Counsel’s Opinion dated August 8, 2014, 

the UAS flight manual, registration certificate and other documentation will be kept at the control 

station with the operator during flight. The Chief Counsel’s Office has held that for all UAS operations, 

this alternate method constitutes full compliance with the regulations. See granted exemption 11062.

P. 14 C.F.R. §§ 91.405 (a), 91.407 (a)(l), 91.409 (a)(2), 91.417 (a) & (b) – Maintenance 

inspections.

The regulations 14 C.F.R. §§ 91.405 (a), 91.407 (a)(1), 91.409 (a)(2) and 91.417 (a) & (b) specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. Specifically, 14 C.F.R. § 91.405 

(a) requires that each owner or operator of an aircraft, “...[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspection ... have discrepancies repaired 

as prescribed in part 43 of this chapter.” An exemption is required from these regulations because Part 

43 and these sections apply only to aircraft with an airworthiness certificate, which the sUASs will not 

have.

Equivalent level of safety: The sUASs will be maintained and inspected in accordance with the 

manufacturer-supplied manual. This includes maintenance, overhaul, replacement and inspection 

requirements for the sUASs. The operator, prior to the first flight of the day and as deemed necessary

otherwise, will undertake preflight inspection procedures in order to ensure the sUAS is in a condition 

for safe operation. Discrepancies that may affect the safety of flight will be addressed and repaired if 

required. The operator, and Fovea Aero Systems LLC, will maintain the sUASs in a condition for safe 

operation. Given the size, characteristics and operating limitations of sUASs as described herein, this 

provides a level of safety equivalent to or greater than manned aircraft performing similar operations.