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Writer’s Direct Contact 

+1 (858) 720.7932 

WOConnor@mofo.com 

12531 HIGH BLUFF DRIVE 

SAN DIEGO, CALIFORNIA 

92130-2040 

TELEPHONE: 858.720.5100 

FACSIMILE: 858.720.5125 

WWW.MOFO.COM 

MORRISON & FOERSTER LLP

BEIJING , BERLIN , BRUSSELS , DENVER , 

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NEW YORK , NORTHERN VIRGINIA , 

PALO ALTO , SACRAMENTO , SAN DIEGO , 

SAN FRANCISCO , SHANGHAI , SINGAPORE ,

TOKYO , WASHINGTON , D . C . 

November 12, 2014 

U.S. Department of Transportation 

Docket Operations, M-30 

1200 New Jersey Avenue, SE 

Room W12-140, West Building Ground Floor 

Washington, DC 20590-0001 

Re: Petition of Notus Access Group for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 to Operate an Unmanned Aircraft 

System

Dear Sir or Madam: 

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

Act) and 14 C.F.R. Part 11, Notus Access Group (NAG) hereby applies for an exemption 

from the Federal Aviation Regulations identified below to allow for the commercial 

operation of the InstantEye Mk-2 small unmanned aircraft system manufactured by Physical 

Sciences Inc. 

I. REGULATIONS FOR WHICH EXEMPTION IS REQUESTED 

NAG requests exemption from the following regulations: 

 14 C.F.R Part 21, Subpart H; 

 14 C.F.R Part 27; 

 14 C.F.R § 45.23(b); 

 14 C.F.R. § 45.27(a); 

 14 C.F.R § 61.113; 

 14 C.F.R § 91.7(a); 

 14 C.F.R § 91.9(b)(2); 

 14 C.F.R § 91.9(c); 

 14 C.F.R § 91.103; 

 14 C.F.R § 91.109(a); 

 14 C.F.R § 91.119; 

 14 C.F.R § 91.121; 

 14 C.F.R § 91.151(a) & (b) 
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 14 C.F.R § 91.203 (a) & (b); 

 14 C.F.R § 91.405(a); 

 14 C.F.R § 91.407(a)(l); 

 14 C.F.R § 91.409(a)(2); 

 14 C.F.R § 91.417 (a) & (b). 

This petition incorporates the material contained in the NAG Operations, Inspection, and 

Maintenance Manual, the NAG Flight Operations Areas Manual, the InstantEye Mk-2 

Training Manual, and the InstantEye Mk-2 Operator Training Guide (together, the NAG 

Manuals). The NAG Manuals are submitted as confidential under 14 C.F.R. § 11.35(b), as 

they contain commercial and proprietary information that NAG has not and will not share 

with others, is not available to the public, and is protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552 et seq. 

II. STATUTORY AUTHORITY FOR REQUESTED EXEMPTIONS 

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

Congress has directed the FAA “to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system.” Pursuant to Section 333 of the Reform 

Act, the FAA Administrator is to permit operation of an unmanned aircraft system where it 

does not create a hazard to users of the national airspace system (NAS) or the public or pose 

a threat to national security based on the following considerations: 

 The size, weight, speed and operational capability; 

 Operation in proximity to airports and populated areas; and 

 Operation within visual line of sight of the operator. 

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

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

Administrator decides a requested exemption is in the public interest. See 49 U.S.C. §§ 

106(f), 44701-44716, et seq. A party requesting an exemption must explain the reasons why 

the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect 

safety or how it would provide a level of safety at least equal to the existing rules. 14 C.F.R. 

§ 11.81. 

III. DESCRIPTION OF NOTUS ACCESS GROUP AND ITS SERVICES 

Notus Access Group (“NAG”) is a privately held company with its headquarters in Newport, 

Washington. NAG performs inspections, maintenance, and repairs on wind turbine blades 

and towers for the renewable energy industry. These services are performed in a manner to 
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November 12, 2014 

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minimize downtime of the wind turbine generator. The NAG team brings over 17 years of 

combined experience in the renewable energy industry. 

