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November 22, 2015

Aron C. Bechiom, Jr. 

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request under Section 333 of the FAA Modernization and Reform Act

and 14 C.F.R. Part 11

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, Aron C. Bechiom, Jr. (Petitioner), seeks an exemption from the Federal 

Aviation Regulations (FARs) listed and discussed in Appendix A in order to allow for

Commercial, Research, and Volunteer operations of small Unmanned Aircraft System (sUAS) 

under the conditions and limitations set forth in this application for Petition.

The requested exemption would permit the Petitioner to safely, efficiently and economically use 

commercially purchased and/or purpose- designed sUAS within the National Airspace System 

(NAS) for operations conducted within and under the conditions outlined in this Petition or as 

established by the FAA as required by Section 333.

The requested exemption would authorize the Petitioner to perform commercial, research, and 

volunteer assistance operations with UAS that will provide the following benefits to the public:

・ Public, Private, and Commercial research and Contract Commercial Use of UAS to acquire 

aerial imagery and data collection in support of precision agricultural, natural resource 

monitoring, Wind Farm inspections, Wind Turbine tower and blade inspections, Vertical 

Structure inspections, Coastal Erosion surveying, Flood Zone monitoring, Homeowner and Real 

Estate Insurance investigation, Property Security land survey, contract university scientific 

research, Disaster Damage Assessment- both natural and man-made, Federal, State and Local 

government Emergency Management and Law Enforcement assistance. 

・ Application of UAS shall reduce risk, both direct and indirect, in areas where terrain or subject 

matter is inaccessible, inhospitable, hazardous and unsafe to enter, or may cause undue injury or 

loss of life.

・ UAS operations at low altitudes (< 400 ft. AGL) provide high resolution imagery that cannot 

be acquired with manned aircraft without compromising safety and adding excessive levels of 

risk to life and property. Special exemption/modification to the <400’ AGL restriction requested 
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in the performance of Vertical Structure, Wind Farm site, and Wind Turbine and Blade 

inspection operations. 

・ UAS options for collecting imagery and data result in increased efficiencies that directly 

influence and benefit agriculture, natural resources, and scientific research and monitoring.

・ Research use of UAS can obtain data products which will directly influence and improve 

efficiencies within several applications. This has the potential of enhancing productivity while 

providing benefits to research, industry, and the general public.

 

 STATEMENT OF BACKGROUND AND PUBLIC BENEFIT

With the vast amount of open farmland in the coastal region of northeast North Carolina,

Petitioner will provide public benefit in many forms, to many industries and entities. For 

instance, a 22,000 acre wind farm initially planned for 104 turbines is currently under 

construction in northeast North Carolina. Wind turbines will be in constant need of inspections. 

Such inspections are to prevent catastrophic blade failures. Fatigue cracks, lighting damage, and 

composite delamination are all warning signs that are revealed during inspections. At heights 

reaching 600 feet AGL, a UAS is not only safer, but highly efficient in terms of man-hours.

If proposed exemption is approved, the Petitioner further intends to acquire and provide aerial 

imagery and data solutions in support and monitoring studies as they apply to natural resource 

based and precision production agricultural activities. These shall include cropland observations, 

invasive species monitoring, geologic and geomorphic surveys, forestry and rangeland health.

The application of UAS in these instances have the ability to produce valuable and sustainable 

data products enhancing industry and public land operations. These products will provide 

definitive results for improving precision agriculture understanding and natural resource based 

activities. In time, the specific benefits will provide increased crop harvest quality and quantity

throughout growing areas where prudent water use and irrigation are required.

Petitioner holds a current FAA Private Pilot license and a Class II medical. Petitioner is also a 

former military UAS mission pilot and C-130 Navigator. Petitioner holds a Certificate of 

Completion in Professional Education course on Unmanned Aircraft Systems from EmbryRiddle Aeronautical University. Petitioner also holds a Certificate of Completion in Small UAS 

Safety Awareness Course from Unmanned Safety Institute. Petitioner will perform all mission 

planning, site safety evaluation, and flight operations. UAS will include the necessary sensor 

package for the mission. Data and imagery acquired will be analyzed and assemble into a final 

product. This deliverable will include geospatial products derived from post-processing 

techniques of the acquired data and imagery. Such data will be disseminated for further research, 

journal publications, and for the customer.

Due to the limited size, speed, weight, and nature of the commercial and research operations, to 

include the geographical locations away from populated areas, flight operations pose minimal 

risk, if any, to persons or property.
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The name and address of the Petitioner is:

Aron Bechiom

Telephone: (252) 455 - 2704

Email: autooptx@gmail.com

Address: 915 Third St.

