Safe Retrieve, LLC

Attn: Noah J. Truax

4355 Peavey Road, Suite 300

Chaska, MN 55318

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CFR 

91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.103; 14 CFR 91.105; 14 CFR 91.109; 14 CFR 91.119(c); 14 CFR 

91.121; 14 CFR 91.151 (a); 14 CFR 91.203 (a) and (b); 14 CFR 91.405 (a); 14 CFR 91.407 (a) (1); 14 CFR 

91.409 (a) (1) and (2); 14 CFR 91.417 (a) and (b)

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

CFR Part 11, Noah J. Truax of Safe Retrieve, LLC, operator of an Unmanned Aircraft System (UAS), hereby 

applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial 

operation of its UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as may be established by the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, equipped with camera(s) and sensors, would 

operate in the following manner:

Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

Aerial video and/or photography for public and/or private use including television, public 

events, and cinematography.

Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.
The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the 

protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry presently using conventional 

aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportations (the FAA Administrator’s) responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.”

The name and address of the applicant is:

Safe Retrieve, LLC

Attn: Noah Truax, Customer Relations Manager/Chief Pilot

Ph: 612-424-4792

Email: ntruax@saferetrieve.com

Address: 4355 Peavey Road, Suite 300, Chaska, MN 55318

Regulations from which exemption is requested:

14 CFR 21 subpart H

14 CFR 45.23(b)

14 CFR 61.113(a) and (b)

14 CFR 91.7(a)

14 CFR 91.9(b) (2)

14 CFR 91.103

14 CFR 91.105

14 CFR 91.109

14 CFR 91.119(c)

14 CFR 91.121
14 CFR 91.151 (a)

14 CFR 91.203 (a) and (b)

14 CFR 91.405 (a)

14 CFR 91.407 (a) (1)

14 CFR 91.409 (a) (1) and (2)

14 CFR 91.417 (a) and (b)

Safe Retrieve, LLC will operate the DJI Inspire 1, Model T600, with a total weight of 2935g or 6.47 lbs. 

The dimensions are 438mm x 451mm x 301mm or 17.24inch x 17.57inch x 11.85inch. Under still air, the 

maximum speed is no more than 22m/s or 49mph with a cruising speed of 11m/s or 25 mph. The DJI 

Inspire 1 has the ability to hover and move along a vertical and horizontal plane simultaneously. The DJI 

inspire 1 has four motors, Motor Model DJI 3510, powered by a 6-cell 4500mAh or 5700mAh Lithium 

Polymer battery. There are four propellers, Propeller Model DJI 1345, in use. The DJI Inspire 1 will be 

controlled with the C1 remote controller with an operating frequency of 2.400GHz – 2.483GHz. The live 

video feed will have an operating frequency of 5.728GHz – 5.850GHz. According to the DJI Inspire 1 

operating manual, the UAS complies with part 15 of the FCC rules. The applicant will operate the UAS in 

line of sight within a predetermined area owned and/operated by the property representative. For 

informational reference concerning the UAS involved with this petition, the UAS operating manual may 

be accessed here. The UAS maintenance manual may be accessed here. The UAS manufacturer safety 

and battery safety guidelines can be accessed here and here, respectively.

Given the small size of the UAS and the controlled environment provided, the proposed operations will 

adhere to the Reform Act’s safety requirements. The approval of this application presents no national 

security issues. Regarding the level of safety surrounding the proposed operations and the public 

benefit, reduction in environmental impacts, including but not limited to reduced emissions and noise, 

the grand of the requested exemption is in the public interest. Accordingly, the applicant requests that 

the FAA grant the requested exemption with a minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because operations will 

further enhance the safety of the persons and/or property using conventional aircraft.

These limitations and conditions to which the applicant agrees to adhere when conducting commercial 

operations under the FAA issued exemption as set forth in the Flight Operations (FOM) include:

The UAS will weigh less than 55 lbs.

The UAS will have a maximum operating speed of no more than 50mph

Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual Observer 

(VO).
Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 

25% battery power reserve or 30 minutes of flight time, whichever occurs first.

Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and 

almost all planned production cinematography/photography is planned to be generally 

stationary hover or slow moving hover at or below 100 feet or AGL. Any higher heights 

would mostly be involved only to keep VLOS in the event of any necessity to re-position the 

UAS from one location on a property to another where any tall trees or other obstacles are 

present.

The general environment of the locations in which flight of the UAS will take place are mid to 

large-acre private properties and mostly open fields. The general intended usage of the 

UAS is merely to elevate a digital sensor (camera) to a height of usually no more than 50

feet to 75 feet AGL in order to achieve a certain perspective and aspect angle of the 

property and subjects being filmed. The hazards associated with the locations of intended 

shooting would be any large trees which could obstruct VLOS, any power or telephone lines 

in the immediate vicinity, and the houses on the properties to be filmed. These risks and 

hazards will be mitigated by thorough final site survey prior to shooting to ensure that all 

persons involved with UAS flight and film production in general are aware of the hazards in 

the area and can maintain a sense of vigilance to say something if they see anything that 

seems to present a hazard when the UAS is in flight. Also, the PIC and a VO, when used, will 

mitigate these risks by maintaining at least a 30’ lateral and 20’ vertical separation between 

any hazard (above-mentioned or otherwise, except where more separation is required by 

regulation) and a height and position sufficient to maintain VLOS, whichever is greater, not 

to exceed 400 feet AGL.