NAG services are traditionally performed using rope access and aerial inspection methods. A 

picture demonstrating traditional rope access for wind turbines is shown below in Figure A. 

Figure A: Traditional Rope Access for Wind Turbines 

The contact information for the petitioner, NAG, is as follows: 

 

Jeremiah Skirvin 

President 

Notus Access Group 

5022 Northshore Diamond Lake Rd. 

Newport, WA 99156 

Tel (800) 949-1646 

jskirvin@notusaccessgroup.com

C/O William V. O’Connor 

William D. Janicki 

Joanna L. Simon 

Morrison & Foerster LLP 

12531 High Bluff Drive 

San Diego, CA 92130 

Tel (858) 720-5100 

WOConnor@mofo.com 

WJanicki@mofo.com

JoannaSimon@mofo.com

 
U.S. Department of Transportation 

November 12, 2014 

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IV. DESCRIPTION OF PROPOSED OPERATIONS 

NAG is requesting exemptions from applicable Federal Aviation Regulations (FARs) 

pursuant to Section 333 of the Reform Act to perform aerial inspections of wind turbine 

blades and towers used in the renewable energy industry. 

A. The InstantEye Mk-2 

NAG will operate the InstantEye Mk-2 manufactured by Physical Sciences Inc. The 

InstantEye Mk-2 is a battery-operated quadcopter that can be hand launched and recovered 

by a single person with a maximum flying time of 20 to 30 minutes. The vehicle weighs 

approximately one pound with a camera payload and is about 10 inches wide. The aircraft 

groundspeed will be less than 25 mph, and it will operate at or below 500 feet AGL. The 

InstantEye Mk-2 manufacturer’s specifications are shown below in Figure B: 

Figure B: InstantEye Mk-2 Manufacturer’s Specifications 
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The InstantEye Mk-2 is shown below in Figure C. 

Figure C: InstantEye Mk-2 

B. Prior Operational Approval of the InstantEye Mk-2 

The InstantEye Mk-2 received an Airworthiness Release from the U.S. Army Special 

Operations Command for approved operations in the NAS and in combat operations. (See

AWR# IEMK220130521, Attachment 1.) 

The InstantEye Mk-2 received an exemption for operation in the NAS with conditions and 

limitations stipulated in Special Airworthiness Certificate in the Experimental Category and 

the Certificate of Waiver or Authorization (COA) issued to the San Diego Gas & Electric 

Company. (Exemption No. 10968, Regulatory Docket No. FAA-2013-1127, Attachment 2) 

Based on the operational approvals mentioned above, the InstantEye Mk-2 has developed a 

substantial safe operational history. 

C. NAG’s Proposed Operations Demonstrate an Equivalent Level of 

Safety 

1. General Description of Proposed Flight Operations 

NAG proposes to operate within the limitations and performance specifications listed in the 

NAG Manuals, which are summarized below. These limitations provide for at least an 

equivalent, or higher, level of safety for operations under the current regulatory structure 

because the proposed operations represent a safety enhancement to the already safe protocols 

currently used for the inspection of wind turbine blades and towers. 

The proposed operations do not create any hazard to users of the national airspace system or 

pose a threat to national security. The aircraft is an electric quad-rotor aircraft weighing 

approximately one pound including payload. It operates at a speed of no more than 25 mph, 

will only be operated in the visual line of sight (VLOS) of the pilot in command, and will 

remain at or below 500 feet AGL. The requirement for clearance up to 500 feet AGL is 
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November 12, 2014 

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necessitated by the size of the wind turbines, which can vary greatly in size and may reach as 

high as 150 meters, or 492.126 feet AGL, when the blades are positioned vertically. Figure 

D, below, shows the varying sizes of exemplar wind turbines. 

Figure D: Wind Turbine Size 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. 

The InstantEye Mk-2 carries no fuel, and therefore the risk of fire following an incident or 

accident due to fuel spillage is eliminated. Compared to manned aircraft, the unmanned 

aircraft being operated by the petitioner reduces the risk to participating persons in close 

proximity to the aircraft due to the limited size, weight, operating conditions, and design 

safety features of the InstantEye Mk-2. 

