December 16, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 

SUBJECT: Petition of George Butler Associates (GBA) for Grant of 

Exemption Pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012

To Whom it May Concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(Reform Act) and 14 C.F.R. Part 11, George Butler Associates hereby applies for an 

exemption from the Federal Aviation Regulations (FARs) identified below, to operate 

small unmanned aerial vehicles (i.e., small unmanned aircraft systems or UAS or UA) 

for aerial data collection. GBA is a multi-discipline, full service engineering firm. 

GBA plans to use the sUAS for aerial inspections, documentation, engineering 

evaluation, surveying, mapping, photography, video and other engineering 

applications. 

GBA’s purpose for obtaining exemption is not unique. The following 

exemptions were granted for similar or exactly the same purpose:

Petitioner Exemption 

Number

Purpose

Olsson 

Associates

11626 Olsson plans to use the sUAS for aerial inspection and 

documentation services for its projects located across the United 

States. The services include aerial surveys and mapping, 

inspections and obtaining still photographs, video and other data 

collected via onboard sensors.

Aerologic 11370 To conduct aerial survey to produce imagery and terrain 

modeling products useful in applications

ranging from civil engineering, land and water resources 

management, environmental research, disaster response, 

agriculture, and many other useful applications.

Clayco, Inc. 11109 For aerial imaging for safety and monitoring of secured and 

controlled environment construction sites.

Wohnrade 

Civil 

Engineers

11835 To conduct site reconnaissance for public and private civil 

construction projects, including bridge inspections and aerial 

photography and videography.

Ocelleye, 

LLC

12877 To conduct aerial photography and video capture for the 

architectural engineering and construction (AEC) industry.

GBA seeks exemption from the Federal Aviation Regulations (FARs) listed 

below to allow the operation of several different small Unmanned Aircraft Systems 

(collectively, sUAS). In the exemptions granted above and exemption 11062, 11109, 

11112, 11213, and 12645, the FAA determined that the safety and public benefits of 

using sUAS for commercial surveying, mapping, project documentation, inspection 

and other engineering service were equal to or exceed the platforms available through 

traditional means. In addition, use of for inspections of structures can be safely 
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Request for Section 333 Exemption

performed without endangering the inspector or inhibiting local industrial or public 

operations with ladders, lifts or other equipment. GBA petitions and requests a similar 

finding and exemption.

GBAs request for aircraft to operate is not unique. The following table 

contains the aircraft GBA intends to operate and a reference to other users who were 

approved for operation of that UAS. 

Aircraft Exemption Numbers

DJI Phantom 3 12593A, 13918, 13918, 13976, 13978

DJI S1000 11062A, 13562, 13918, 11156A, 11158A

DJI Inspire 11062A, 13562, 12593A, 13918, 11394,13969

DJI Phantom 2 11406, 11398, 11394, 11224, 11228, 13969

DJI S800 12593A, 11252, 11225, 11253, 11426

SenseFly ebee 11263A, 11167, 11193, 11273, 11266

SenseFly Exom 11263A, 12106

Trimble UX5 11110A, 11257, 11329, 11432, 12231

3D Robotics Solo 13987, 12146, 11309, 11204, 12204

Altavian Nova 

F6500

11472, 11292, 11291, 11351, 11415

GBA intends to use: DJI Phantom 3, DJI S1000, DJI Inspire, DJI Phantom 2, 

DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, and the Altavian 

Nova F6500. Operation manuals and materials for these aircraft are already entered in 

the public record in the exemption material above.

Operations pursuant to the exemption will be subject to strict operating 

requirements and conditions to ensure at least an equivalent level of safety to currently 

authorized operations using manned aircraft and under conditions as may be modified 

by the FAA as required by Section 333. The sUAS have extensive automated control 

features, redundant systems, and integrated fail-safes, and will be operated under 

controlled conditions and at low altitudes in airspace that is limited in scope. 

