UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

American Drones L.L.C.

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATION

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), 

AND 91.417(a) & (b) CONCERNING COMMERCIAL OPERATION OF THE

PHOENIX UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF

THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)
TABLE OF CONTENTS

 Page 

GLOSSARY OF ABBREVIATIONS .................................................................................3 

SUMMARY .........................................................................................................................4 

INTRODUCTION AND INTERESTS OF PETITIONER .................................................4 

BACKGROUND .................................................................................................................5 

BASIS FOR PETITION ......................................................................................................5 

NAME AND ADDRESS OF PETITIONER ......................................................................7 

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH AMERICAN DRONES L.L.C,. SEEKS 

EXEMPTION ......................................................................................................................7 

THE EXTENT OF RELIEF AMERICAN DRONES L.L.C, INC. SEEKS AND THE REASON 

AMERICAN DRONES L.L.C, INC. SEEKS THE RELIEF 

.........................................................................................................11 

THE REASONS WHY GRANTING AMERICAN DRONES L.L.C, INC.'S REQUEST WOULD 

BE IN THE PUBLIC INTEREST 

...........................................................................................................13 

..

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY ..............................................................................................................................17 

SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER....................31 

ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT 

AMERICAN DRONES L.L.C.'S REQUEST 

........................................................................................31 

CONCLUSION ........................................................................................................................32
 GLOSSARY OF ABBREVIATIONS 

AGL Above Ground Level 

AOI Area of Interest 

ATC Air Traffic Control 

ATO Air Traffic Organization 

AV Aerial Vehicle 

C.F.R. Code of Federal Regulations 

COA Certificate of Authorization 

FAA Federal Aviation Administration 

FAR Federal Aviation Regulation 

GCS Ground Control Station 

GPS Global Positioning System 

LOL Loss of Link 

NAS National Airspace System 

NOTAM Notice to Airman 

PIC Pilot In Command 

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333 

SOP Standard Operating Procedures 

UA Unmanned Aircraft 

UAS Unmanned Aircraft System 

VFR Visual Flight Rules 

VLOS Visual Line of Site 

VMC Visual Meteorological Conditions 

VO Visual Observer 

VTOL Vertical Takeoff and Landing 4 
SUMMARY

American Drones L.L.C, Inc. seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) &

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), 

to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 (FMRA). This exemption will permit American Drones L.L.C, Inc. to operate an 

Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial acquisitions and 

research over certain rural 

areas of the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

The petitioner, American Drones L.L.C. manufactures multirotor UAS for resale and for our own 

photographic/mapping applications as well as sales and informational demonstrations. American 

Drones L.L.C. drones are available for purchase by both hobbyist and commercial operators. 

Primarily American Drones are designed for and intended for use by public entities performing 

operations for police, fire rescue, wildlife management, agriculture and others as they arise.

American Drones L.L.C. provides extensive training for customers as well as customers that have not 

purchase an American Drone but wish to receive flight training, drone maintenance as well as 

guidance on FAA requirements for commercial operation of UAS in the NAS.

The petitioner was drastically affected by the F% tornado that caused major destruction in the Moore, 

Oklahoma area. Through this experience American Drones got a firsthand look out how first 

responders would gain a lifesaving advantage by using UAS in any major disaster zone.

American Drones L.L.C. is committed to providing reliable and safe to operate UAS in the NAS for 

first responders throughout the region. And furthermore, will impress upon first responders the 

importance of having proper training in the use of their UAS in the NAS.

BACKGROUND

Unmanned Aircraft System: Phoenix UAS 

American Drones L.L.C. seeks an exemption to operate the American Drones L.L.C Phoenix UAS 

for compensation or hire within the NAS. The Phoenix UAS is comprised of a vertical takeoff and 

landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). The 

Phoenix UA has a maximum gross weight of approximately 7.6 pounds, while having a diameter of 

33 inches, height of 11 inches, and maximum speed of 50 mph (43.4 knots). The Phoenix UA is 

equipped with six propellers, each being driven by electric motor powered a Lithium Polymer 

battery. 

The Phoenix UA that will be operated by American Drones L.L.C will be registered in accordance 

with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, 

and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Marking. 

BASIS FOR PETITION

Petitioner, American Drones L.L.C., by and through undersigned counsel, pursuant to the provisions 

of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act 

of 2012, Section 333, Special Rules for Certain Unmanned Aircraft Systems, hereby petitions the 

Administrator to operate the Phoenix UAS in the National Airspace System (NAS), and for an 

exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, American Drones L.L.C operation of the Phoenix UAS meets the 

conditions of Section 333 and therefore, will not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. 6 
Accordingly, American Drones L.L.C requests relief from Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance 

that only apply to aircraft with an airworthiness certificate. 