NAG’s inspection operations will be in remote areas at least 5 miles from any airport and 

away from population centers. The InstantEye Mk-2 will be operated on wind farms, which 

are remote from population centers and airports, with permission from the owners of the 

facilities being inspected. Moreover, wind turbine towers and wind farms are already subject 

to obstruction marking, lighting and notification requirements set forth by the FAA. 

The FAA has determined that the risk of not having an electronic means to monitor and 

communicate with other aircraft, such as transponders or sense and avoid technology, is 

mitigated by placing limits on altitude, requiring stand-off distance from clouds, permitting 

daytime operations only, and requiring that the aircraft be operated within visual line of sight 

and yield right of way to all other manned operations. Additionally, the operator will request 
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a NOTAM prior to operations to alert other users of the NAS. See Exemption No. 11062, 

Docket No. FAA 2014-0352, at p. 13. 

The petitioner’s aircraft has the capability to operate safely after experiencing certain inflight failures. The aircraft is also able to respond to a lost-link event with a pre-coordinated, 

predictable, automated flight maneuver. 

2. Specific Limitations on Proposed Flight Operations 

Given the small size involved, the restricted environment within which they will operate, the 

procedures listed below, and pilot certification requirements, NAG’s proposed operations 

using the InstantEye Mk-2 would “not create a hazard to users of the national airspace 

system or the public or pose a threat to national security.” Reform Act Section 333(b)(1). 

1. The aircraft is approximately one pound with the camera payload. 

2. The aircraft will be identified by serial number, registered with the FAA, and 

have identification (N-Number) markings as large as practicable. 

3. Flights will be operated within visual line of sight of the pilot in command 

(PIC). 

4. Prior to each flight, a zero altitude initiation point will be established and 

confirmed for accuracy by PIC. 

5. Maximum flight time for each operational flight will be 30 minutes. 

6. The aircraft will be safely landed with no less than the greater of (a) 20% 

battery life remaining or (b) five minutes of flight time remaining. 

7. The aircraft will be operated during daylight and in VFR conditions. 

8. Flights will not exceed 500 feet AGL, so as to accommodate inspections of 

wind turbines. 

9. Flights will be operated at a lateral distance of at least 50 feet from any 

persons or property not associated with the operation who have not given 

prior permission. 

10. Flights will be limited to a groundspeed of 25 mph and vertical ascent will be 

limited to 20 mph. 

11. Minimum crew for each flight will consist of a PIC and an Observer. 
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12. The PIC will possess at least a private pilot certificate, a third class medical 

certificate, and will have completed NAG’s Basic Operator Course for the 

InstantEye Mk-2, which is equivalent to the two-day course offered by the 

manufacturer, Physical Sciences Inc. 

13. Prior to the flight, a Mission Plan will be created setting forth the limitations 

for the flight as well as contact information for the PIC. 

14. The flight operations will yield the right of way to other manned aircraft 

operations. 

15. All persons who are not involved with NAG’s operations will be required to 

be at least 500 feet from flight operations. 

16. The aircraft will only operate within the wind farms depicted in the operating 

area as shown by the maps included in Attachment 3. 

17. NAG will provide NOTAM details to the FAA 24 hours prior to each flight. 

18. All required permissions and permits will be obtained from territory, state, 

county or city jurisdictions prior to flight. 

19. Prior to commencing operations, NAG will obtain a Certificate of Waiver or 

Authorization (COA) from the FAA. 

20. Written or oral permission from the relevant property owners will be obtained 

prior to flight. 

21. If the aircraft loses communications, it will have the capability to return to a 

pre-determined location within the operational area and land. 

22. If the aircraft loses its GPS signal it will have the capability of being flown 

manually to a predetermined location within the operational area and land. 

23. The flight will be aborted in case of unpredicted obstacles or emergencies. 

24. Each flight will be recorded in an Operations Log Book. 

25. Maintenance on the aircraft will be recorded in a Maintenance Log Book. 
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3. Flight Recovery, Lost Communications, and Lost GPS 

Procedures 

The flight recovery, lost communications, and lost GPS procedures are fully documented in 

the attached InstantEye Training Manual. (Attachment 4) The lost communications 

functionality has been extensively tested and is used operationally. (See AWR# 

IEMK220130521, Attachment 1.) 