The name and address of the applicant is:

GBA Architects Engineers

Attn: Ed Young

9801 Renner Blvd.

Lenexa, KS 66219

(913)577-8434

Email: eyoung@gbateam.com
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GBA 

Request for Section 333 Exemption

Regulations from which the exemption is requested:

14 CFR Part 21

14 C.F.R. 45.23(b)

14 CFR 61.113 (a) & (b)

14 C.F.R. 91.7 (a)

14 CFR 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F. R. 91.119

14 C.F.R. 91.121

14 CFR 91.151 (a)

14 CFR 91.203 (a) & (b)

14 CFR 91.405 (a)

14 CFR 407 (a) (1)

14 CFR 409 (a) (2)

14 CFR 417 (a) & (b)

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the national airspace system (NAS) before completion of the rulemaking 

required under Section 332 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of

UASs do not create a hazard to users of the NAS or the public or pose a threat to 

national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.

Reform Act § 333 (a). If the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis 

added).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority by its terms includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, that includes UASs, from the requirement that all 

civil aircraft must have a current airworthiness certificate. GBA Engineers interprets 

this provision to place the duty on the Administrator to not only process applications 

for exemptions under section 333, but for the Administrator to craft conditions for the 

safe operation of the UAS, if it should be determined that the conditions set forth 

herein do not fulfill the statutory requirements for approval. The Administrator may 

grant an exemption from a requirement of a regulation prescribed under subsection (a) 

or (b) of this section or any sections 44702-44716 of this title if the Administrator finds 

the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 

49 USC §44704; 14 CFR §91.203 (a) (1).

GBA intends to use a number of UAS (DJI Phantom 3, DJI S1000, DJI Inspire, 

DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly Exom, 3DR or 3D Robotics Solo, 

and the Altavian Nova F6500) that have been vetted by the FAA under the exemptions 

sited above for size, weight, speed, and operational capacity. After reviewing these 
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aircraft, the FAA issued the exemptions cited above. All UAS will be operated only in 

line of sight of the pilot and will operate only within the project area. Such operations 

will insure that the UAS will not create a hazard to users of the national airspace 

system or the public. Given the small size of the UAS involved and the restricted 

environment within which it will operate, GBA falls squarely within that zone of safety 

(an equivalent level of safety) in which Congress envisioned the FAA must, by 

exemption, allow commercial operations of UASs to commence immediately. Also due 

to the size of the UAS and the restricted areas in which the relevant UAS will operate, 

approval of the application presents no national security issue. Given the clear direction 

in Section 333 of the Reform Act, the authority contained in the Federal Aviation Act, 

as amended; the strong equivalent level of safety surrounding the proposed operations, 

and the significant public benefit, including enhanced safety, reduction in 

environmental impacts, including reduced emissions associated with allowing UASs 

for inspection and survey operations, the grant of the requested exemptions is in the 

public interest.

Accordingly, GBA respectfully requests that the FAA grant the requested exemption 

without delay.

Aircraft and equivalent Level of Safety

GBA Engineers proposes the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These 

limitations provide for at least an equivalent or even higher level of safety to operations 

under the current regulatory structure because the proposed operations represent a 

safety enhancement to the already safe photography and surveying operations 

conducted with conventional aircraft.

These limitations and conditions to which GBA agrees to be bound when conducting 

commercial operations under an FAA issued exemption include:

1. Operations authorized by this grant of exemption are limited to DJI Phantom 3, 

DJI S1000, DJI Inspire, DJI Phantom 2, DJI S800, SenseFly ebee, SenseFly 

Exom, 3DR or 3D Robotics Solo, and the Altavian Nova F6500 when 

weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming 

are not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per 

hour). The exemption holder may use either groundspeed or calibrated airspeed 

to determine compliance with the 87 knot speed restriction. In no case will the 

UA be operated at airspeeds greater than the maximum UA operating airspeed 

recommended by the aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA-issued 

airman medical certificate or U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated 

within the visual line of sight (VLOS) of the PIC and VO at all times. The VO 

may be used to satisfy the VLOS requirement as long as the PIC always 

maintains VLOS capability. The VO and PIC must be able to communicate 

verbally at all times; electronic messaging or texting is not permitted during 

flight operations. The PIC must be designated before the flight and cannot 
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transfer his or her designation for the duration of the flight. The PIC must 