The Crew for each operation will generally consist of the UAS pilot, but may also include a Visual 

Observer (VO) as necessary for safety, and may also include (but is not limited to) a Camera 

Operator.

The primary UAS pilot (the applicant) will be a designated Pilot in Command (PIC) and hold a 

Commercial Pilot’s License, along with a Second or higher Class Medical Certificate. If the 

PIC feels another operator to be qualified with the necessary skills to be PIC & possesses a 

Commercial Pilot’s License along with a Second or higher Class Medical Certificate, that 

person may be designated PIC provided they have a minimum of 20 hours of flight time 

with the UAS.

A briefing will be performed regarding the planned UAS operations prior to each day’s flight 

consisting of all the day’s production activities. Any VO will be briefed prior to serving 

duties as VO as to what risks and hazards are associated with the maneuvers and 

procedures required of the day’s production schedule.

All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

The flights will occur no closer than a 5 mile radius of the geographic center/Airport Reference 

Point (ARP) of a tower controlled or uncontrolled airport.
If operations will be within a 5 mile radius of the geographic center/Airport Reference Point 

(ARP) of a tower or uncontrolled airport, the respective airports will be contacted with 

advice on the operation’s estimated flight time, flight duration, elevation of flight, and 

other pertinent information.

The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the requested 

exemption and as appropriate/required given current regulations and guidelines, with the 

appropriate local Flight Standards District Office (FSDO) no more than 72 hours, but no less 

than 48 hours from planned operation.

The operator will obtain verbal/written consent of all persons involved with the planned 

operation and ensure that only consenting persons thereof will be allowed within 100 feet 

of the flight operation, and the radius may be reduced to 30 feet based upon an equivalent 

level of safety discrimination, as required under FOM. With the advanced permission of the 

FSDO, operations at closer range may be approved.

The PIC and any VO will be able to communicate by voice, radio, and/or text at all times.

Required written and/or verbal permission and permits will be obtained from territorial, state, 

country, or city jurisdictions, including law enforcement, fire, or other governmental 

agencies as appropriate.

If the UAS loses communications with the remote controller or loses GPS signal, the UAS will 

have the capability to return to a pre-determined location within a designated location and 

land autonomously.

The UAS will have the capability to abort a flight in case of unpredicted obstacles, weather, or 

emergencies.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area 

associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and section 333 of the Reform Act. The 

Federal Aviation Act (49 USC §44701 (f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability, and proximity to airports and populated areas of the particular 

UAS. In all cases, an analysis of these criteria demonstrates that the conditions proposed will be at least 

as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with airworthiness 

certificate without the restrictions and conditions proposed.

The UAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials nor flammable liquid fuels, and operates exclusively within a supervised

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by both the operator and under the requirements of compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and property 
owners than conventional operations conducted with airworthiness certificates issued under 14 CFR 

Part 21, Subpart H. Lastly, application of these safe criteria demonstrates that there is no credible threat 

to national security posed by the UAS, due to its size, speed of operation, location of operation, lack of 

explosive materials or flammable liquid fuels, and inability to carry a substantial external load.

14 CFR §45.23 (b). Marking of the Aircraft

The regulation requires:

When marks include only 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,” “lightsport,” “experimental,” or “provisional,” as applicable.

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

will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be 

placed. Given the size of the UAS, two-inch lettering will be impossible. The word “Experimental” will be 

placed on the fuselage in compliance with § 45.29 (f).

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAS will see the identification of the 

UAS as “Experimental.”

14 C.F.R. § 61.113 (a) and (b): Private Pilot Privileges and Limitations: Pilot in Command.

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as a pilot in 

command of an aircraft that is carrying passengers or property for compensation or hire. Safe Retrieve

LLC may achieve an equivalent level of safety as achieved by current Regulations because the applicant’s 

UAS does not carry any pilots, passengers, or property. The risks attendant to the operation of UAS is far 

less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. The PIC of the UAS 

will have at least a Private Pilot’s License (currently, the applicant holds a commercial pilot’s license) 

along with a current Third Class (or higher as appropriate) Medical Certificate, exceeding the current 

safety levels in relation to 14 CFR 61.113 (a) & (b). The operation and limitations set forth in the FOM 

will equate to the safe operation of the UAS.

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

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no 

FAA regulatory standard will exist for determining airworthiness. Given the size of the aircraft for

maintenance and use of safety check lists prior to each flight an equivalent level of safety will be

provided.