4. Proposed Flight Areas in Designated Wind Farms 

NAG is requesting to operate in designated wind farms identified in the NAG Flight 

Operations Areas Manual. (See Operating Areas, Attachment 3.) 

V. SPECIFIC FAR EXEMPTIONS REQUESTED 

NAG seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 61, 

and 91 for purposes of conducting the requested operations using the InstantEye Mk-2. 

Listed below are (1) the specific FAR sections for which exemption is sought, and (2) the 

operating procedures and safeguards that NAG has established which will ensure a level of 

safety better than or equal to the rules from which exemption is sought. See 14 C.F.R. § 

11.81 (e). 

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

C.F.R. § 91.203(a)(1) 

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

the Reform Act that the UAS selected provides an equivalent level of safety when compared 

to aircraft normally used for the same application. These criteria are met, and therefore no 

exemption is needed. See Grant of Exemption to Astraeus Aerial, Docket No. FAA 2014-

0352 at 13-14, 22. If, however, the FAA determines that there are some characteristics of the 

InstantEye Mk-2 that fail to meet the requirements of the Reform Act, an exemption is 

requested. 

Equivalent Level of Safety: The InstantEye Mk-2 is safe when taking into account its size, 

weight, speed, operational capability and prior approvals by the FAA and the U.S. Army 

Special Operations Command. The InstantEye Mk-2 weighs approximately one pound and 

will be flown at speeds less than 25 miles per hour, in visual line of sight of the operator, and 

in remote and unpopulated airspace. The InstantEye Mk-2 does not carry pilots, passengers, 

explosive materials, or flammable liquid fuels. The InstantEye Mk-2 will be operated within 

the parameters of the NAG Manuals.
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NAG will also provide the FAA with advance notice of all operations via NOTAM and 

coordination with the local FSDO. The proposed operations will be at least as safe as, or 

safer than, conventional rotorcraft operating with an airworthiness certificate without the 

restrictions and conditions proposed here. The proposed operations will also be as safe, or 

safer than, traditional wind turbine inspection methods using rope access. 

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category 

Rotorcraft 

14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent the InstantEye Mk-2 would otherwise require 

certification under Part 27, NAG seeks an exemption from Part 27’s airworthiness standards 

for the same reasons identified in the request for exemption from 14 C.F.R. Part 21, Subpart 

H. 

C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements 

14 C.F.R. §45.23(b), Markings of the Aircraft states: 

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

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

provisionally certificated aircraft, the operator must also display on that aircraft near 

each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches 

nor more than 6 inches high, the words “limited,” “restricted,” “light-sport, 

“experimental,” or “provisional,” as applicable. 

14 C.F.R. § 45.27(a) states: 

Rotorcraft. Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. 

14 C.F.R. § 91.9(c) states: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is identified 

in accordance with part 45 of this chapter. 

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

requirements was warranted provided that the aircraft “have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C if the markings are “as large as 

practicable.” See Exemption No. 11062, Docket No. FAA 2014-0352, at p. 14. 
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Equivalent Level of Safety: NAG will mark all InstantEye Mk-2s with their N-Number in a 

prominent spot on the fuselage with markings that are as large as practicable. 

D. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations 

NAG seeks exemption from 14 CFR § 61.113, which restricts private pilots from flying 

aircraft for compensation or hire and would also require a second class medical certificate. 

The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the 

airspace in which the PIC will be operating, as well as requiring certifications if the pilot is 

carrying passengers or cargo for hire. 

While the InstantEye Mk-2 will be operated as part of a commercial operation, it carries 

neither passengers nor cargo. In the Grant of Exemption in FAA Docket No. FAA-2014-

0352, the FAA determined that the unique characteristics of UAS operation outside of 

controlled airspace did not warrant the additional cost and restrictions attendant with 

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

FAA has also determined that the required knowledge for a commercial pilot covers the same 

fundamental principles as a private pilot. 