American Drones L.L.C submits that the requested relief is proper since an equivalent level of safety 

will be ensured. American Drones L.L.C will use its authorized technicians to perform maintenance, 

alterations, or preventive maintenance on the UAS using the methods, techniques, and practices 

prescribed in the manufacturer’s maintenance manual. Furthermore, American Drones L.L.C will 

document and maintain all maintenance records for the Phoenix UAS. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and 

limitations: Pilot in command, is requested by American Drones L.L.C to the extent necessary to 

allow a Pilot in Command (PIC) who has completed the Phoenix UAS training and currency 

requirements, to conduct the proposed UAS flight operations. American Drones L.L.C submits that 

the conditions and limitations set forth herein will ensure the safety of the NAS, as well as the safety 

of persons or property on the ground. 

American Drones L.L.C seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, 

because the Phoenix UAS does not require an airworthiness certificate in accordance with 14 C.F.R. 

Part 21, Subpart H. As such, American Drones L.L.C submits that it will ensure that the Phoenix

UAS is in an airworthy condition, prior to every flight, by determining that the UAS is in compliance 

with the Phoenix Flight Manual, and that the aircraft is in a condition for safe flight. 

American Drones L.L.C also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the Phoenix UA will not have a typical barometric altimeter onboard. However, 

altitude information of the Phoenix UAS will be provided to the PIC via Global Positioning System 

(GPS) equipment and a radio communications telemetry data link, which downlinks from the UA to 

the GCS for active monitoring of the flight path. This altitude information, combined with American 

Drones L.L.C operation of the Phoenix UA within visual line of sight, at or below 400 feet AGL, will 

ensure a level of safety equivalent to Section 91.121. 

Additionally, American Drones L.L.C seeks an exemption from the requirements of Section 

91.151(b), entitled Fuel requirements for flight in VFR conditions. American Drones L.L.C submits 

that safety will not be affected by terminating flights of the battery powered Phoenix UA after 30 

minutes of continuous flight, which would allow for five minutes of battery power remaining. 

In accordance with 14 C.F.R. § 11.81, American Drones L.L.C provides the following information in 

support of its petition for exemption:

A. Name And Address Of The Petitioner. 

The name and address of the Petitioner is: 

American Drones L.L.C 

625 S.W. 153 St

Oklahoma City, Oklahoma

73170

Contact; Darren Hensley

CEO American Drones L.L.C

B. The Specific Sections Of 14 C.F.R. From Which American Drones L.L.C Seeks Exemption. 

1. American Drones L.L.C Seeks Exemption From The Requirements Of Section 61.113(a) 

And (b). 

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) 

and (b) prescribe the following, in relevant part: 8 

(a) No person who holds a private pilot certificate may act as a pilot in command 

(PIC) of an aircraft that is carrying passengers or property for compensation or 
hire; nor may that person, for compensation or hire, act as PIC of an aircraft. 

(b) A private pilot may, for compensation or hire, act as PIC 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. 

2. American Drones L.L.C Seeks Exemption From The Requirements Of Section 91.7(a). 

Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: 

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

3. American Drones L.L.C, Seeks Exemption From The Requirements Of Section 91.121. 

Section 91.121, entitled Altimeter settings, subsection (a), states the following, in part: 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, 

as the case may be, by reference to an altimeter that is set, when operating--

(1) Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of 

the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current 

reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an 

appropriate altimeter setting available before departure; 

4. American Drones L.L.C Seeks Exemption From The Requirements Of Section 91.151(b). 

Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b), states the 

following: 

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed, to fly after that for at least 20 minutes.

5. American Drones L.L.C. Seeks Exemption From The Requirement Of Section 91.405(a). 

Section 91.405, entitled Maintenance required, subsection (a), states the following: 

Each owner or operator of an aircraft—

(a) 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[.] 

6. American Drones L.L.C. Seeks Exemption From The Requirements Of Section 91.407(a)(1). 

Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or 

alteration, subsection (a)(1), states the following: 

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, 

rebuilding, or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.] 

7. American Drones L.L.C. Seeks Exemption From The Requirements Of Sections 91.409(a)(1) 

And 91.409(a)(2). 

Section 91.409, entitled Inspections, subsection (a), states the following: 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had --

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return 

to service by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this 

chapter. 

8. American Drones L.L.C. Seeks Exemption From The Requirements Of Sections 91.417(a) 

And 91.417(b). 

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: 
(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or 

operator shall keep the following records for the periods specified in paragraph (b) of this section: 10 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, 

annual, progressive, and other required or approved inspections, as appropriate, for each aircraft 

(including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records 

must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to service. 

(2) Records containing the following information: 

(i) The total time in service of the airframe, each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

(iv) The current inspection status of the aircraft, including the time since the last inspection required 

by the inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for 

each, the method of compliance, the AD or safety directive number and revision date. If the AD or 

safety directive involves recurring action, the time and date when the next action is required. 

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the 

airframe and currently installed engines, rotors, propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed. 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the 

aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be 

retained until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief American Drones L.L.C. Seeks And The Reason American Drones 

L.L.C. Seeks The Relief. 

1. Extent of Relief American Drones L.L.C. Seeks And The Reason American Drones L.L.C.

Seeks Relief From Section 61.113(a) And (b). 

Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to the extent necessary to allow a PIC holding a private pilot certificate and a 

third-class airman medical certificate, and who has completed the Phoenix UAS training and 

currency requirements, to conduct the proposed UAS flight operations for compensation. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private 

pilot may, for compensation or hire, act as PIC 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. 

As set forth more fully below, Phoenix submits that an equivalent level of safety will be maintained 

because no PIC will be allowed to operate the Phoenix UAS unless that PIC has demonstrated, 

through the Phoenix UAS training and currency requirements, that the PIC is able to safely operate 

the Phoenix UAS in a manner consistent with the operations specifications as described in this 

exemption, including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures. 

Further, American Drones L.L.C. submits that all flights of the Phoenix UAS, conducted by the PIC 

pursuant to the grant of this Petition - (1) will be incidental to American Drones L.L.C.’s business; 

and (2) will not carry passengers or property for compensation or hire. 12 
2. Extent of Relief American Drones L.L.C. Seeks And The Reason American Drones L.L.C.

Seeks Relief From Section 91.7(a). 

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to 

allow American Drones L.L.C. to determine that the Phoenix UAS is in an airworthy condition prior 

to every flight by ensuring that the UAS is in compliance with the Phoenix Flight Manual, and that 

the aircraft is in a condition for safe flight. 

American Drones L.L.C seeks the requested relief because the Phoenix UAS does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, American 

Drones L.L.C will ensure that the Phoenix UAS is in an airworthy condition based upon its 

compliance with the operating documents (i.e., the Phoenix Flight Manual) prior to every flight, and 

as stated in the conditions and limitations below. 

3. Extent of Relief American Drones L.L.C. Seeks And The Reason American Drones L.L.C

Seeks Relief From Section 91.121. 

Relief from Section 91.121 entitled Altimeter settings, may be required to allow flight operations of 

the Phoenix UAS, which utilizes GPS equipment and a radio communications telemetry data link to 

downlink altitude information to the PIC from the UA to the GCS. As more fully set forth below, 

safety will be maintained as a result of the Phoenix UA’s altitude readout via GPS equipment, and 

American Drones L.L.C’s operation of the Phoenix UA within visual line of sight, at or below 400 

feet AGL. 

4. Extent Of Relief American Drones L.L.C. Seeks And The Reason American Drones L.L.C

Seeks Relief From Section 91.151(b). 

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to 

the extent required to allow flights of the battery powered Phoenix UA during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR) conditions, to continue for a 

total duration of 30 minutes, which will ensure that the UA will land with five minutes of battery 

power remaining. American Drones L.L.C. seeks the requested relief because without an exemption 

from Section 91.151(b), the flight time duration of the battery powered Phoenix UA will severely 

constrain the practicality of any aerial acquisition and research flight operations that American 

Drones L.L.C proposes to conduct pursuant to this Petition. 

Significantly, as set forth below, the technical specifications of the Phoenix UAS, the Phoenix Flight 

Manual, and American Drones L.L.C’s proposed operating limitations, ensure that American Drones 

L.L.C will safely operate the battery powered Phoenix UA during daylight hours in VFR conditions, 

for a total flight duration of 30 minutes, landing with five minutes of battery power remaining. 

5. Extent Of Relief American Drones L.L.C’s Seeks And The Reason American Drones L.L.C’s

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 

91.417(a) & (b). 

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to 

aircraft with an airworthiness certificate, American Drones L.L.C requests relief from these Sections 

because the Phoenix UAS does not require an airworthiness certificate. As set forth more fully 

below, the Phoenix UAS meets the conditions of Section 333 of the FMRA for operation without an 

airworthiness certificate. Accordingly, American Drones L.L.C will use authorized technicians to 

perform maintenance, alterations, or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed in the manufacturer’s maintenance manual. Furthermore, 

American Drones L.L.C will document and maintain all maintenance records for the Phoenix UAS. 

D. The Reasons Why Granting American Drones L.L.C’s Request Would Be In The Public 

Interest; That Is, How It Would Benefit The Public As A Whole. 

Granting the present Petition will further the public interest by allowing American Drones L.L.C. to 

safely, efficiently, and economically perform aerial acquisitions and research over rural areas of the 

United States, commercially, in support of government entities, agriculture, scientific studies, 
wildlife monitoring, forestry operations, and the oil and gas industries. Additionally, use of the 

Phoenix UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits 

to the economy. Notably, the benefits of American Drones L.L.C.’s proposed operation of the 

Phoenix UAS will be realized without implicating any privacy issues. 

1. The Public Will Benefit From The Aerial Acquisition And Research Performed. 

American Drones L.L.C submits this Petition to commercially operate the Phoenix UAS and perform 

aerial acquisition and research throughout rural areas of the United States, in support of government 

entities, agriculture, scientific studies, wildlife monitoring, forestry operations, mining, and the oil 

and gas industries. The Phoenix UAS will provide safe, efficient, and economical aerial acquisition 

and research operations to further each of these fields, all of which are critical to the well-being of 

the general public. 