14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft.
Section 91.9 (b) (2) provides: No person may operate an U.S.-registered civil aircraft ... (2) For which an

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in 

the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material,

markings, and placards, or any combination thereof. The UAS, given its size and configuration has no

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, 

but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of 

safety will be maintained by keeping the flight manual at the ground control point where the pilot flying 

the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action.

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

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption 

will be needed. The PIC will take all actions as stated in the FOM in Section 4 under Normal Procedures 

including but not limited to reviewing weather, flight battery requirements, landing and takeoff 

distances and aircraft performance data before initiation of flight.

14 C.F.R. §91.105: Flight Crewmembers at Stations.

This regulation generally states that required crewmembers must wear their shoulder harness during 

take-offs and landings, but this regulation also stimulates the exception thereto, wherein an aircraft 

crew station that does not have shoulder harnesses installed alleviates this responsibility, or, wherein 

crewmember duties cannot be performed while a shoulder harness is installed, the responsibility is 

alleviated. Perhaps no exception is needed in the case of the applicant because there is no crewmember 

station involved with the UAS associated herewith. The UAS is controlled remotely using a hand-held 

remote control. However, if exception is deemed necessary, it should be noted that an equivalent or 

better level of safety to which this regulation strives is achieved by crewmembers being physically on 

the ground at all times.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that 

is being used for flight instruction unless that aircraft has fully functioning dual controls. UAS and

remotely piloted aircraft, by their design do not have fully functional dual controls. Flight control is

accomplished through the use of a control box that communicates with the aircraft via radio

communications. The FAA has approved exemptions for flight training without fully functional dual

controls for a number of aircraft and for flight instruction in experimental aircraft. The equivalent level 

of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft.

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

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating the

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption 

is for a UAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 

AGL. As set forth herein, the UAS will never operate at higher than 400 AGL No flight will be taken 

without the required/appropriate permission of the property owner or local officials. Because of the 

advance notice to the property owner and participants in the filming activity, all affected individuals will 
be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk 

associated with these operations is far less than those presently presented with conventional aircraft 

operating at or below 500 AGL. In addition, the low altitude operations of the UAS will ensure separation 

between these UAS operations and the operations of conventional aircraft that must comply with 

Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the UAS may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, 

pursuant to the safety check list and live flight data monitoring, confirming the altitude of the launch 

site shown on the GPS altitude indicator before flight.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing, and, assuming normal cruising speed – (1) During the day, to fly after that for at least 

30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery powering the UAS 

provides approximately 30 minutes of powered flight. To meet the 30 minute reserve requirement in 14 

CFR §91.151, UAS flights would be limited to approximately 10 minutes in length. Given the limitations 

on the UAS’s proposed flight area and the location of its proposed operations within a predetermined 

area, a longer time frame for flight in daylight or twilight VFR conditions is reasonable. Applicant 

believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating 

the UAS, in a tightly controlled area where only people and property owners or official representatives 

who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender 

the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small 

UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the utility for which the 

exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by 

limiting flights to 30 minutes or 25% of battery power—whichever happens first. This restriction would 

be more than adequate to return the UAS to its planned landing zone from anywhere in its limited 

operating area.

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

The regulation provides in pertinent part:

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

following:

(1) An appropriate and current airworthiness certificate. . . .

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) 

of this section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs. 

and is operated without an onboard pilot. As such, there is no ability or place to carry certification and 

registration documents or to display them on the UAS. An equivalent level of safety will be achieved by 
keeping these documents at the ground control point where the pilot flying the UAS will have 

immediate access to them, to the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as

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

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. Given that these section and 

Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the 

applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and 

operating handbook. An equivalent level of safety will be achieved because the UAS is very limited in 

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

mechanical issues arise the UAS can land immediately and will be operating from no higher than 400 

feet AGL. The operator will ensure that the UAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the 

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition 

to provide the equivalent level of safety. An equivalent level of safety will be achieved because 

maintenance and inspections will be performed in accordance with the UAS Manufacturer's User 

Manual. As provided in the FOM, the operator will ensure that the UAS is in working order prior to 

initiating flight and perform required maintenance needed.

Additional Information

The applicant, Noah J. Truax, has six years of military helicopter flight experience as a rated crewmember and over 850 hours of combined flight time as a military aviator in the Bell 206 Jet Ranger (TH67) helicopter and the Boeing AH-64D Apache Longbow helicopter, with over 150 hours of PIC time in 

the AH-64D. He currently holds a Commercial Pilot Certificate with Rotorcraft-Helicopter and Instrument 

Helicopter ratings. Also, the primary pilot, Noah J. Truax, has a sterling aviation safety record and is well 

aware of factors that increase and decrease risks and hazards involved with flight in controlled and 

uncontrolled airspace. Satisfaction of criteria provided in Section 333 of the Reform Act of 2012 provide

more than adequate justification for the grant of the requested exemptions allowing the commercial

operation of the applicant’s UAS.

Sincerely,

Noah J. Truax