ensure that the VO can perform the duties required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant 

of exemption, are hereinafter referred to as the operating documents. The 

operating documents must be accessible during UAS operations and made 

available to the Administrator upon request. If a discrepancy exists between the 

conditions and limitations in this exemption and the procedures outlined in the 

operating documents, the conditions and limitations herein take precedence and 

must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operating documents. The operator may update or revise its 

operating documents. It is the operator’s responsibility to track such revisions 

and present updated and revised documents to the Administrator or any law 

enforcement official upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to this grant of 

exemption. If the operator determines that any update or revision would affect 

the basis upon which the FAA granted this exemption, then the operator must 

petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics, e.g., replacement of a flight critical 

component, must undergo a functional test flight prior to conducting further 

operations under this exemption. Functional test flights may only be conducted 

by a PIC with a VO and must remain at least 500 feet from other people. The 

functional test flight must be conducted in such a manner so as to not pose an 

undue hazard to persons and property. 

9. The operator is responsible for maintaining and inspecting the UAS to ensure 

that it is in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine 

the UAS is in a condition for safe flight. The pre-flight inspection must account 

for all potential discrepancies, e.g., inoperable components, items, or 

equipment. If the inspection reveals a condition that affects the safe operation 

of the UAS, the aircraft is prohibited from operating until the necessary 

maintenance has been performed and the UAS is found to be in a condition for 

safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also 

hold a current FAA airman medical certificate or a valid U.S. driver’s license 

issued by a state, the District of Columbia, Puerto Rico, a territory, a 

possession, or the Federal government. The PIC must also meet the flight 

review requirements specified in 14 CFR § 61.56 in an aircraft in which the 

PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates 

the ability to safely operate the UAS in a manner consistent with how the UAS 
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will be operated under this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. PIC qualification flight hours and currency must be 

logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes 

of training the operator’s PICs and VOs (training, proficiency, and experiencebuilding) and determining the PIC’s ability to safely operate the UAS in a 

manner consistent with how the UAS will be operated under this exemption are 

permitted under the terms of this exemption. However, training operations may 

only be conducted during dedicated training sessions. During training, 

proficiency, and experience-building flights, all persons not essential for flight 

operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 

91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 

1.1. All operations must be conducted under visual meteorological conditions 

(VMC). Flights under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point 

(ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for 

airports not denoted with an ARP, the center of the airport symbol as denoted 

on the current FAA-published aeronautical chart, unless a letter of agreement 

with that airport’s management is obtained or otherwise permitted by a COA 

issued to the exemption holder. The letter of agreement with the airport 

management must be made available to the Administrator or any law 

enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the 

PIC. 

18. For tethered UAS operations, the tether line must have colored pennants or 

streamers attached at not more than 50 foot intervals beginning at 150 feet 

above the surface of the earth and visible from at least one mile. This 

requirement for pennants or streamers is not applicable when operating 

exclusively below the top of and within 250 feet of any structure, so long as the 

UA operation does not obscure the lighting of the structure. 

19. If the UAS loses communications or loses its GPS signal, the UA must return 

to a pre-determined location within the private or controlled-access property. 

20. The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies. 

21. The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough available power for the UA to 

conduct the 6 intended operation and to operate after that for at least 5 minutes 

or with the reserve power recommended by the manufacturer if greater. 

22. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). 

All operations shall be conducted in accordance with an ATO-issued COA. 

The exemption holder may apply for a new or amended COA if it intends to 

conduct operations that cannot be conducted under the terms of the enclosed 

COA.

23. All aircraft operated in accordance with this exemption must be identified by 

serial number, registered in accordance with 14 CFR part 47, and have 

identification (N−Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings must be as large as practicable.
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24. Documents used by the operator to ensure the safe operation and flight of the 

UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be 

available to the PIC at the Ground Control Station of the UAS any time the 

aircraft is operating. These documents must be made available to the 

Administrator or any law enforcement official upon request. 

25. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

26. The UAS may not be operated by the PIC from any moving device or vehicle. 

27. All Flight operations must be conducted at least 500 feet from all 

nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or 

structures are present that sufficiently protect nonparticipating persons from the 

UA and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the 

safety of nonparticipating persons; and b. The owner/controller of any vessels, 

vehicles or structures has granted permission for operating closer to those 

objects and the PIC has made a safety assessment of the risk of operating 

closer to those objects and determined that it does not present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

28. 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. 

29. Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable COA 

must be reported to the FAA's UAS Integration Office (AFS−80) within 24 

hours. Accidents must be reported to the National Transportation Safety Board

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

Description of Specific Regulations:

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203(a)(1)

91.7(a)

Inasmuch as there will be no airworthiness certificate issued for the UAS, GBA 

seeks an exemption from 14 CFR Park 21, Subpart H, 14 C.F.R. § 91.7(a) and 

§91.203(a), which requires that a civil aircraft be in an airworthy condition to be 

operated. While the petitioner’s UAS will not have an airworthiness certificate, the 

FAA has determined that for the purposes of this exemption the pilot may determine 

the aircraft is in an airworthy condition prior to flight. The operating documents 

contain procedures which allow the PIC to determine whether the aircraft is in a 

condition safe for flight, and an exemption from § 91.7(a) is therefore warranted. 

14 C.F.R. 45.23(b) and 45.27(a) and / or 91.9(c): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated 

aircraft, or light sport category aircraft to be marked with letters between 2 inches and 

6 inches high "limited," “restricted," "light-sport," "experimental," or "provisional," 

near each entrance to a cabin, cockpit, or pilot station. Even though the UAS will have 

no airworthiness certificate, an exemption may be needed as the UAS will have no 

entrance to the cabin, cockpit or pilot station on which the word Experimental" can be 
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placed. Given the size of the UAS, two-inch lettering will be impossible. All GBA 

aircraft shall be mark in accordance with registration requirements. In prior grants of 

exemption under Section 333 of the Reform Act, the FAA determined that exemption 

from these requirements was warranted provided that the aircraft “have identification 

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

as practicable.” 8 All UAS flown by GBA will bear identification markings that are as 

large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.9 

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in 

command

In the Grant of Exemption No. 11062 to Astraeus Aerial, 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. The fulfillment of the 

additional requirements for a private pilot to become qualified as a commercial pilot 

would not lead to any additional safety benefits when UAS operations are involved. 

More recently, the FAA determined that holders of recreational and sport pilot 

certificates would also have adequate aeronautical knowledge to pilot a UAS. 

Accordingly, because these individuals would also be subject to security screening by 

the Department of Homeland Security (DHS), the FAA determined that holders of 

recreational and sport pilot certificates would be qualified to serve as the PIC for UAS 

operations. 

The restrictions Petitioner has placed on its UAS operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial and other operators in more recently 

granted exemptions under Section 333 of the FAA Reform Act. GBA will operate 

away from persons and property that is not the subject matter of the flight. GBA will 

also require all PICs to be thoroughly trained in the unique aspects of UAS flight. As 

set forth in the operating documents, pilots will have experience not only in UAS 

operations generally but have logged flight time in the specific make and model used 

for the operations before they are permitted to participate in commercial flights on 

behalf of GBA. The pilot qualification, training, and currency requirements in the 

operating documents ensure that GBA’s pilots are competent and proficient in the UAS 

they are operating. The Petitioner’s training and qualification requirements are 

consistent with those contained in prior FAA-issued grants of exemption, and will 

provide a higher level of competency and proficiency for its pilots and will ensure at 

least an equivalent level of safety.

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. As there will be no airworthiness certificate issued for the aircraft, 

should this exemption be granted, no FAA regulatory standard will exist for 

determining airworthiness. Given the size of the aircraft and the requirements 

contained in the Manual for maintenance and use of safety checklists prior to each 

flight, an equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard 

requirements

The UAS, given its size and configuration has no ability or place to carry such a flight 

manual on the aircraft, not only because there is no pilot on board, but because there is 

no room or capacity to carry such an item on the aircraft.
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The equivalent level of safety will be maintained by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. 