 Elizabeth City, NC 27909

 

 

 QUALIFICATION FOR APPROVAL 

 UNDER SECTION 333 OF THE REFORM ACT

The UAS operations proposed in this application of petition for exemptions qualify for expedited 

approval under Section 333 of the Reform Act. This petition outlines how each statutory

criterion as well as other potentially relevant factors are satisfied.

The proposed operations would permit the use of small UAS within the National Airspace 

System (NAS) under controlled operational conditions. In many cases, these criteria outlined 

below will equal or exceed a level of safety that could not be achieved using manned fixed wing 

or rotor aircraft in order to accomplish the same purposes.

Petitioner is proposing to operate rotorcraft UAS. Each UAS, including payload weighs less than 

10 lbs., and always less than 55 lbs. Operations would occur under visual meteorological 

conditions (VMC) at speeds less than 50 knots. UAS are primarily constructed of foam, 

aluminum, carbon fiber and plastic materials. Operations will be performed by qualified UAS 

Pilots (PIC) and Visual Observers (VO), in order to ensure that UAS will "not create a hazard to 

users of the national airspace system or the public." Given the small sizes of the UAS, the preplanned operation locations, flight paths, and the required VFR flight conditions, the Petitioner

believes that these operations fall directly within or exceed the required level of safety. Under the 

Reform Act, Congress has endorsed through exemption that the FAA will allow commercial 

operations of UAS to commence immediately if an appropriate level of safety is achieved or 

exceeded. The Petitioner believes an “equivalent level of safety” or greater will be achieved by 

the proposed outlined operations. It is also determined that due to the dimensions, materials, light 

weight and low kinetic energy of the UAS, remote operational sites, and the VFR conditions in 

which UAS flights will take place, approval of this application of petition presents no threat to 

national security. The operation of UAS under these conditions will serve to guarantee pilot,
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public and property safety while adding tangible benefits to industry, the economy, scientific 

research, and the general public.

Petitioner, acting as UAS Pilot in Command (PIC) and Visual Observer (VO) agree to the 

requirements and constraints of these limitations and conditions for conducting commercial 

operations within the National Airspace under an FAA issued exemption:

Pertaining to UAS

・ UAS will weigh typically less than 25 lbs., and always less than 55 lbs.

・ UAS will operate typically at a maximum speed of no greater than 50 knots, and always less 

than 87 knots.

・ UAS will operate at or below 400ft AGL. Special consideration to pre amend 400’ AGL 

restriction to operate no higher than 100’ feet above tall structures, when structure or parts 

thereof, already exceed the 400’AGL ceiling.

・ UAS shall not be operated within 5 miles of an airport without prior approval of, and 

establishing a line of communication for the duration of the flight operations with the controlling 

authority of that airspace/airport.

・ UAS will be operated within visual line of sight (VLOS) of the PIC and VO(s).

・ UAS will follow pre-determined flight paths over the mission area conducted via automated 

navigational flight software.

・ UAS will be operated under visibility and cloud clearance requirements equivalent to Visual 

Flight Rules (VFR).

・ UAS will be equipped with an autopilot system. UAS will utilize GPS navigation, systematic 

pre-flight checks, and failover safety mechanisms as return-to-home (RTH), auto-land, loiter and 

flight abort safety features.

Pertaining to Pilots, Visual Observer(s) and Ground Control Station crew

・ Minimum crew for each operation will consist of the UAS Pilot in Command (PIC), Visual 

Observer/s (VO) and/or Ground Control Station (GCS) crew.

・ The UAS pilot will be considered the Pilot in Command (PIC) and be responsible for 

conducting safe flight operations.

・ PIC, VO(s) and/or GCS crew will have communications established in advance of any flight 

operations.

・ A briefing will be conducted in regard to the planned UAS flights prior to operation at each 

new location. All personnel who will be performing duties within the boundaries of the area of 

operation will be present for this briefing.

・ The UAS pilot will be trained for the safe operation of the UA to be operated. This will 

include operation of the UAS in normal and emergency procedures and will include 

familiarization with the flight manual (or similar) furnished by the UAS manufacturer. Training 

will also include basic flight maneuvers, navigational awareness, emergency procedures, loss of 

uplink, loss of downlink, loss of GPS and safe flight operations in the vicinity of persons, 

property and applicable airspace.
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Pertaining to Flight Operations

・ Risk assessment evaluation for safe site operations and flight conditions before each mission.

・ Prior to a UAS flight, an area of operation will be established. This area of operation will 

include a defined lateral and vertical area, where the UAS will operate. Safety procedures will be 

established for persons, property and applicable airspace within the area of operation.

・ Flights will be operated in Class G airspace whenever possible. If operation in other airspace is 

required, the appropriate controlling authority will be notified at least 24 hours prior to the 

operation and, if required, any necessary permission obtained.