The specific operations that American Drones L.L.C will perform with the Phoenix UAS 

demonstrate how the requested exemption will directly benefit the above-referenced industries and 

the public. In agriculture, the aerial acquisition performed by the Phoenix UAS will be used to 

predict and increase crop yields, as well as for the research and prevention of crop disease. In the oil 

and gas industry, the Phoenix UAS will be used to aid in facility inspections, survey and plan new 

worksites, conduct volumetric analysis, and perform right of way analysis. The Phoenix UAS will 

also further environmental management by researching invasive species, mapping deforestation, and 

surveying point source pollution. 

2. The Public Will Benefit From Decreased Congestion Of The NAS. 

The Phoenix UA is battery powered and serves as a safe, efficient, and economical alternative to the 

manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned 

aircraft needed to perform aerial acquisitions, an exemption allowing the use 15 

of a Phoenix UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around 

airports caused by arriving and departing aircraft will be reduced. The Phoenix UA does not require 

an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial survey 

missions would result in fewer aircraft that must be handled by air traffic control during the ground, 

takeoff, departure, arrival, and landing phases of flight operations. 

3. The Public Will Benefit From The Safety And Efficiency Of The PHOENIX UAS. 

Conducting aerial acquisitions with the Phoenix UAS, instead of manned aircraft, will greatly benefit 

the public by drastically reducing the levels of air and noise pollution generated during traditional 

aerial survey flight operations. By using battery power and electric motors, the Phoenix UAS 

produces no air pollution, and is the most viable environmentally conscious alternative to the cabin 

class, six cylinder internal combustion twin engine aircraft that are typically utilized for aerial 

acquisitions, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The 

Phoenix UA, while reducing the carbon footprint of aerial acquisitions, also eliminates noise 

pollution, as the UA is propelled by battery powered electric motors, rather than an internal 

combustion engine. 

By using the Phoenix UAS to perform aerial acquisitions, the substantial risk to life and property in 

the air and on the ground, which is usually associated with traditional manned aircraft flight 

operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew 

members located onboard the aircraft, the Phoenix UA (weighing approximately 6.6 pounds at its 

maximum gross weight with a diameter of 30 inches, and with no fuel on board), has less physical 

potential for collateral damage to life and property on the ground, and in the air, compared to the 

manned aircraft that typically conduct aerial acquisitions (weighing approximately 6,500 pounds 

with a wingspan of approximately 40 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 
4. Performing Aerial Acquisition Operations With The Phoenix UAS Will Benefit The 

Economy. 

In addition to being safe and efficient, the Phoenix UAS is also an economical alternative to using 

manned aircraft to conduct aerial acquisitions. As such, operation of the Phoenix UAS will allow 

United States based companies, like American Drones L.L.C, to remain competitive and contribute to 

growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the Environmental 

Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fuels, U.S. owned and 

operated companies must adopt new and alternative technology in order to remain competitive. 

Operating the battery powered Phoenix UAS is one such technology that not only allows companies 

greater operational flexibility compared to manned aircraft, but provides such flexibility without the 

high operational cost of a traditional manned aircraft. 

By operating the Phoenix UAS, companies such as American Drones L.L.C. can remain competitive 

and profitable, and therefore, provide greater job stability to employees and contractors, which will 

ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. 

companies, through commercial use of the Phoenix UAS, provides a stable workforce that increases 

consumer spending; improves local, state, and federal tax revenues; and allows companies to invest 

in research and development in order to remain competitive both in the United States and abroad.

5. There Are No Privacy Issues. 

Similar to the manned aerial acquisition flight operations that have been conducted for decades, 

American Drones L.L.C’s proposed operation of the Phoenix UAS will not implicate any privacy 

issues. Specifically, the Phoenix UAS will be operated only in rural areas, and in accordance with all 

Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119. 

Most significantly, the Phoenix UA will not be operated closer than 500 feet to any person, vessel, 

vehicle, or structure, which is not directly involved in the operation. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How 

The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The 

Rule From Which American Drones L.L.C. Seeks Exemption. 

1. Reasons Why The Phoenix UAS Meets The Conditions Of The FAA Modernization and 

Reform Act of 2012 (FMRA) Section 333. 

In consideration of the size, weight, speed, and limited operating area associated with the unmanned 

aircraft and its operation, American Drones L.L.C’s operation of the Phoenix UAS meets the 

conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H. 

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, 

or otherwise pose a threat to national security. Specifically, FMRA Section 333 states the following, 

in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days 

after the date of enactment of this Act, the Secretary of Transportation shall determine if certain 

unmanned aircraft systems may operate safely in the national airspace system before completion of 

the plan and rulemaking required by section 332 of this Act or the guidance required by section 334 

of this Act. 

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), 

the Secretary shall determine, at a minimum-- 18 

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within visual line of 

sight do not create a hazard to users of the national airspace system or the public or pose a threat to 

national security; and 
(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under 

section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft 

systems identified under paragraph (1). 

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain 

unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall 

establish requirements for the safe operation of such aircraft systems in the national airspace system. 

In seeking this exemption, American Drones L.L.C submits that the Phoenix UAS can operate safely 

in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the Phoenix

UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. 

a. The Specifications Of The Phoenix UAS Demonstrate Its Safe Characteristics. 