The FAA has issued the following exemptions to this regulation: Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700.

14 C.F.R. 91.103: Preflight Action

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

ensure the safety of flight. An exemption is needed from this requirement as the pilot 

will take separate preflight actions, including checking for weather conditions, 

checking flight battery requirements, checking takeoff and landing distances, and all 

other actions in the Preflight Checklist in the UAS Manual. These actions will provide 

an equivalent level of safety.

14 C.F.R. 91.109: Flight Instruction

Section 91.103 provides 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.

By design, UASs and remotely piloted aircraft do not have fully functional dual 

controls. Flight control is accomplished through the use of a control box that 

communicates with the aircraft via radio communications. The FAA has previously 

approved exemptions for aircraft without fully functional dual controls. See Exemption 

Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a 

pilot nor passengers will be carried in the aircraft, the ability to control the UAS via 

radio signals from the controller, and by the size and speed of the aircraft.

14 C.F. R. 91.119: Minimum Safe Altitudes

GBA requests an exemption from the minimum safe altitude requirements of 

14 C.F.R. § 91.119(c). 15 Section 91.119 prescribes the minimum safe altitudes under 

which aircraft may not operate, including 500 feet above the surface and away from 

any person, vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 

91.119(c). An exemption is required because the proposed UAS operations will 

normally need to occur below 400 feet AGL. Additionally, due to the nature of the 

proposed operations, the PIC and/or Observers may need to be less than 500 feet away 

from the UAS. Compared to flight operations with rotorcraft weighing far more than 

the maximum weights proposed herein, and given the lack of flammable fuel with the 

UAS, any risk associated with these operations is far less than those that presently exist 

with conventional aircraft. An equivalent level of safety will be achieved given the 

size, weight, and speed of the UAS, as well the controlled location where the 

operations will occur. In order to avoid any risk to manned aircraft, flight operations 

will be restricted to below 400 feet AGL. As set forth in the operating documents, the 

UAS will be operated in a controlled environment, and all flights will occur at a lateral 

distance of at least 500 feet from nonparticipating persons, unless that person is in a 

position where he or she is shielded from the UAS and any possible debris resulting 

from UAS failure. Procedures will be in place to ensure flight operations can be safely 

terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded 

position. Further, UAS operations will occur at least 500 feet away from vehicles or 

structures unless the property owner/controller has granted permission and the PIC has 

made a safety assessment of the risk of operating closer to those objects, and operations 
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near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence 

to these restrictions in GBA’s operating documents will ensure the proposed operations 

can be conducted without compromising safety to persons or property on the ground.

14 C.F.R. 91.121: Altimeter Settings

To the extent necessary for GBA to conduct the proposed operations, Petitioner 

requests an exemption from 14 C.F.R. § 91.121, which 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. The FAA has stated 

that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be 

achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, 

(2) within VLOS, (3) where GPS based altitude information is relayed in real time to 

the operator at a ground-based on-screen display and, (4) where prior to each flight, a 

zero altitude initiation point is established for the PIC to confirm accuracy of the 

onboard GPS. The UAS that Petitioner intends to use for performing the proposed 

operations meet all these operational characteristics. Moreover, the operating 

documents require the PIC to calibrate the aircraft’s GPS compass prior to each flight 

operation. As the FAA has determined in circumstances similar to this Petition for 

Exemption, Petitioner’s UAS and the safety mitigation procedures contained in the 

operating documents, ensure that an equivalent level of safety will be achieved, and a 

grant of exemption to the requirements of § 191.121 is therefore appropriate.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

GBA requests an exemption from 14 C.F.R. § 91.151(a)’s fuel requirements 

for flight in VFR conditions. Section 91.151 states: (a) 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; or 

(2) At night, to fly after that for at least 45 minutes. 

Here, the technological limitations on UAS battery power means that no 

meaningful flight operations can be conducted while still maintaining a 30-minute 

battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is 

therefore required. The FAA has previously granted relief from the fuel requirements 

of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those 

presented in this Petition for Exemption. In Exemption No. 11213 to Aeryon Labs, 

Inc.19, the FAA determined that a requirement prohibiting the PIC from beginning a 

UAS flight unless (considering wind and forecast weather conditions) there was 

enough available power for UAS to operate for the intended operational time and to 

operate after that for at least five minutes or with the reserve power recommended by 

the manufacturer if greater, would ensure an equivalent level of safety to the fuel

requirements of § 91.151(a). Petitioner’s operating documents impose this same 

requirement and an exemption from § 91.151(a)’s fuel requirements for flight in VFR 

conditions is therefore appropriate.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) 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 fully loaded weighs no more than 55 lbs and is operated without an 

onboard pilot. Therefore there is no ability or place to carry certification and 

registration documents or to display them on the UAS.

An equivalent level of safety will be achieved by keeping these documents at the 

ground flight control point where the pilot flying the UAS will have immediate access 

to them, to the extent they are applicable to the UAS. The FAA has issued numerous 

exemptions to this regulation. 

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require 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...," and others shall inspect or maintain 

the aircraft in compliance with Part 43.

Given these sections and Part 43 apply only to aircraft with an airworthiness certificate 

these sections will not apply to GBA. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook. An equivalent level of 

safety will be achieved because these small UASs are very limited in size and will 

carry a small payload and operate only in restricted areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and will be operating from no 

higher than 400 feet AGL. The operator will ensure that the UAS is in working order 

prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety.

********

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: GBA Engineers 

seeks an exemption from the following rules:14 C.F.R. §21, subpart H; 14 C.F.R 

45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119;

91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 

(a) (2) and 91.417 (a) & (b) for aerial inspections, documentation, engineering 

evaluation, surveying, mapping, photography, video and other engineering 

applications.

Approval of exemptions allowing commercial operations of UASs for aerial 

inspections, documentation, engineering evaluation, surveying, mapping, photography, 

video and other engineering applications enhances safety while reducing risk. Manned 

aircraft monitoring and surveying creates a greater risk because the craft are much 

larger, have combustible fuel, and carry an onboard human pilot. In contrast, a UAS 

weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of that 

risk given the reduced mass and lack of combustible fuel carried on board. The UAS 

will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights.
US Department of Transportation

December 16, 2015

Page 12 of 12

GBA 

Request for Section 333 Exemption

The operation of small UASs, weighting less than 55 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the 

grant of the exemptions requested herein, including exempting GBA from the 

requirements of Part 21 and allowing commercial operations. These lightweight aircraft 

operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with helicopters operating 

in close proximity to the ground and people.

Privacy

All flights will occur over private or controlled access property with the property 

owner's prior consent and knowledge. Images taken will be of individuals who have 

also consented to being filmed or otherwise have agreed to be in the area where aerial 

photography will take place.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security — provide more than 

adequate justification for the grant of the requested exemptions allowing commercial 

operation of GBA’s UASs in engineering industry pursuant to the UAS Manual.

Specific Examples of Potential UAS use by GBA:

GBA intends to:

· Inspect existing inaccessible or difficult to access structures such as tops of river cells, 

sides of bridges, industrial rooftops, high mast lights and smoke stacks. This would 

save time and money and public inconveniences by negating the need to mobilize large 

lift equipment or close roads during bridge or public building inspections.

· Develop 3D models from imagery collected during flight. Using software to turn 

photographs into scalable 3D models minimizes the need for tape measures and other 

‘hands on’ surveying tools which can inhibit industrial and public operations as well as 

be a safety issue to the employee and public.

· Develop land surveys quickly and inexpensively compared to conventional methods. 

Aerial surveys can be conducted on small areas with the UAS negating the need for 

large conventional aircraft and other conventional surveying devices which may inhibit 

industrial or public operations.

· Enhanced public awareness. Many of GBA projects involve public places such as 

bridges, biking/hiking trails, waste water plants, etc. The ability to use up to date aerial 

photography will enable the client and the public to better understand the project.

Sincerely,

GEORGE BUTLER ASSOCIATES, INC.

C. Edward Young, Esq.

Associate, Aviation Market Leader