The PIC will possess at least a private pilot certificate, a third class medical certificate, and 

will have completed NAG’s Basic Operator Course for the InstantEye Mk-2, which is 

equivalent to the course offered by the manufacturer, Physical Sciences Inc. This is a 2-day 

program that includes ground school and flight training. This course has been approved by 

the U.S. Army Special Operations Aviation Command. See InstantEye Training Manual and 

InstantEye Mk-2 Operator Training Guide for more information on this course. (Attachments 

5 and 6) 

The FAA stated in its grant of an exception to Astraeus Aerial the “the FAA considers the 

overriding safety factor for the limited operations proposed by the petitioner to be the 

airmanship skills acquired through UAS-specific flight cycles, flight time, and specific make 

and model experience, culminating in verification through testing.” See Exemption No. 

11062, Docket No. FAA 2014-0352, at p. 18. The proposed operations can achieve an 

equivalent level of safety by requiring the knowledge and experience in InstantEye Mk-2 

operations described above. 

Furthermore, the security screening conducted by the Transportation Security Administration 

of certificated airmen satisfies the statutory requirement of Section 333 for operations to not 

pose a threat to national security. 

The restrictions NAG has placed on its InstantEye Mk-2 operations meet or exceed the 

restrictions similarly imposed on Astraeus Aerial in FAA Docket No. FAA-2014-0352. 

NAG will operate in a restricted area way from persons and property not involved in the 
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operation. The aircraft will be flown based on VLOS at or below 500 feet AGL, so as to 

accommodate inspections of wind turbines. A NOTAM will be issued at least 24 hours 

before the flight is to occur, and the flight will be coordinated with the applicable FSDO. 

E. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

NAG seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in 

airworthy condition to be operated. The FAA has stated that no exemption is required to the 

extent that the requirements of Part 21 are waived or found inapplicable. Accordingly, NAG 

requests that the requirements for Section 91.7 be treated in accordance with FAR Part 21 

Subpart H. See Grant of Exemption No. 11062, p. 19. 

F. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the 

Aircraft; 14 C.F.R. §§ 91.203(a) and (b): Carrying Civil Aircraft 

Certification and Registration 

Pursuant to 14 C.F.R. § 91.9(b)(2): 

(b) No person may operate a U.S.-registered civil aircraft - 

 ... 

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 

21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and placards, or any combination thereof. 

Pursuant to 14 C.F.R. § 91.203(a) and (b): 

(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... 

(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. 

NAG does not request an exemption from this section but instead notifies the FAA that, in 

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

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

station with the PIC during flight. The Chief Counsel’s Office has held that for all UAS 
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operations, this alternate method constitutes full compliance with the regulations. See also

Grant of Exemption No. 11062, pp. 19-20, and Grant of Exemption No. 8607. 

G. 14 C.F.R. § 91.103: Preflight Action 

NAG seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar 

with specific information before each flight, including information contained in the FAAapproved Flight Manual on board the aircraft. The aircraft will not have a Flight Manual on 

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

landing and takeoff distances and aircraft performance data before initiation of flight. Under 

these circumstances, the FAA has stated that no exemption is required. See Grant of 

Exemption No. 11062, p. 20. An exemption is requested to the extent that an FAA-approved 

Flight Manual is required. 

Equivalent Level of Safety: An equivalent level of safety will be provided by following the 

NAG Manuals. The PIC will take all required preflight actions - including performing all 

required checklists and reviewing weather, flight requirements, battery charge, landing and 

takeoff distance, aircraft performance data, and contingency landing areas - before initiation 

of flight. The NAG Manuals will be kept at the ground station with the operator at all times. 

H. 14 C.F.R. § 91.109(a): Flight Instruction

NAG seeks an exemption from 14 C.F.R. § 91.109(a), which provides that “[n]o 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.” UASs and remotely piloted aircraft, 

by their design, do not have functional dual controls. Instead, flight control is accomplished 

through the use of a Ground Control Station (GCS) that communicates with the aircraft via 

radio communications. 