The Phoenix UAS does not create a hazard to users of the NAS or the public, or otherwise pose a 

threat to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The Phoenix UAS. 

The technical specifications of the Phoenix UAS are set forth in Appendix C of the “Flight Manual 

For The Phoenix Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit A 

contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 11.35(b)1. 

1 Exhibits to this Petition contain proprietary information, and in accordance with 14 C.F.R. § 11.35(b), 

are not to be included in the Federal Docket Management System (FDMS). 

ii. The Phoenix UAS Autonomous Flight And Navigation Modes Enable The UAS To Remain 

Within A Defined Operational Area. 

A complete description of the autonomous modes and methods of navigation of the Phoenix UAS is 

provided at pages 2, 4, 5, and 10 of the “Flight Manual For The Phoenix Unmanned Aircraft System 

(UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be held in 

a separate file pursuant to 14 C.F.R. § 11.35(b). 

iii. The Phoenix UAS Is Designed For Automatic Return To Launch In The Event Of Loss Of 

The Control Link Or Navigation. 

A complete description of the Phoenix UAS’s automatic return to launch function in the event of a 

break in communication or loss of telemetry data is set forth on pages 2, 9, and 10 of the “Flight 

Manual For The Phoenix Unmanned Aircraft System (UAS),” attached hereto as Exhibit A. Exhibit 

A contains proprietary information and is to be held in a separate file pursuant to 14 C.F.R. § 

11.35(b). 

b. Flight Operations Of The Phoenix UAS Are Limited To The Line Of Sight Of A Certificated 

Pilot in Command With A Safety Observer. 

American Drones L.L.C will only utilize certificated pilots who possess a valid airman medical 

certificate to act as a pilot in command (PIC) of the Phoenix UAS. Additionally, a safety observer 

will assist all pilots. The PIC must complete the Phoenix UAS training and qualification, as set forth 

in the “Flight Manual For The Phoenix Unmanned Aircraft System (UAS),” attached hereto as 

Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant to 

14 C.F.R. § 11.35(b). 20 

c. Flights Of The Phoenix UAS Will Be Conducted Pursuant To Specific Operating 

Limitations. 

In seeking this exemption, American Drones L.L.C proposes to commercially operate the Phoenix

UAS for the special purpose of conducting aerial acquisitions over rural areas of United States, 

pursuant to the following specific operating limitations: 

1) Operations authorized by this grant of exemption are limited to the following aircraft described in 

the operator’s manual which is a quad rotor aircraft weighing less than 10 pounds: Phoenix

Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petition or a 

petition to amend this grant. 

2) The UA may not be flown at an indicated airspeed exceeding 43.4 knots. 
3) The UA must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be 

in feet AGL. 

4) 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. 

5) All operations must utilize a visual observer (VO). 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. The PIC must be designated before the flight and cannot transfer 

his or her designation for the duration of the flight. 

6) The operator’s manual and this grant of exemption must be maintained 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 operator’s manual, the conditions and limitations herein 

take precedence and must be followed. Otherwise, the operator must follow the procedures as 

outlined in its operator’s manual. 

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track 

such revisions and present updated and revised documents to the Administrator upon request. The 

operator must also present updated and revised documents if it petitions for extension or amendment. 

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 amendment to their exemption. The 

FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operator’s manual. 

7) Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. 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. The Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records. 

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 

in accordance with the operator’s manual. The PIC who conducts the functional test flight must make 

an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional 

test flight and aircraft record entry must be added to the operator’s manual. 

9) The preflight inspection must account for all discrepancies, i.e. inoperable components, items, or 

equipment, not covered in the relevant preflight inspection sections of the operator’s manual. 

10) The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements, with particular attention to flight critical 

components that may not be addressed in the manufacturer’s manuals. 

11) American Drones L.L.C must carry out their maintenance, inspections, and record keeping 

requirements in accordance with the operator’s manual. Maintenance, inspection, and alterations 

must be noted in the aircraft logbook, including total flight hours, description of work accomplished, 

and the signature of the authorized UAS technician or PIC returning the UAS to service. 

12) American Drones L.L.C UAS technicians must receive and document training referenced in the 

operator’s manual. 

13) Each UAS operated under this exemption must comply with all manufacturer System and Safety 

Bulletins. 

14) American Drones L.L.C maintenance personnel must make a record entry in the UAS logbook or 

equivalent document of the corrective action taken against discrepancies discovered between 

inspections. 
15) The PIC must possess at least a private pilot certificate and a third-class airman medical 

certificate. The PIC must also meet the flight review requirements specified in 14 C.F.R. § 61.56 in 

an aircraft in which the PIC is rated on his or her pilot certificate. 

16) The operator may not permit any PIC to operate unless that PIC has demonstrated, through the 

training and currency requirements set forth in the operator’s manual, that the PIC is able to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 22 

17) UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). Flights under special visual flight 

rules (SVFR) are not authorized. 

18) The UA may not operate within 5 nautical miles of the airport reference point as denoted on a 

current FAA-published aeronautical chart. The UA may not operate within 3 nautical miles from any 

city or densely populated area. 

19) 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. 

20) 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 and land, or be recovered in accordance with 

the operator’s manual. 

21) The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operator’s manual. 

22) The PIC is prohibited from beginning a UAS flight unless (considering wind and forecast 

weather conditions and assuming normal cruising speed) there is enough power to fly to the first 

point of intended landing prior to utilizing battery reserve power. 

23) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations under this grant of exemption. This COA 

will also require the operator to request issuance of a Notice to Airman (NOTAM) not more than 72 

hours in advance, but not less than 48 hours prior to the operation. 

24) All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 C.F.R. Part 47, and have identification (N-Number) markings in 

accordance with 14 C.F.R. Part 45, Subpart C. Markings must be as large as practicable. 

25) Before conducting operations, the radio frequency spectrum used for operation and control of the 

UA must comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements. 

26) The documents required under 14 C.F.R. 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. 

27) The UA must remain clear and yield the right of way to all other manned aviation operations and 

activities at all times. 

28) The UAS may not be operated by the PIC from any moving device or vehicle. 23 

29) The UA may not be operated over congested or densely populated areas. These areas include but 

are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), Sectional 

Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). However, aeronautical charts may 

not reflect pertinent local information. Ultimately, it 

is the PIC’s responsibility to maintain the minimum safe altitudes required by § 91.119. 

30) Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons 

other than the PIC or VO), vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons from 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 and/or; 

b. the aircraft is operated near vessels, vehicles or structures where the land owner/controller has 

granted permission and the PIC has made a safety assessment of the risk of operating closer to those 

objects and; 

c. operations near the PIC or VO do not present an undue hazard to the PIC or VO, per § 91.119(a). 

31) All operations shall be conducted over private or controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land owner/controller 

or authorized representative will be obtained prior to the beginning of every flight. 

32) 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. 

2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would 

Not Adversely Affect Safety. 

American Drones L.L.C submits that the equivalent level of safety established by Section 61.113(a) 

and (b) will be maintained because no PIC will be allowed to operate the Phoenix UAS unless that 

PIC has demonstrated, through the Phoenix UAS training and currency requirements, that the PIC is 

able to safely operate the Phoenix UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 24 

Considering American Drones L.L.C’s proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of 

commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to 

safely operate the Phoenix UAS, American Drones L.L.C submits that the additional manned 

airmanship experience of a commercially certificated pilot would not correlate to the airmanship 

skills necessary for American Drones L.L.C’s specific proposed flight operations. 

The Phoenix UAS was the subject of a previous Grant of Exemption from Section 61.113(a) and (b). 

In Exemption No. 11109, the FAA granted relief from Section 61.113(a) and (b) concerning the 

operation of the Phoenix UAS by a PIC holding a private pilot certificate and third class airman 

medical certificate, based upon the following analysis: 

The FAA has analyzed Clayco’s proposed operation and has determined that it does not differ 

significantly from the situation described in Grant of Exemption No. 11062 (Astraeus Aerial). Clayco 

plans to operate over private property with controlled access in the NAS. Given: 1) the similar nature 

of Clayco’s proposed operating environment to that of Astraeus’, 2) the parallel nature of private 

pilot aeronautical knowledge requirements to those of commercial requirements [ref: Exemption No. 

11062], and 3) the airmanship skills necessary to operate the UAS, the FAA finds that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate to the 

airmanship skills necessary for Clayco’s specific proposed operations. Therefore, the FAA finds that 

a PIC holding a private pilot certificate and a third-class airman medical certificate is appropriate for 

the proposed operations. 

With regard to the airmanship skills necessary to operate the UAS (item #3 stated above), Clayco has 

proposed a 100 hour training program and 6 month currency requirements. The conditions and 

limitations below stipulate that Clayco may not permit any PIC to operate unless that PIC has 

demonstrated through Clayco’s training and currency requirements that the PIC is able to safely 

operate the UAS in a manner consistent with how the UAS will be operated under this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 
See Exemption No. 11109 at 12. 

Additionally, the FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, 

in circumstances similar, in all material respects, to those presented herein (e.g. 25 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138). 

As in Exemption No. 11109, American Drones L.L.C will not allow any PIC to operate the Phoenix

UAS unless that PIC has demonstrated through the Phoenix UAS training and currency requirements, 

that the PIC is able to safely operate the Phoenix UAS in a manner consistent with this exemption, 

including evasive and emergency maneuvers and maintaining appropriate distances from people, 

vessels, vehicles and structures. 

A complete description of the Phoenix UAS Training and Qualification requirements is set forth at 

page 5 of the “Flight Manual For The Phoenix h Unmanned Aircraft System (UAS),” attached hereto 

as Exhibit A. Exhibit A contains proprietary information and is to be held in a separate file pursuant 

to 14 C.F.R. § 11.35(b). 

3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to 

every flight, American Drones L.L.C will ensure that the Phoenix UAS is in an airworthy condition 

based upon the Phoenix UAS’s compliance with its operating documents (i.e., the Phoenix Flight 

Manual), and as stated in the conditions and limitations herein. 

