3 February, 2016

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 Reform Act and Part 11 of the 

Federal Aviation Regulations

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, Aquila Geospatial LLC (hereafter Aquila), seeks an 

exemption from Federal Aviation Regulations (“FARs”) detailed below for the following 

UAS models DJI Phantom 3, DJI Phantom 2, DJI Inspire 1, DJI S1000+, DJI S900, 

Yuneec H920 and Q500 Typhoon, Tarot T810, Honeycomb AgDrone, and Ag Eagle.

The requested exemption would support an application for a commercial Certificate of 

Authorization (COA) to use the system to support aerial surveying, construction 

monitoring, aerial photography, agriculture, wildlife and forestry monitoring, wildland 

firefighting support, patrolling, aerial inspection, real estate surveying, crew member 

training, and mapping operations. By approving these exemptions, the FAA will support 

various industries, benefit the environment and enhance the safety of workers in the 

listed fields, all of which are in the public interest.

Each requested UAS weighs less than 55 lbs. fully loaded, will be operated at a speed 

no more than 87 knots, carry neither a pilot nor passenger, carry no explosive materials 

or flammable liquids, and operate exclusively within an approved COA airspace. All 

listed systems use a radio frequency spectrum for operation and control which complies 

with Federal Communications Commission (“FCC”) requirements and has integrated 

safety features as described within user manuals for each UAS. The UAS are equipped 

with redundant safety mechanisms allowing them to operate safely after experiencing 

certain in-flight failures. If a lost-link event occurs, including the loss of ground 

communications and/or the loss of a GPS signal, the UAS have the ability to perform a 

pre-coordinated, predictable, automated flight maneuver and return to a predetermined 

location within a designated security perimeter for landing. The UAS further have the 

ability to abort a flight in the event of unpredicted obstacles or emergencies. The aircraft 
will be operated in the field with both a Pilot in Command (PIC) and a ground-based 

Visual Observer (VO) in accordance with FAA Order 8900.1, vol. 16 "Unmanned Aircraft 

Systems" with the following additional restrictions:

- All operations will be conducted in accordance with the Air Traffic Organization (ATO) 

Certificate of Waiver or Authorization (COA). 

- All UAS operations will remain clear of manned aviation operations and activities at all 

times. 

- All operations will occur at altitudes no more than 400' AGL 

- Operations will be operated over private property with the permission of the land 

owner 

- The UAS will not be operated by a PIC from any moving device.

- The aircraft will not be operated within 5 NM of an airport or heliport unless prior 

coordination with ATC or airport management is made. 

- Operations will be limited to daylight, Visual Flight Rules conditions 

- Aircraft will remain within Visual Line of Sight of the PIC and VO at all times. 

- While the aircraft is airborne, the VO will be positioned within voice distance to the PIC

The PIC and VO will meet the requirements outlined in FAA Order 8900.1, volume 16, 

chapter 4. The PIC will hold at least a recreational or sport pilot certificate. Additionally, 

the PIC will perform maintenance on the system and will complete a course of 

maintenance instruction as part of their initial training. Due to the simplicity of the 

system, we do not anticipate the need for a supplemental pilot.

We submit that given the combination of the aircraft's light weight, historically 

demonstrated flight performance, fully qualified flight crew and strict operation under the 

guidelines established in 8900.1, the FAA can have confidence that the operation will 

have an equivalent or greater level of safety of manned aircraft performing the same 

mission.

The name and contact information of the applicant are:

Aquila Geospatial LLC

Attn Richard Blaha 

PO Box 155

Yamhill OR 97148

971-237-7575 

rblaha@gmail.com
The regulations from which the exemption is requested are as follows:

- 14 CFR Part 21 

- 14 CFR 91.203 

- 14 CFR 45.23, 45.29 

- 14 CFR 61.315 (a),(b),& (c)

- 14 C.F.R. 91.7 (a)

- 14 CFR 91.203 (a) & (b)

- 14 CFR 91.9 

- 14 CFR 61.113, 61.133 

- 14 CFR 91.109, 91.119 

- 14 CFR 91.121, 91.151 

- 14 CFR 91.405 (a)

- 14 CFR Subpart E (91.401 - 91.417) 

- 14 CFR 91.103(b)

- 14 CFR 407 (a) (1)

- 14 CFR 409 (a) (2)

- 14 CFR 417 (a) & (b)

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. We look forward to working with your office. Please contact 

me at any time if you require additional information or clarification.

Sincerely,

Rich Blaha, principal

Aquila Geospatial LLC

PO Box 155

Yamhill OR 97148

971 237 7575

rblaha@gmail.com

Private Pilot Certificate, Single Engine Land
APPENDICES:EXEMPTION REQUESTS, EQUIVALENT LEVEL OF SAFETY, AND PRIVACY

Aquila Geospatial LLC requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the listed UAS:

14 CFR Part 21, Subpart H: Airworthiness Certificates

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

FAA continues to work to develop airworthiness standards for UAS, we request an experimental

certificate be issued for UAS under either or both of the following provisions:

21.191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new

uses for aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other

operations to show compliance with the airworthiness regulations including

flights to show compliance for issuance of type and supplemental type

certificates, flights to substantiate major design changes, and flights to show

compliance with the function and reliability requirements of the regulations.

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

surveys,sales demonstrations, and customer crew training, we would expect that an 

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property, will not carry fuel, and will only fly under 

strict operational requirements. Combined with the fact that the aircraft weighs less than 

55 lbs., we propose that the listed UAS will be at least as safe, if not safer, than a 

conventionally certificated aircraft performing the same mission.

If an experimental airworthiness certificate is not appropriate for this application, then we

request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an 

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

previous paragraph.

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

The regulation provides that an airworthiness certificate, with the registration number 

assigned to the aircraft and a registration certificate must be aboard the aircraft. 

Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at 

the cabin or cockpit entrance so that it is legible to passengers or crew." Each UAS is too 
small to carry documentation, does not have an entrance, and is not capable of carrying 

passengers or crew.

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

documents deemed appropriate for this aircraft by the FAA will be co-located with the crew 

at the ground control station and available for inspection upon request. In order to identify 

the aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to an aircraft placard:

Manufacturer: (e.g) 3DR

Models: 3DR Solo

Registered to:

R Blaha

9712377575

rblaha@gmail.com

FA3MM33TXN (RBlaha’s UAS registration number)

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

These regulations provide that each aircraft must display "N" and the aircraft's registration

number in letters at least 3 inches high. Additionally, the aircraft must display the word

"EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or

pilot station. Each UAS does not have an entrance in which the word "EXPERIMENTAL"

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

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

on the top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is

preparing for launch will be able to see the designation. Additionally, we feel that the permanent

placard discussed in the previous paragraph will provide the aircraft's registration information

should it be found on the ground. Finally, we will display at the ground station a high contrast

flag, vest, or banner that contains the words "Unmanned Aircraft Operator" in letters 3 inches

high or greater. Since the aircraft will operate within VLOS of the PIC and VO near the ground

station, the banner should be visible to anyone that observes the aircraft and chooses to

investigate its point of origin.

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

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

manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight

manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation, the

documentation would not be available to the crew.

To obtain an equivalent level of safety and meet the intent of 91.9, we propose that a current,

approved Aircraft Flight Manual must be available to the crew at the ground
station anytime the aircraft is in, or preparing for, flight.

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133

Commercial pilot privileges and limitations.

The regulation provides that no person that holds a private pilot certificate may act as pilot in

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act

as pilot in command of an aircraft in connection with any business or employment if: (1) The

flight is only incidental to that business or employment; and (2) The aircraft does not carry

passengers or property for compensation or hire.

Our proposed operations meet the requirements of 8900.227 para 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." Since there are currently no

means available for the pilot of a UAS to gain the experience in an equivalent category and 

class in order to apply for a commercial pilot's license, we propose to generate an equivalent 

level of safety by requiring our pilots to complete, at a minimum, FAA private pilot ground

instruction and pass the FAA Private Pilot written examination in addition to completing at

least a recreational or sport pilot certificate requirements. Since the aircraft cannot carry

passengers or property, we feel that we meet the intent of 61.113 Subparagraph (b) even 

though the intent of this application is to conduct a business.

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

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

instruction unless that aircraft has fully functioning dual controls." The listed UAS ground control

station is based on a small hand-held radio controller and, if applicable, a mobile device. 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. With both student and instructor having "hands-on" the

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

equivalent level of safety.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated 

closer than 500 feet to any person, vessel, vehicle, or structure. Since the aircraft will be 

operating at a maximum of 400 feet AGL, we cannot comply with this requirement.

To provide an equivalent level of safety we will only fly over private property with the

permission of the land owner, or over public land with coordination with the responsible agency 

in question. The land owner will be briefed on the expected route of flight and

the associated risks to persons and property on the ground. We maintain that due to the small

size of each UAS, the hazard to persons, vessels, vehicles, and structures is not comparable

to manned aircraft and should be considered in granting the exemption.

The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing

without undue hazard to persons or property on the surface.

14 CFR 91.121 Altimeter settings.
The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter

setting available within 100 nautical miles of the aircraft. The aircraft will fly below 400 feet

AGL and will not need to maintain hemispherical cruising altitudes in order to de-conflict with

other aircraft. As such, an appropriate altimeter measurement presented to the pilot should be

Above Ground Level and should be based on the digitally encoded telemetry data feed, which

downlinks from the aircraft to a ground-based on-screen display. The altitude information will

be generated by equipment installed onboard the UAS, using GPS triangulation, digitally

encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a

zero altitude initiation point will be established and confirmed for accuracy by the UAS PIC.

Since the aircraft will fly no more than 40 minutes, even rapid changes in barometric pressure

will have limited effect on the safety of the flight.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

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

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel that the intention of this paragraph is to provide a reserve of

energy as a safety buffer for go-arounds and other delays to landing.

Each UAS is battery operated and the maximum duration of flight from a single battery

charge is 40 minutes, depending on the airframe in question. Since the aircraft will never fly 

more than VLOS from the PIC and the VO near the point of intended landing, a full battery 

charge at launch will ensure that we meet the reserve energy requirement of this paragraph. 

The UAS will not be operated unless it can begin the flight with enough power to complete the 

intended operation and operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer. We request an exemption to the word "fuel" and ask for an 

equivalent interpretation with the word "energy".

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and

Alterations

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

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance and

inspection of the aircraft and "be authorized to approve the aircraft for return to service."

The UAS will be maintained in accordance with the manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for both the system and related 

components. Routine maintenance performed by the PIC is limited to repairing small cracks, 

replacing propellers, 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. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can 

ensure an equivalent level of safety.

Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristic will undergo a functional test flight prior to conducting further operations.

Functional test flights will only be conducted by a current and qualified PIC with a VO and will
remain 500 feet from other people.

14 CFR 91.103(b) – Preflight Action

The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a

flight, become familiar with all available information concerning that flight, to include, “For any

flight, runway lengths at airports of intended use, and the following takeoff and landing distance

information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manual

containing takeoff and landing distance data is required, the takeoff and landing distance data

contained therein.”

The PIC will take all actions including reviewing weather, flight battery requirements, aircraft

performance data, and landing and takeoff distances before initiation of a flight. The PIC will

also account for all relevant site-specific conditions in their preflight procedures. However, given 

the limited nature on how the UAS will be used and that all operations will not be conducted 

within an airport environment, takeoff and landing data associated with airport data will not be 

applicable. Therefore, we request relief from 91.103(b).

Privacy

Richard Blaha (formerly of ABR, Inc and current principal of Aquila Geospatial LLC) has over 20 

years of experience working with a vast array of private and public clients who have trusted and 

verified his use and storage of sensitive scientific and project data. UAS operations at Aquila 

Geopatial LLC will be treated the same high standards, with data secured on our servers. Any 

incidental Personally Identifiable Information (PII) collected will be deleted upon data review.