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the 

aircraft and the GCS will be a safe distance from the aircraft and the public, causing no 

safety hazard. Given the size and speed of the InstantEye Mk-2, an equivalent level of safe 

training can still be performed without dual controls because no pilot or passengers are 

aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft 

experiences any difficulties during flight instruction. In addition, NAG will conduct flight 

training at a remote facility away from population centers. These training flights will be 

conducted in a sterile area and will otherwise comply with the provisions in the NAG 

Manuals. Accordingly, NAG’s proposed method of operation provides superior levels of 

safety. 
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I. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes in Uncongested 

Areas

NAG requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 

91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 500 

feet to any person, vessel, vehicle, or structure. NAG’s Manuals provide for operations on 

wind farms away from congested populations areas, but in close proximity to wind turbines 

and towers. The FAA has already determined that relief from Section 91.119(c) is warranted 

for UAS operations in uncongested areas with similar flight restrictions as those imposed by 

NAG. See Grant of Exemption No. 11062, p. 20-21. 

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more 

than the maximum weights proposed herein, and given the lack of flammable fuel, 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 InstantEye Mk-2, as well as the location where it is operated. In order to avoid any risk to 

aircraft, flight operations will be restricted to 500 feet AGL or below. Other aircraft are 

already prohibited from operating closer than 500 from the wind turbine structures where 

NAG proses to operate. This is airspace where other aircraft do not normally operate. As set 

forth in the NAG Manuals, the InstantEye Mk-2 will be operated in remote areas, away from 

persons or structures not involved in the operation. All persons who are not involved with 

NAG’s operations will be required to be at least 500 feet from flight operations. This will 

pose no risk to the public because other aircraft are not operating in these areas. Attachment 

3 includes maps of the wind turbine areas where NAG proposes to operate. 

J. 14 C.F.R. § 91.121: Altimeter Settings

This petition seeks 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. The InstantEye Mk-2 uses both barometric pressure 

sensors and GPS to determine altitude but does not have the ability to set in a current 

altimeter setting. An exemption is required to the extent that the InstantEye Mk-2 does not 

have a barometric altimeter setting. The altitude of the aircraft is monitored by the PIC on the 

ground control station and by the visual observer. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety can be 

achieved if the aircraft will be operated at or below 400 feet AGL and within visual line-ofsight in addition to GPS based altitude information relayed in real time to the operator. See 

Grant of Exemption No. 11062, p. 20-21. As the attached NAG Manuals indicate, the 

InstantEye Mk-2 will be operated at or below 500 feet AGL and otherwise complies with the 

limitations in the Grant of Exemption No. 11062. 
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K. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR

Conditions

NAG 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 InstantEye Mk-2 battery power means that no 

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

The aircraft is battery powered with a maximum flight time of 20 to 30 minutes. NAG 

proposes that the maximum flight time for each operational flight will be 30 minutes. The 

aircraft will be safely landed with no less than the greater of (a) 20% battery life remaining 

or (b) five minutes of flight time remaining. 

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided 

if the UAS flight is conducted under daytime VFR flight conditions using VLOS, and 

terminated with at least 25% reserve battery power still available. See Grant of Exemption 

No. 11062, p. 21-22. The NAG Manuals providing an equivalent level of safety by safely 

landing with no less than the greater of (a) 20% battery life remaining or (b) five minutes of 

flight time remaining and otherwise complying with the flight restrictions above. 

L. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and 

(b): Maintenance Inspections

NAG seeks an exemption from the maintenance inspection requirements contained in 14 

C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections ... 

have discrepancies repaired as prescribed in part 43 of this chapter”). An exemption from 

these regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the InstantEye Mk-2 will not have. 
U.S. Department of Transportation 

November 12, 2014 

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sd-652139 

Equivalent Level of Safety: An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the NAG Manuals. This 

includes maintenance, overhaul, replacement, and inspection requirements for the aircraft 

and procedures to document and maintain maintenance records for the aircraft. This also 

includes preflight inspection procedures. See Exemption No. 11062, Docket No. FAA 2014-

0352, at p. 14-15. 