・ See and avoid: If at any time the operator see or hears another aircraft and it appears that 

aircraft may come within one (1) mile of the UAS, or it is questionable whether or not it will do 

so, the PIC shall immediately descend the UAS and direct it on a heading toward the designated 

landing area, or alternate landing area if necessary, until the UAS has landed or it is determined

the other aircraft has maintained a separation of one (1) mile.

・ The UAS shall operate from on-site launch/landing locations directly next to the PIC and GCS 

crew. Non-essential flight operation personnel will be at an appropriate distance away or a 

minimum of 100 ft from the operation unless barriers or structures are in place which may

sufficiently protect non-participating persons in case of UAS emergency.

・ Flight planning will include flight completion with at least 25% battery power remaining as 

measured by the UAS or appropriate flight time planning.

・ A Ground Control Station (GCS) will be connected by radio communication to the UAS 

during the entire flight operation. Flight information relayed to the PIC will include UAS GPS 

position, altitude, speed, compass heading/bearing, aircraft angle of attack, flight time, battery

power remaining, and other telemetry information.

・ Documented (written/fax/email) or recorded verbal permission from property owners or land 

management agency will be obtained prior to an operation. 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.

In summary, it is the Petitioner's belief that the size, weight, low kinetic energy, speed, remote 

operating environment, Petitioner-imposed restrictions, and operating capabilities of each UAS 

will provide an "equivalent level of safety" or better when operating for commercial and/or 

public benefit as outlined in Section 333 of the Reform Act. Petitioner appreciates the time and

consideration devoted to this request for exemption to permit safe and legal UAS operations 

within the NAS.

Respectfully,

Aron C. Bechiom, Jr.

Telephone: (252) 455 - 2704

Email: autooptx@gmail.com

Address: 915 Third St.

 Elizabeth City, NC 27909
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 EXEMPTION IS REQUESTED FROM THE FOLLOWING REGULATIONS:

14 C.F.R. Part 21 .................................................................................... Page 8

14 C.F.R. Part 27 ................................................................................. ....Page 8

14 C.F.R. 91.203(a) & (b) .......................................................................... Page 8

14 C.F.R. 45.23(b) ................................................................................... Page 10

14 C.F.R. 45.27(a) ................................................................................... Page 10

14 C.F.R. 91.7(a) .................................................................................... Page 9

14 C.F.R. 91.9(b)(2) & (c) ..........................................................................Page 9

14 C.F.R. 61 ..........................................................................................Page 11

14 C.F.R. 61.3 ....................................................................................... Page 11

14 C.F.R. 61.113(a) & (b) ...........................................................................Page 12

14 C.F.R. 61.133(a) ................................................................................. Page 12

14 C.F.R. 91.103 .................................................................................... Page 13

14 C.F.R. 91.109(a) ................................................................................. Page 14

14 C.F.R. 91.119(c) .................................................................................. Page 14

14 C.F.R. 91.121 .................................................................................... Page 15

14 C.F.R. 91.151(a) ............................................................ .....................Page 15

14 C.F.R. 91.405(a) ................................................................................. Page 16

14 C.F.R. 91.407(a)(1) ..............................................................................Page 16

14 C.F.R. 91.409(a)(2) .............................................................................. Page 16

14 C.F.R. 91.417(a) ..................................................................................Page 16

Appendix A discusses each rule listed above and explains why exemptions pursuant to the proposal set forth in this 

letter are appropriate while providing an equivalent level of safety and consider the public interest.

 

 
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 GLOSSARY OF TERMINOLOGY

 

AGL Above Ground Level

 CFR Code of Federal Regulations

 

 COA Certificate of Authorization

 FAA Federal Aviation Administration

 GPS Global Positioning System

 GCS Ground Control Station

 NAS National Airspace System

 NOTAM Notice to Airmen

 OJT On the Job Training

 PIC Pilot in Command

 VFR Visual Flight Rules

 VLOS Visual Line of Sight

 VMC Visual Meteorological Conditions 

 VO Visual Observe

 

 UAS Unmanned Aircraft System

 SOP Standard Operating Procedures

 
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 APPENDIX A

 

 EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

The Petitioner requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of UAS:

14 CFR PART 21, SUBPART H: Airworthiness Certificates

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

certificate.” Part 21, Subpart H, entitled Airworthiness Certificates, establishes the applicability

and the procedural requirements for the issuance of airworthiness certificates as required by FAR 

§ 91.203(a)(1).

With the size of the UAS (typically less than 25 lbs., and always less than 55 lbs.) and the limited 

flight operation areas, it is unnecessary to undergo the certificate of airworthiness process under 

Part 21 Subpart H to achieve or exceed current levels of safety.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. 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 of 

the UAS involved upon consideration of the size, weight, speed, operational capability, and 

proximity to airports and populated areas. These outlined conditions all apply to the UAS 

considered in this proposed exemption, therefore an airworthiness certificate is not applicable.