The Phoenix UAS was the subject of a previous Grant of Exemption from Section 91.7(a) 

(Exemption No. 11109). Additionally, the FAA has previously granted relief from Section 91.7(a) 

specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 

11138). 26

4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not 

Adversely Affect Safety. 

The equivalent level of safety established by Section 91.121 will be maintained because the altitude 

information of the Phoenix UA will be provided to the PIC via GPS equipment and a radio 

communications telemetry data link, which downlinks from the UA to the GCS for active monitoring 

of the flight path. This altitude information, combined with American Drones L.L.C’s operation of 

the Phoenix UA within visual line of sight, at or below 400 feet AGL, will ensure a level of safety 

equivalent to Section 91.121. The altitude information will be generated by GPS equipment installed 

onboard the aircraft. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by the UAS PIC. The Phoenix UAS was the subject of a previous Grant of 

Exemption from Section 91.121 (Exemption No. 11109). Additionally, the FAA has previously 

granted relief from Section 91.121 specific to UAS, in circumstances similar, in all material respects, 

to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 

11109, 11112, 11136, 11138). 

5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not 

Adversely Affect Safety. 

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. 

Section 91.151(b) as a result of (1) the technical specifications of the Phoenix UAS; (2) the 

limitations on the proposed flight operations; and (3) the location of the proposed flight operations. 

Accordingly, American Drones L.L.C will ensure that it can safely operate the battery powered 

Phoenix UA during daylight hours, in VFR conditions, for a total flight duration of no more than 30 

minutes, resulting in a landing with five minutes of battery power remaining. In a previous Petition 

for Exemption, in which an operator was utilizing a Phoenix UAS identical in all material respects to 
the Phoenix UAS American Drones L.L.C proposes to use, the FAA granted an exemption from the 

requirements of Section 91.151, stating as follows: 

In the event that the UAS should run out of power, it would simply land within the access controlled 

operating area. Given its weight and construction material, the risks are less than contemplated by the 

current regulation. Prior relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in § 91.151 (a), including Exemption Nos. 2689, 5745, and 10650. In addition, 

similar UAS-specific relief has been granted an Exemption Nos. 8811, 10808, and 10673 for 

daytime, Visual Flight Rules (VFR) conditions. The Phoenix provides a battery failsafe that 

commands the UA’s return to the launch point when critical minimum voltage is reached. The UAS 

batteries provide approximately 35 minutes of powered flight. The FAA agrees with Clayco’s 

proposal to limit UAS flights to not more than 30 minutes, or enough battery reserve to ensure that 

the UAS lands at the ground station with at least 20% battery reserve power, whichever happens first. 

Given the limitations on its proposed operations and the location of those proposed operations, a 

reduced minimum power reserve for flight in daylight VFR conditions is reasonable. 

See Exemption No. 11109 at 15. 

Here, as in Exemption No. 11109, the technical specifications of the Phoenix UAS; the limitations on 

the proposed flight operations; and the location of the proposed operations, will ensure that American 

Drones L.L.C may safely operate the battery powered Phoenix UA during daylight hours in VFR 

conditions for a total duration of not more than 30 minutes, and landing with five minutes of battery 

power remaining. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that 

safety is not adversely affected when the technical characteristics and operating limitations of the 

UAS are considered. Relief has been granted for manned aircraft to operate at less than the 

minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. 

Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 

288811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138). 

6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 

91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. 

In seeking this exemption, American Drones L.L.C submits that the equivalent level of safety with 

regard to the regulatory maintenance and alteration requirements established by Sections 91.405(a), 

91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because American Drones 

L.L.C will use its trained technicians to perform maintenance, alterations, or preventive maintenance 

on the unmanned aircraft system using the methods, techniques, and practices prescribed in the 

manufacturer’s maintenance manual. Furthermore, American Drones L.L.C will document and 

maintain all maintenance records for the Phoenix UAS. 

Since the Phoenix UAS will be inspected as prescribed by the manufacturer’s maintenance manual, 

American Drones L.L.C will maintain the equivalent level of safety established by Sections 

91.405(a), 91.409(a)(1), and 91.409(a)(2). The Flight Manual For The Phoenix UAS sets forth 

airworthiness requirements for the UA, including preflight and post flight inspections, as well as 

scheduled maintenance in four categories: daily, weekly, monthly, and yearly. 

Likewise, the exemption sought will not adversely affect safety because American Drones L.L.C will 

perform maintenance, alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the manufacturer’s maintenance manual. The Flight Manual 

For The Phoenix UAS details procedures for each component of the UA, including the components 

of the propulsion system, avionics system, and payload system. 

A complete description of the Phoenix UAS airworthiness and maintenance requirements is set forth 

at page 6 of the “Flight Manual For The Phoenix Unmanned Aircraft 29 
System (UAS),” attached hereto as Exhibit A. Exhibit A contains proprietary information and is to be 

held in a separate file pursuant to 14 C.F.R. § 11.35(b). 

Furthermore, the exemption sought would maintain an equivalent level of safety established by 

Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the Phoenix UAS will be 

performed by American Drones L.L.C trained technicians, who will document and maintain 

maintenance records for the Phoenix UAS. 

Significantly, previous exemptions granted by the FAA concerning the Phoenix UAS and Sections 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS are 

considered. In Exemption No. 11109, the FAA stated the following concerning the Phoenix UAS and 

the Phoenix Flight Manual: 

Regarding the petitioner’s requested relief from 14 C.F.R 91.405 (a) Maintenance required, 

91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 

91.409(a)(2) Inspections, and 91.417(a) and (b) Maintenance records, the FAA has determined that 

relief from § 91.409(a)(1) is also necessary because it is an alternate inspection requirement of § 

91.409(a)(2). The FAA has carefully evaluated the petitioner’s request and determined that cause for 

granting the exemption is warranted. The FAA notes that the petitioner’s Phoenix UAS Flight 

Manual contain daily, preflight, monthly and yearly checks for the UAS. The FAA finds that 

adherence to the Phoenix Flight Manual, as required by the conditions and limitations below, is 

sufficient to ensure that safety is not adversely affected. In accordance with the petitioner’s UAS 

maintenance, inspection, and recordkeeping requirements, the FAA finds that exemption from 14 

C.F.R. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b) is warranted subject to 

the conditions and limitations below. 

In consideration of American Drones L.L.C’s proposed operating limitations, the most recent 

Phoenix Flight Manual, and the technical aspects of the Phoenix UAS, American Drones L.L.C

submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 

91.405(a), 91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously 

granted relief specific to UAS in circumstances similar, in all material respects, to those presented 

herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11112, 11136, 11138). 

7. The FAA May Prescribe Any Other Conditions For Safe Operation. 

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 

C.F.R. § 21.16 entitled Special Conditions, American Drones L.L.C requests that the FAA prescribe 

special conditions for the intended operation of the Phoenix UAS, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that 

established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 

91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special 

conditions will permit safe operation of the UA for the limited purpose of conducting aerial 

acquisitions over certain rural areas of the United States. FMRA Section 333 sets forth the 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, 

or otherwise pose a threat to national security; and further, provides the authority for such UAS to 

operate without airworthiness certification in accordance with any requirements that must be 

established for the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. 

§ 21.16, for operation of the Phoenix UAS, since the airworthiness regulations of 14 C.F.R. Part 21 

do not contain adequate or appropriate safety standards, due to the novel or unusual design features 

of the aircraft. Section 21.16, entitled Special Conditions, states the following: 

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or 

appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual 
design feature of the aircraft, aircraft engine or propeller, he prescribes special conditions and 

amendments thereto for the product. The special conditions are issued in accordance with Part 11 of 

this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA 

finds necessary to establish a level of safety equivalent to that established in the regulations. 

See 14 C.F.R. § 21.16. 31 

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe 

special conditions for American Drones L.L.C’s intended operation of the Phoenix UAS, which 

contain such safety standards that the Administrator finds necessary to establish a level of safety 

equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & 

(b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

F. A Summary That Can Be Published In The Federal Register, stating: 

The Rules From Which American Drones L.L.C. Seeks Exemption: 

American Drones L.L.C. seeks exemption from the requirements of 14 C.F.R Sections 61.113(a)&(b), 

91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

A Brief Description Of The Nature Of The Exemption American Drones L.L.C. Seeks: 

This exemption will permit American Drones L.L.C. to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial acquisitions and research over certain rural 

areas of the United States. 

G. Any Additional Information, Views, Or Arguments Available To Support American Drones 

L.L.C.’s Request. 

This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 

333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in 

the NAS. As such, American Drones L.L.C’s request for exemption may be granted pursuant to the 

authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to 

users of the NAS or the public, or otherwise pose a threat to national security; and further, provides 

the authority for such UAS to operate without airworthiness certification. As discussed in detail 

above, American Drones L.L.C will operate the Phoenix UAS safely in the NAS, without creating a 

hazard to users of the NAS, or the public, or otherwise pose a threat to national security. 

CONCLUSION 

As set forth herein, American Drones L.L.C seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe 

operation of the Phoenix UAS commercially, without an airworthiness certificate, for the limited 

purpose of conducting aerial acquisitions over certain rural areas of the United States. By granting 

this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA 

Modernization and Reform Act of 2012, while also advancing the interests of the public, by allowing 

American Drones L.L.C to safely, efficiently, and economically operate the Phoenix UAS 

commercially within the NAS. 

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, American Drones L.L.C respectfully requests that the 

Administrator grant this Petition for an exemption from the requirements of 14 C.F.R Sections 

61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 

91.417(a) & (b), and permit American Drones L.L.C to operate the Phoenix UAS commercially for 

the purpose of conducting aerial acquisitions and research over certain rural areas of the United 

States. 33 
Dated: January 18, 2015 

Submitted on behalf of American Drones L.L.C, 

Darren Hensley

CEO American Drones L.L.C.

625 S.W. 153 St Oklahoma City

Oklahoma

73170

Email Darren.hensley@american-drones.com