As provided in the NAG Manuals, flights will not be conducted unless a flight operations 

checklist is performed that includes all of the aircraft’s components. The NAG Manuals also 

set requirements for maintenance log books and record keeping as well as routine and postflight maintenance. The NAG Manuals set requirements for both annual maintenance and 

preventative maintenance. 

VI. PUBLIC INTEREST 

Granting NAG’s petition for exemption furthers the public interest. National policy set by 

Congress favors early integration of UAS into the NAS in controlled, safe working 

environments such as those proposed in this petition. By granting this petition the FAA will 

fulfill Congress’s intent of allowing UAS to operate safely in the NAS before completion of 

the rulemaking required under Section 332 of the Reform Act. 

In addition, unmanned aircraft operations could replace the use of rope access or helicopters 

and small aircraft to monitor wind turbines. Traditionally, monitoring and inspection of the 

turbines involves an individual using either a manned aircraft or rope access to climb the 

large tower in order to visually inspect the turbine’s blades for edge erosion, moisture 

intrusion, freeze/thaw cycling and lightning strikes, among other damage. Knowing the 

condition of the turbine’s blades is essential to maximizing blade life. Thus, the inspections 

are intended to ensure that wind generation as a whole is both safe and reliable. 

Yet performing this vital activity presents significant risk to the individual climbing the 

turbine or operating the manned aircraft in the vicinity of the turbines. For example, a 2011 

newspaper article regarding wind and solar-powered installations noted accidents involving 

wind turbines have tripled in the last decade. At least 78 wind-turbine related fatalities have 

occurred since the 1970s, with more expected as wind installations spread.1 Use of an 

unmanned aircraft, like NAG’s proposed used of the InstantEye Mk-2 would significantly 

reduce the risk associated with turbine inspection. 

 

1

 “More Accidents Feared as Wind, Solar-Powered Installations Spread,” 8/14/2011 Los Angeles Times article 

located online at http://www.toledoblade.com/Energy/2011/08/14/More-accidents-feared-as-wind-solar-powerinstallations-spread.html. 
U.S. Department of Transportation 

November 12, 2014 

Page Seventeen 

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The InstantEye Mk-2 is approximately one pound, carries no passengers or crew, has no 

flammable fuel, as opposed to larger and more powerful helicopters and small airplanes. 

The public has an interest in reducing the hazards and emissions associated with alternate use 

of helicopters and small airplanes to conduct similar inspection operations. 

Additionally, NAG’s intended uses for the InstantEye Mk-2 have real-world benefits for the 

renewable energy industry and the public at large. NAGs will be able to inspect and survey 

wind turbine blades and towers supporting the renewable energy industry. The use of the 

InstantEye Mk-2 will also reduce the risks to human life associated with the traditional use of 

rope access for these operations. This program may prevent accidents and injuries, and there 

is a strong public interest in making these operations more safe and effective through the use 

of UASs. 

VII. PRIVACY 

All flights will occur on remote wind farms over private or controlled access property with 

the property owner’s prior consent. All flights will be conducted in accordance with any 

federal, state or local laws regarding privacy. 

VIII. SUMMARY FOR FEDERAL REGISTER 

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: 

Notus Access Group seeks an exemption from the following rules for the commercial 

operation of a small unmanned aerial system to inspect wind turbine blades and towers for 

the renewable energy industry: 14 C.F.R Part 21, Subpart H; 14 C.F.R Part 27; 14 C.F.R § 

45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 C.F.R § 

91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 

14 C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 

91.405(a); 14 C.F.R § 91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). 

The exemption will enhance safety by reducing risk to the operator, the general public and 

property owners from the substantial hazards associated with performing equivalent work 

using traditional rope access or using conventional aircraft and rotorcraft. 
U.S. Department of Transportation 

November 12, 2014 

Page Eighteen 

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IX. ATTACHMENTS 

Attachment 1: AWR# IEMK220130521 

Attachment 2: Exemption No. 10968, Regulatory Docket No. FAA-2013-1127 

Attachment 3: NAG Flight Operations Areas– submitted confidentially under 

separate cover. 

Attachment 4: NAG Operations, Inspection, and Maintenance Manual - submitted 

confidentially under separate cover. 