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 11138, 11062, 11067, 11080, 11114, and 11112.

14 CFR Part 27–Airworthiness Standards: Normal Category Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal 

category rotorcraft to the extent petitioner’s UAS would otherwise require certification under 

Part 27. Petitioner seeks exemption for the same reasons identified in the request for exemption 

from 14 CFR Part 21, Subpart H.

14 CFR § 91.203 (A) & (B): Carrying Civil Aircraft Certification And Registration

This regulation provides as follows:

(a)“... no person may operate a civil aircraft unless it has ... an appropriate and current 

airworthiness certificate.”
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(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.”

The UAS with a full capacity payload weighs no more than 25lbs, and always less than 55 lbs. 

Due to the small size there is no open cabin or cockpit. There is no space, or onboard storage 

place located in/on the UAS in which to carry certification and registration documents. An 

equivalent level of safety will be achieved by keeping proper documentation at the location of 

the Ground Control Station where the PIC, VO or GS crew and others working with the UAS 

will have readily available access to them. 

The FAA has issued the following exemptions to this regulation;

Exemption Nos. 9565A, 9565B, 9789, 9789A, 9797, 9797A, 9816A, and 9816.

Further examination of §91.203 (a) & (b) conditions lends that UAS operated without an 

airworthiness certificate, under the conditions proposed in this petition, will achieve the 

equivalent level of safety or better, than a conventional manned aircraft (fixed wing or rotorcraft) 

with an airworthiness certificate for the purposes outlined in this application. The UAS will not 

carry a pilot or passenger, will not carry flammable fuel, and will operate only within small welldefined locations. All operations will be in compliance with the limitations and conditions stated 

in this application for petition. The FAA will have advance notice of all operations through the 

filing of Certificates of Waiver or Authorizations (COA) and Notices to Airman (NOTAMS) not 

more than 72 hours in advance, but not less than 48 hours prior to conducting any operations 

under this grant of exemption. In summary, the size of the aircraft, the lack of flammable fuel 

and the fact that the UAS is carried to the location, rather than flown to the site of operation, all 

create an equivalent level of safety. The UAS provides and even exceeds an equivalent level of 

safety when comparing low altitude operations conducted with conventional manned aircraft that 

would be carrying passengers, cargo, and flammable fuel.

14 CFR § 91.7(A): Civil Aircraft Airworthiness

This regulation requires that “no person may operate a civil aircraft unless it is in airworthy 

condition.” Should the exemption be granted allowing commercial operation of UAS without an 

airworthiness certificate, no standard will exist for airworthiness of the UAS. An equivalent level 

of safety will be achieved by ensuring compliance with the UAS standard operating procedures, 

flight operations manuals, and following established practices which utilize safety checklists, 

pre-flight checklists and regularly scheduled maintenance.

The FAA has issued the following exemptions to this regulation;

Exemption Nos.11159, 11157, 11153, 11150, 11138, 11136, 11109 and 11080.

14 CFR § 91.9 (B)(2): Civil Aircraft Flight Manual In The Aircraft

This regulation provides guidance for aircraft flight manuals. (b)”No person may operate a U.S.-

registered civil aircraft ... (2) “For which an Airplane or Rotorcraft Flight Manual is not 

required by §21.5 of this chapter, unless there is available in the aircraft a current approved 

airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or 

any combination thereof.”
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The UAS is small in size and there is no cabin or cockpit entrance to the UAS. There is no 

onboard pilot, passenger(s) or crew. Due to the small size, configuration with no cockpit or cabin 

for a pilot, passengers or crew, there is no room or capacity onboard to carry a flight manual. The 

equivalent level of safety will be achieved by keeping the flight manual(s) and standard 

operating procedures at the Ground Control Station where the pilot in command and GCS crew 

flying the UAS will have readily available access to it.

Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not 

adversely affected when the approved Aircraft Flight Manual is kept at the Ground Control 

Station of a UAS, where it can be immediately accessed by the pilot in command. Section 

91.9(b) “requires aircraft to carry the flight manual so the pilot would have ready access to the 

aircraft limitations while in flight.” However, the FAA has also determined that UAS will

always be operated without any passengers or crew onboard, and that “requiring these specialuse aircraft [UAS] to carry superfluous paper documents may present a safety hazard to the 

integrity of the [UAS].”

The FAA has issued the following exemptions to this regulation;

Exemption Nos.. 8607, 8737, 8738, 9299, 9299A, 9564, 9564B, 9720, 10167, 10167A, 11112, 

11114, and 11138.

14 CFR § 45.23, 45.27 & 91.9(C): Marking Of The Aircraft

Regulation 45.23 states (a) “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. Each suffix letter used in the marks displayed must also be a 

Roman capital letter.” 

(b) When marks include only the Roman capital letter “N” and the registration number is 

displayed on limited, restricted or light-sport category aircraft or experimental or provisionally 

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

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

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

Regulation 91.9(c) provides: “No person may operate a U.S.-registered civil aircraft unless that 

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

UAS does not have entrance to a cabin, cockpit, or pilot station on which markings can be 

placed. The small size of the UAS prevents marking the UAS with two-inch lettering. Official 

marking systems for UAS have not yet been established for operations inside the NAS. However, 

the Petitioner is prepared to mark the UAS with appropriate sized markings for the UAS. This 

can include identification as the name of the organization, its location of origin and aircraft serial 

numbers. The UAS Ground Control Station will also have proper marking § 45.29(f) where the 

Pilot, Visual Observer(s), and others working with the UAS will see the identification of the 

UAS and GCS.

The FAA has issued the following exemptions to this regulation;

Exemption Nos.8738, 10167, 10167A and 11112, 11136, 11109, and 11062.
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14 C.F.R. § 45.27(a), Rotorcraft, 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. 

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft "have identification (N-Number) markings in 

accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable."

FAA Docket No. FAA-2014-0352

14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges And 

Limitations

Petitioner will require its PICs to hold a valid FAA issued Airman’s Certificate and an FAA 

Medical Certificate. Accordingly, Petitioner seeks exemption from 14 CFR Part 61, including 14 

CFR § 61.3 to the extent that these regulations are interpreted as requiring an employee receiving 

UAS pilot instruction to have a private pilot's certificate. All employee instruction flights will be 

conducted under closely controlled environment, outside of navigable airspace and away from 

persons or property not involved in the instruction. In addition, the employee instruction flights 

will be conducted under the close supervision of Petitioner, who holds a valid FAA issued 

Private Pilot License. 

In addition, to the extent that Petitioner may employ persons with an FAA issued private pilot

license to operate its UAS, an exemption is also sought from 14 C.F.R § 61.113, which restricts 

private pilot certificate holders from flying aircraft for compensation or hire, and which would 

also require a second class medical certificate. The UAS’s carry neither passengers nor cargo. 

Moreover, in the Astraeus Aerial Grant of Exemption (FAA Docket No. FAA-2014-0352), the 

FAA determined that the unique characteristics of UAS operation outside of controlled airspace 

did not warrant the additional cost and restrictions attendant with requiring the PIC to have a 

Commercial Pilot Certificate and Class II Medical Certificate.

Petitioner will ensure an equivalent level of safety to the regulatory requirements of 14 C.F.R. 

Part 61, including 14 C.F.R. §§ 61.3 and 61.113 by following the safety procedures incorporated 

in the Petitioner’s to be developed UAS Ops/Flight Manuals. Specifically, the UAS Flight 

Mission Procedures and Training protocols will be developed as part of Petitioner’s UAS Flight 

Operations Manual, to include numerous conditions and limitations which ensure the proposed 

UAS operations can be conducted safely. These will include a minimum of a Class III Medical 

Certificate for all PIC’s, VO’s, and GCS, including OJT employees, along with a demonstration 

of proficiency through written/oral examination covering all flight operations.

In addition to these training and experience requirements, Petitioner will place additional 

restrictions on its proposed UAS operations to ensure an extra margin of safety. The UAS will 

only operate in a controlled and sterile area away from persons and property not involved in the 

operation. As a requirement to be included in the final copy of Petitioner’s UAS Ops/Flight 

Manuals, the PIC will maintain a 500 foot buffer from non-participating personnel, as well as 
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buildings, vessels and vehicles that are not part of the UAS operation being conducted. It will be 

flown based on VLOS at 400 feet AGL or below. Petitioner will also file a NOTAM with the 

appropriate ATC facility between 48 and 72 hours before the flight is to occur. Petitioner’s

intended UAS Ops/Flight Manuals will include within it; crew position qualification, currency, 

initial and recurrent training requirements for employees, to ensure that Petitioner’s UAS 

operators are competent and proficient in the UAS they are operating. Collectively, these 

procedures ensure that the proposed UAS operations can, and will, be conducted safely, 

efficiently, and professionally.

14 CFR § 61.113(A) & (B); 61.133(A): Private Pilot Privileges AND Limitations; Pilot In

Command; Commercial Pilot Privileges AND Limitations

Sections 61.113 (a) & (b) provide regulations for the limitation of private pilot privileges to noncommercial operations. Section 61.133(a) requires an individual to hold a commercial pilot’s 

license when acting as pilot in command of an aircraft used for compensation or hire. UAS will 

not carry a pilot or passengers. The proposed operations can achieve the equivalent level of 

safety by requiring the UAS PIC to undergo UAS flight instruction, hold at least a private pilot's 

license or other FAA recognized equivalent, rather than a commercial pilot's license to operate 

small UAS. Unlike a conventional aircraft which carries a pilot and passenger(s), UAS are 

remotely controlled with no souls on board. The area of operation is limited with flights not 

exceeding 400 feet in altitude and not out of visual line of sight. All flights are planned and 

coordinated in advance and will be monitored by both the PIC operator, Visual Observer(s) and 

Ground Control Station and will follow all requirements to ensure compliance with safety

regulations.

Further provisions will take into account the safety features and characteristics of the UAS. UAS 

navigational system and autopilot’s have a high degree of preset automated navigational control 

with built-in technical capabilities that will limit the ability for UAS to operate outside of the 

flight operations envelop. Automated features and advanced fly-safe controls consistently enable 

safe and reliable operation.

Flight safety is the deciding priority, no matter the flight operating environment or customer 

expectations / requests. Because there are no souls on board, UAS offer superior safety over 

manned aircraft in flying low altitude flights. UAS will operate with multiple built-in safety 

features-

・ UAS navigation and auto pilot system will fly a preset flight path autonomously or fly in 

manual override.

・ UAS flight software automatically and systematically scans for system anomalies while in 

flight. Detected issues are then handled with configurable preset automated response behavior 

such as return-to-home, loiter and auto-land functionality.

・ UAS has capability to auto detect loss of GPS link. If link is lost, a warning alarm is indicated 

and the UAS initiates an immediate landing.

・ If UAS detects a low battery, a warning alarm sounds and UAS will return to home and land.

・ If UAS loss of link to the Ground Control Station occurs the UAS will perform its preset 

response to the condition by performing an auto-land.
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・ UAS flight time and battery power charge/minutes are displayed at all times. UAS will return 

home and land automatically if user-configurable limits are reached or battery power reaches 

25%.

・ UAS have the ability to set up no-fly zones. These virtual boundaries will contain UAS flight

operations not allowing UAS to fly horizontally and/or vertically outside the pre-planned flight 

area.

・ UAS safety pre-flight checks and system status assessments prior to takeoff also include 

system self-calibration of flight sensors. If problems with flight sensors are detected the 

automated pre-flight phase will abort.

These safety features, characteristics and advanced controls can be learned through proper flight 

instruction and hands on UAS pilot training. With UAS pilot training, there is a reduction of risk 

associated with the operation of UAS. Risks are mitigated due to size, speed, weight, operational 

capabilities, safety features and advanced navigational controls. The level of risk associated with 

private pilot operations or commercial operations considered by Part 61 with conventional 

aircraft (fixed wing or rotorcraft) is considerably greater than that of UAS operations as defined 

by this petition. Therefore, an equivalent level of safety is exceeded over the current level of 

safety required under 14 C.F.R. § 61.113(a) & (b) § 61.133(a).

The FAA has issued the following exemptions to this regulation;

Exemption Nos.

11110, 11109, 11062, 11065, 11067, 11136 and 11138.

14 CFR § 91.103: Preflight Action

This regulation requires each pilot in command to take certain actions before flight to ensure the 

safety of the flight. As FAA approved flight manuals will not be provided for the UAS, an 

exemption will be needed. To provide for an equivalent level of safety the following protocols 

will be in effect. The Pilot in Command and Ground Control Station crew will take all actions 

including: systematic and comprehensive pre-flight checks, verify software and firmware 

updates, safety plan review, weather updates, briefing of flight plan operations, flight battery

power needs and requirements, aircraft performance data and landing/takeoff distances before 

proceeding with flight operations.

Summary of Pre-flight Checklist Items

・ Visual inspection of entire airframe

・ Visual inspections of fuselage, wings/rotor integrity

・ Run-up testing and battery power charge checks of all batteries (aerial vehicle, command 

station, radio transmitter)

・ Check altimeter is set to zero at UAS launch site/landing zones, check GPS altitude, location,

compass heading/bearing

・ Verify communication between PIC, VO(s) and/or GS crew

The failure of any portion of the pre-flight check will prevent take-off. Pre-flight checks which 

cannot be passed by the onboard flight system will be investigated and remedied by a qualified 
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person prior to each flight. This will be noted in the flight log for inclusion within the regular 

maintenance schedule.

 

14 CFR § 91.109(A): Flight Instruction

These regulations provide 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.

UAS are remotely piloted aircraft that do not, by their nature, have fully functional dual controls. 

Flight control is accomplished through the use of a remotely operated hand-held controller that 

communicates with the aircraft via radio telemetry. During flight instruction, UAS will be flown 

by both student and instructor using separate flight controllers simultaneously. If necessary for 

failover safety, the Ground Control Station can override and perform an immediate auto-land. 

However, during typical flight operations, flights are either manually flown, controlled on the fly 

by point and click navigational commands or with predetermined way points and flight paths. 

Pilot has the ability to override preset flight paths.

In summary, the equivalent level of safety is exceeded due to the fact that neither a pilot nor 

passenger(s) are onboard the UAS. In addition, the UA is small in size, slow in speed and flies at 

low altitudes. Other weight and material characteristics of the UA are also considered 

contributing factors for safety. With this the Petitioner believes that the previously outlined 

safety features provide for an increased level of safety over current regulations.

The FAA has approved exemptions for flight training without fully functional dual controls for a 

number of aircraft and for flight instruction in experimental aircraft.

The FAA has issued the following exemptions to this regulation;

Exemption Nos.

11109, 11138, 11110.

14 CFR § 91.119(C): Minimum Safe Altitude

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to 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.

Because aerial survey, monitoring, mapping, inspection or data collection work must be 

accomplished at relatively low altitudes and at altitudes preferably less than 400 feet AGL, an 

exemption from Section 91.119(c) is requested.
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The equivalent level of safety will be achieved given the size, weight, speed, and locations of 

flight operations areas. No flight operations will occur without the permission of the property

owner or land management entities. Advance notice to the property owner or land managing 

entities, will ensure the correct individuals will be notified of planned flight operations. In 

addition, small size, weight, and low speeds of UAS, contribute to very minimal hazards to 

persons, property, vessels, vehicles or structures. Autopilot features include a governor preset 

that will inhibit flights above 400 ft. AGL. Due to the extremely low altitude flights planned for 

UAS operations, it is not allowable, feasible or safe for conventional aircraft to fly within these 

parameters. Therefore, associated risks are marginal and do not compare to traditional manned 

aircraft flights operating at this altitude and should be considered for exemption.

The FAA has issued the following exemptions to this regulation;

Exemption Nos.

4063, 11138, 11136, 11112, 11110, 11109, 11080, 11066, 11063, 11062 and 11067.

In consideration of Section 91.119 as it applies to civil aircraft, in that it already establishes a 

500’ buffer around structures, a modification is requested by Petitioner to modify the 400’ AGL 

restriction to allow for UAS inspection operations of structures that exceed 400’ AGL.

Structures, such as wind farms whose blades at the vertical, can reach 492’AGL, are already 

protected by Section 91.119. There is a greater margin of vertical separation even when UAS is 

operated at 100’ above the structure.

The FAA has already granted such amendments to Condition and Limitations #4

See Amendment to Grant of Exemption No. 11171

Exemption No. 11171A

Regulatory Docket No. FAA−2014−0816

14 CFR § 91.121: Altimeter Settings

Section 91.121 requires a person operating an aircraft to maintain cruising altitude or flight level 

by reference to an altimeter that is set to the elevation of the departure airport or barometric 

pressure. Some UAS have a barometric pressure sensor, while others only use GPS for elevation

or altitude. When a barometric pressure sensor is on the UAS, it is corrected to the point of takeoff; this is in close proximity to the PIC and not at a departure airport. The altitude reading will 

be relative to that launch point on the ground.

The equivalent level of safety will be achieved by the PIC and GS crew. As part of the pre-flight 

checklist, the PIC and the GCS crew will confirm the elevation or altitude of the launch site. 

Using the altitude of the launch site shown on the GPS altitude indicator and then confirming the 

UAS AGL altimeter is set to zero on the ground before each flight is initiated. The altitude of the 

UAS will also be displayed via telemetry at the GS and will be constantly monitored by the PIC 

and GS crew during the entire flight operation.

The FAA has issued the following exemptions to this regulation;

Exemption Nos.

11153, 11150, 11138, 11136, 11159 and 11159.
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14 CFR § 91.151(A): Fuel Requirements For Flight In VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “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 30minutes; or (2) At night, to fly after that for at least 45 minutes.”

Different UAS batteries provide a range of powered flight times, depending on elevation, density

altitude, wind and other environmental conditions. However, because UAS does not require 

landings at airports or airstrips, time in fuel as a safety buffer for go-arounds, delays for landing 

or diversion to another airport or airstrip is unnecessary. Petitioner believes that an equivalent 

level of safety can be achieved by calculating flight operations to planned landing zones with 

sufficient power for safe landings or by maintaining 25% of reserve battery power whichever 

happens first. This criteria will be more than adequate to return the UAS to its planned landing 

zone from anywhere within the flight operations area.

Operating the UAS, without 30 minutes of reserve fuel does not engender the type of risks that 

Section 91.151(a) was meant to prevent given the size, weight and speed at which the UAS 

operates. The UAS are constructed of lightweight materials, and have no onboard pilot, 

passenger(s), or cargo. The risk to human life and property is extremely minimal. In the unlikely 

event that the UAS is drained of battery power, it would simply auto-land. Given the UAS 

dimensions and weight, and proven the risks are clearly less than the risk associated with 

conventional aircraft represented by this regulation, an equivalent level of safety is exceeded, 

and an exemption from § 14 CFR 91.151 is requested.

The FAA has issued the following exemptions to this regulation;

Exemption Nos.

2689F, 5745, 10673, 10808, 11138, 11136, 11112, 10650, and 10159.

14 CFR § 91.405(A); 407(A)(1); 409(A)(2); 417(A): Maintenance Inspections

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

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

this chapter ...” Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an air worthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records of maintenance work that has 

been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of 

approval for aircraft return to service.

Since UAS are small in size and cannot carry pilot/passengers, they are not considered complex 

mechanical equipment. UAS will operate only within flight operation areas and no higher than 

400 ft AGL. If mechanical issues arise, the UAS can land immediately within the designated 

flight operation area. The equivalent level of safety will be achieved as UAS PIC and GS crew 

will ensure that UAS are in proper working order prior to initiating flight operations. This will 
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occur through required pre-flight checks, regular UAS maintenance, and keeping a documented

log of any date/ type of maintenance performed.

The FAA has issued the following exemptions to this regulation;

Exemption Nos.

11159, 11157, 11150, 11153, 11138, 11136, 11109 and 11080.

 APPENDIX B

 SUMMARY OF SECTION 333 EXEMPTION REQUEST

Petitioner hereby provides pursuant to Part 11 a summary of its exemption application to allow 

commercial operation of UAS. With petition approval, the Petitioner intends to acquire and 

provide aerial imagery and data solutions in support of commercial inspections of renewable 

energy sites such as Solar and Wind Turbine farms, research and monitoring activities as they

apply to natural resource based interests and precision agriculture. For instance, these will 

include cropland observations (growth yields, fertilization and nutrient distribution, soils and 

plant moisture content, and pesticide management), irrigation water conservation methods, 

invasive species monitoring, geologic and geomorphic surveys, forest and rangeland health.

The application of UAS in these instances has the ability to produce valuable and sustainable 

products enhancing industry and public land operations. These products will provide definitive 

results for improving wind farm reliability, precision agriculture and natural resource based 

activities. 

 14 CFR, Part SUMMARY OF REGULATION

PART 21 AIRWORTHINESS CERTIFICATION

 21, SUBPART H CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS, 

 AIRWORTHINESS CERTIFICATES

 27 AIRWORTHINESS STANDARDS : NORMAL CATEGORY ROTORCRAFT

 61 PRIVATE PILOT PRIVILEGES AND LIMITATIONS

 61.3 PRIVATE PILOT PRIVILEGES AND LIMITATIONS

PART 61 CERTIFICATION: PILOTS, LIGHT INSTRUCTORS, AND GROUND INSTRUCTORS

 61.113(A)(B) PRIVATE PILOT PRIVILEGES AND LIMITATIONS; PILOT IN COMMAND

 61.133(A) COMMERCIAL PILOT PRIVILEGES AND LIMITATIONS

PART 91 GENERAL OPERATING AND FLIGHT RULES

 91.203(A)(B) CARRYING CIVIL AIRCRAFT CERTIFICATION AND REGISTRATION

 91.7(A) CIVIL AIRCRAFT AIRWORTHINESS

 91.9(B)(2) CIVIL AIRCRAFT FLIGHT MANUAL IN THE AIRCRAFT

 91.9(C) 45.23(B) MARKING OF THE AIRCRAFT

 91.103 PREFLIGHT ACTION

 91.109(A) FLIGHT INSTRUCTION

 91.119(C) MINIMUM SAFE ALTITUDES

 91.121 ALTIMETER SETTINGS
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 91.151(A) FUEL REQUIREMENTS FOR FLIGHTS IN VFR CONDITIONS

 91.405(A) MAINTENANCE REQUIRED

 91.407(A)(1) OPERATION AFTER MAINTENANCE

 91.409(A)(2) INSPECTIONS

 91.417 (A) MAINTENANCE RECORDS 

 APPENDIX C

 OVERVIEW CHARACTERISTICS OF PROPOSED UAS

DJI Phantom Vision 2+ DJI Inspire 1

Aircraft Type Multirotor Multirotor

Aircraft Weight 2.55 lbs. 6.46 lbs.

Max Take Off Weight 2.55 lbs. 6.46 lbs.

Dimensions 13.8 “ ( diagonal ) 17.24”x17.75”x11.85” 

Max Flight Time (approx.) 22 minutes 18 minutes

Max Airspeed 29 kts. 43 kts.

Propulsion Electric Motor x4 Electric motor x4

11.2 VDC 22.2VDC

LiPo Battery LiPo 6S Battery

Payload Digital Camera Digital Camera

Airframe Material Molded Plastic Carbon Fiber

& Plastic