Attachment 5: InstantEye Mk-2 Training Manual - submitted confidentially under 

separate cover. 

Attachment 6: InstantEye Mk-2 Operator Training Guide - submitted confidentially 

under separate cover. 

Attachment 7: InstantEye Mk-2 Specifications - submitted confidentially under 

separate cover. 

Attachments 3 through 7 are confidential documents submitted under 14 C.F.R. § 11.35(b) 

and are exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552 et 

seq., and any other requirements established by the FAA pursuant to Section 333 of the 

Reform Act). If you have any questions or require any additional information, please do not 

hesitate to contact the undersigned attorneys for Notus Access Group. 

X. CONCLUSION 

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

operating capabilities, proximity to airports and populated areas, operation within visual line 

of sight, and national security considerations - provides more than adequate justification for 

the grant of the requested exemptions to permit NAG to operate the InstantEye Mk-2 for 

inspections of wind turbine blades and towers for the renewable energy industry. 

Granting the requested exemption will benefit the public interest as a whole in many ways, 

including (1) significantly improving safety and reducing risk by alleviating human exposure 
U.S. Department of Transportation 

November 12, 2014 

Page Nineteen 

sd-652139 

to danger, and (2) improving the quality of services and decreasing operating costs compared 

with traditional rope access or conventional flight operations. 

Respectfully submitted, 

Morrison & Foerster LLP 

Counsel for Notus Access Group 

By 

William V. O’Connor 

William D. Janicki 

Joanna L. Simon 

Morrison & Foerster LLP 

12531 High Bluff Drive, Suite 100 

San Diego, CA 92130-2040 

Telephone: (858) 720-5100 

Facsimile: (858) 720-5125 

woconnor@mofo.com 

wjanicki@mofo.com 

joannasimon@mofo.com
Attachment 1 

 








Attachment 2 
AFS-14-084-E 

April 1, 2014 

 Exemption No. 10968 

 Regulatory Docket No. FAA-2013-1127 

Mr. Dallas Cormier, SD1173 

San Diego Gas & Electric, Sempra Energy 

101 Ash Street 

San Diego, CA 92101 

Dear Mr. Cormier: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letters dated December 20, 2013 and January 14, 2014, you petitioned the Federal 

Aviation Administration (FAA) on behalf of San Diego Gas & Electric (SDGE) for an 

exemption from §§ 91.9(b)(2) and 91.203(a) and (b) of Title 14, Code of Federal Regulations 

(14 CFR). That exemption would allow SDGE to operate the InstantEye MK-2 N544L and 

N500VD unmanned aerial vehicles (UAVs) without carrying and displaying the airworthiness 

certificate, registration, flight manual, and any other required documentation onboard the 

aircraft. You requested that all required paperwork be located at the ground control station or 

within close proximity to the pilot in command. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to SDGE. 

The FAA has issued grants of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 8607 (copy enclosed), the FAA 

found it unnecessary to carry and display the airworthiness, certification, and registration 

documents in unmanned aircraft systems (UASs) and UAVs for the operations described by 

the petitioner. The original intent of the subject regulation was to display the airworthiness, 
2 

certification, and registration documents so they would be easily available to inspectors and 

passengers. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 8607; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 8607 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA 

Administrator has delegated to me, San Diego Gas & Electric is granted an exemption from 

14 CFR §§ 91.9(b)(2) and 91.203(a) and (b) that allows SDGE to operate the InstantEye MK2 N544L and N500VD UAVs without carrying and displaying the airworthiness certificate, 

registration, flight manual, and any other required documentation onboard the aircraft, subject 

to the following conditions and limitations described below. 

Conditions and Limitations 

1. Compliance with the conditions and limitations stipulated in the Certificate of 

Waiver or Authorization (COA) for San Diego & Gas Electric UAS operations. 

Exemption No. 8607 was issued as a permanent exemption. The FAA, however, finds it in the 

best interest of safety to review this exemption every 2 years. This allows the FAA to ensure 

that there has been no change in circumstances or regulations from which the exemption is 

granted. 

This exemption terminates on April 30, 2016, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosure