LANIER FORD 

Lanier Ford Shaver & Payne P.C. 

Attorneys at Law 

2101 West Clinton Ave., Suite 102 

Huntsville, Alabama 35805 

Mailing Address: 

P. 0. Box 2087 • Huntsville, Alabama 35804 

256-535-1100 Office May 21, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W 12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Jonathan F. Mayhall 

Attorney at Law 

256-533-9322 fax 

jfm@lanierford.com 

LanierFord.com 

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

Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, Subpart H and 14 

C.F.R. §§ 61.23(a), 61.101(e)(4) 61.113(a) and (b), 61.133(a), 61.315(a), 91.7(a), 91.9(b), 

91.119, 91.121, 91.151(a), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and 

ili1 

Dear Sir or Madam: 

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

"Act") and 14 C.F.R. Part 11, AirGon, LLC ("AirGon") seeks exemption from the Federal 

Aviation Regulations ("FARs") identified below. AriGon seeks expedited approval and 

exemption to allow commercial use of its AV-900 small Unmanned Aircraft System 

("UAS") for the purpose of aerial photography, data collection, training programs, and 

demonstration flights. All operations will follow strict operational limitations as 

described in this document and the attached "AV-900 Mission Planning Guide/' "AV-900 

Operations Guide/' the "AV-900 System Guide/' the "AV-900 Training Guide/' and the 

"AV-900 Pre-flight Checklist" (collectively, the "Operating Documents"), as well as all 

recommendations, limitation, and conditions by the FAA. 

A. Background. 

1. AirGon, LLC. 

AirGon is the airborne micro metric mapping subsidiary of the GeoCue Group 

("GeoCue"). GeoCue has been providing workflow and production solutions for sensor-
based mapping since 2003. GeoCue has a long history in providing tools and 

technology used in creating accurate mapping products from manned aircraft sensor 

data. GeoCue is now applying this reservoir of experience to the challenges of collecting 

metric mapping information using low cost technology. 

AirGon is focused on creating metric mapping information from hypereconomical, small UA5. AirGon offers a complete range of products and services aimed 

at rapid collection of accurate analytic data and the creation of 2D and 3D derivative 

products. 

2. AV-900. 

The AV-900 is a vertical take-off and landing ("VTOL") hexcopter built on the DJI5900 commercial kit. It is 39.4" diameter, 19.7" tall (excluding the 7.9" GN55 mast) and 

has a typical takeoff weight of 14.872 lbs. (with a standard 65 21,000mAh battery, NEX-5 

camera and 20 mm lens) and maximum takeoff weight of 18.07 lbs. The AV-900 system 

uses the "3D" Robotics "Pixhawk" realization of the PX4 autopilot system, which 

supports the multiple waypoint navigation necessary for precision mapping and 

contains a number of failsafe features to ensure safe operations. For additional 

information on the AV-900 please see the Operating Documents, which specify 

manufacturing information, aircraft performance, operating limits, normal and 

emergency operating procedures, and maintenance procedures. Although the AV-900 

is a proprietary system, all major components of the system have been approved in 

previous grants of exemption. UA5 based on the DJI-5900 kit have been previously 

approved by the FAA in Exemptions 11305 and 11326, and UA5 incorporating the 

Pixhawk autopilot have been approved in Exemptions 11192 and 11166. All operating 

parameters in this case are identical or substantially similar to the approved operating 

parameters in the Exemptions listed above as well as those in Exemptions 1109, 1112, 

and 11213. 

B. Publication in the Federal Register. 

Pursuant to 14 C.F.R. § 11.87, AirGon requests that the FAA not publish this 

petition request in the Federal Register and not delay action based on the following: 

1. This petition for exemption does not set precedent. 

2. The requested relief is identical or substantially similar to the that granted 

previously, specifically, Exemptions Nos. 11062, 11109, 11112, 11213, 11305, 

11326, 11192, 11166, and others. 

3. A delay in action on this petition would result in lost opportunities revenues from 

potential operations as well as a delay in the public benefit of granting this 

2 
petition. In addition, a competitive advantage for unapproved commercial UAS 

operators exists and continues to grow every day. 

Notwithstanding your decision on whether to publish this petition in the Federal 

Register, all of the Operating Documents submitted with this petition contain 

confidential, proprietary information that is not available to the general public. Pursuant 

to 14 C.F.R. § 11.35(b), AirGon requests that the Operating Documents not be published 

in the Federal Register or made available to the general public. 

C. Statutory Authority. 

1. FAA Modernization and Reform Act of 2012, Section 333. 

Section 333(a) states that the FAA "shall determine if certain unmanned aircraft 

systems may operate safely in the national airspace before completion of the plan and 

rulemaking required by section 332." Section 333(b) lays out factors for the FAA to 

consider in making the determination under Section 333(a). Specifically, the FAA shall 

determine "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." Section 333(b)(2) 

also specifies that the FAA shall determine whether a certificate of authorization or 

airworthiness certification is required for the operation of an UAS. Finally, Section 333(c) 

provides that the "Secretary shall establish requirements for the safe operation of such 

aircraft systems in the" NAS. As noted above, the FAA has previously found that UAS 

substantially similar to the AV-900 meet the requirements of Section 333 and 

accordingly has granted exemptions from the regulations at issue in this petition. 

2. How AirGon meets the criteria laid forth in Section 333. 

Below are the criteria laid forth in Section 333(b) and a detailed description of how 

AirGon meets each of these criteria. 

a. Size, Weight, and Speed. 

The AV-900's airframe weighs 8.85 lbs. and it has a maximum takeoff 

weight of 18.08 lbs., when loaded with battery and camera, its diameter is 39.4," and its 

height is 19.7". The maximum horizontal speed is 20 mph and the maximum climb and 

decent rates are 200 fpm. The AV-900 is a small, lightweight aircraft that operates at 

relatively slow speeds and will pose little to no hazard to people or structures on the 

ground. Therefore, the size, weight, and speed of the AV-900 make it a considerably 

3 
safer alternative to manned, fixed wing or rotary aircraft for aerial imaging and mapping 

applications. 

b. Operational Capacity. 

The primary function of the AV-900 is to collect high resolution/high 

accuracy mapping data in support of small area metric mapping operations. High 

resolution data generated from the cameras on the AV-900 offer a wide range of 

applications including: orthophoto generation, precision asset location, dense point 

cloud collection, volumetric analysis, and other related small area mapping tasks. The 

sites where AirGon intends to operate are controlled access areas such as quarries, 

surface mines, and construction sites during the grubbing and surface preparation 

phases. The maximum size is typically less than 556 acres with an average size around 

140 acres. The data from these flights will help companies and mine operators 

maximize mine yields, and will improve the efficiency of construction site preparation, 

which is of great benefit to the economy and to the public. 

The AV-900 is a vertical take-off and landing system. Therefore, it can be 

launched on-site, without need for a runway or transit to and from the site. Once 

airborne, the AV-900 will fly at an altitude of 400ft. AGL or less over the designated site. 

Prior to the Flight in accordance with the procedures set out in the Operational 

Documents, the Pilot in Command ("PIC') sets a designated flight area and flight 

parameters to ensure that the AV-900 will remain within the confines of the site, not 

exceed a maximum altitude of 400 ft. AGL, and remain within the visual line of sight 

("VLOS") of the PIC and Visual Observer ("VO"). In the event of a critical issue such as a 

low battery state or loss of data link, the AV-900 will perform a safe landing procedure 

or return-to-launch sequence. In addition, the PIC may override the autopilot with 

manual control if necessary. Additional information about the operational capacity of 

the AV-900, including safety procedures can be found in the attached Operational 

Documents. The AV-900's small operational footprint and built-in safety protocols 

provide a safer alternative for aerial imaging than manned aircraft and would pose a 

minimal hazard to the NAS or the public. 

c. Proximity to Airports/Populated Areas. 

As noted above, AirGon plans to use the AV-900 to primarily conduct 

operations over mining, quarry, and construction sites. All AirGon operations will be 

conducted over private, controlled access property. The job sites where AirGon will 

operate are typically secured with perimeter fencing and regulated by the Occupational 

Safety and Health Administration ("OSHA") and/or the Mine Safety and Health 

Administration ("MSHA"). In addition, many of the job sites will likely be in remote or 

4 
industrial areas away from populated areas. In the event that one of the job sites are 

within 5 NM of an airport, AirGon will take all appropriate safety measures including 

obtaining a letter of agreement with the airport's management. By operating at low 

altitudes over controlled access, generally remote sites, the AV-900 will pose minimal 

risk to the NAS and individuals and property on the ground. 

d. Visual Line of Site ("VLOS"). 

The AV-900 will be flown in accordance with day Visual Flight Rules ("VFR") 

and only in Visual Meteorological Conditions ("VMC") during day-light hours. The AV900 will operate within 1NM and VLOS of the PIC and the Visual Observer ("VO") 

positioned next to the PIC at an altitude of 400 ft. AGL or less. The PIC and VO will be 

responsible for ensuring that the AV-900 remains within VLOS at all times. Should the 

AV-900 escape VLOS, the PIC will engage the AV-900's safety features to ensure that the 

AV-900's flight is safely terminated in accordance with the procedures set forth in the 

Operational Documents. 

D. Basis for Petition. 

1. Name and Address of the Petitioner. 

AirGon, LLC 

9668 Madison Blvd., Suite 202 

Madison, AL 35758 

256.461.8289 

www.a1rgon.com 

2. 14 C. F. R.- Regulations for which exemption is requested. 

a. Part 21, Subpart H 

b. 61.23(a) 

c. 61.101(e)(4) 

d. 61.113(a) and (b) 

e. 61.133(a) 

f. 61.315(a) 

g. 91.7(a) 

h. 91.9(b) 

i. 91.119(c) 

J. 91.121 

k. 91.151(a) 

I. 91.405(a) 

5 
m. 91.407(a)(1) 

n. 91.409(a)(2) 

o. 91.417(a) and (b) 

3. The extent of relief sought and reason for seeking relief. 

a. 14 C.F.R. Part 21, Subpart H: Airworthiness Certificates. 

14 C.F.R. Part 21 Subpart H establishes the requirements for the issuance 

of an airworthiness certificate. The FAA has determined that no exemption of this 

section is required 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. The physical characteristics and operational capacity of the AV-900 is 

similar to that of UAS aircraft approved in previous exemption requests; therefore, no 

exemption is believed to be necessary. However, if the FAA determines that an 

exemption is needed, AirGon hereby requests exemption from Part 21, Subpart H. 

Section 333 authorizes the FAA to exempt a UAS from the requirements of 

an airworthiness certificate based on consideration of the following: size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within 

VLOS. As noted above, the AV-900 and procedures developed by AirGon are consistent 

with all physical and operational conditions established by the FAA. The combination of 

the limited operating limitations and the AV-900 lightweight airframe results in a safer 

alternative for aerial surveying than currently offered by traditional manned aircraft. 

b. 14 C.F.R. §§ 61.23(a), 61.101(e)(4), 61.113(a) and (b), 61.133(a), 61.315(a): 

Pilot Qualifications. 

AirGon seeks exemption from the above regulations to the extent that 

they require the PIC of an UAS to have a commercial pilot's license with a current 

medical certificate. Section 61.23(a) sets out the operations requiring a medical 

certificate and the level of certificate required. Sections 61.113(a) and (b) limit private 

pilots to non-commercial operations. Likewise §§ 61.315(a) and 61.101(a) limits lightsport and recreational pilots, respectively, to non-commercial operations. Section 

61.133(a) requires an individual with a commercial pilot's license to be pilot in command 

of an aircraft for compensation or hire. All AirGon pilots will be required to have a valid 

driver's license in addition to a sport-pilot, recreational, or private pilot certificate and 

will complete training in conducting operations using the AV-900. Prior to conducting 

operations for AirGon clients all AirGon pilots will be required to demonstrate their 

ability to safely operate the AV-900 including performing evasive and emergency 

maneuvers and maintaining an appropriate distance from persons, vessels, vehicles, and 

6 
structures. All AirGon pilots will also be required to log flight hours and currency in a 

manner consistent with 14 C.F.R. § 61.51(b). 

Given the reduced risks associated with operation of the AV-900 due to its 

small, size, operational limitations, and lack of an onboard pilot or passengers, AirGon 

operations will achieve an equivalent level of safety by requiring the PIC to possess a 

recreational or sport pilot license and a valid driver's license only. Indeed, the FAA has 

approved commercial UAS operations by PIC's with a similar level of certification in 

previous cases including Exemption 11305. 

c. 91.7(a): Civil Aircraft Airworthiness. 

14 C.F.R. § 91.7(a) provides that no person may operate a civil aircraft 

unless it is in airworthy condition. Should the exemption be granted allowing 

commercial operation of the AV-900 without an airworthiness certificate, no standard 

will exist for airworthiness of the AV-900. As a result AirGon seeks full exemption from 

this regulation. 

AirGon will achieve an equal level of safety by following the procedures in 

the Operational Documents, which contain pre-flight protocol for each flight, safety 

checks, and comprehensive maintenance procedures. The FAA has previously approved 

exemption from this regulation for other UAS based on the DJI-900, including in 

Exemption 11240. 

d. 91.9(b): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9(b) states that no person may operate an aircraft unless there 

is a current approved flight manual for the aircraft onboard. The AV-900 has no ability 

or place to carry such a flight manual on the aircraft. In addition, the AV-900 is 

unmanned and the PIC is located at the ground control station. AirGon therefore seeks 

exemption from the requirement to carry the aircraft flight manual onboard. The 

equivalent level of safety will be achieved by keeping the flight manual at the ground 

control station where the PIC will have access to it. The FAA has approved operation 

under these conditions in Exemptions No. 11062, 11240, and 11305 among others. 

e. 91.119: Minimum Safe Altitudes. 

AirGon requests an exemption from § 91.119. Section 91.119 establishes 

safe altitudes for operation of civil aircraft. Section 91.119(c) limits aircraft flying over 

areas other than congested areas to an altitude of 500 ft. AGL, except over open water 

or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

7 
500ft. to any person, vessel, vehicle, or structure. An exemption is required because the 

proposed UAS operations will need to occur below 400 ft. AGL. Further, due to the 

nature of the proposed operations, the PIC and other flight crew may at times be less 

than 500ft. away from the UAS. 

An equivalent level of safety will be achieved because of the size, weight, 

speed, and material of AV-900 and the operational limitations discussed above. All 

operations will be conducted with the permission of the property owner, and the PIC will 

be able to control the site and ensure that all affected individuals will be aware of the 

operations and will stay a safe distance away from operations or under a protective 

covering. Any risk associated with AirGon's operations will be significantly less than that 

of manned aircraft, which are heavier, must have onboard flight personnel, and must 

travel to and from the job site. In addition, the low-altitude operations of the AV-900 

will maintain separation between AirGon's operations and the operations of 

conventional aircraft that must comply with § 91.119. 

f. 91.121: Altimeter Settings. 

AirGon seeks exemption from § 91.121, which requires a person operating 

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is 

set to the elevation of the departure airport or barometric pressure. The Pixhawk 

autopilot on board the AV-900 will have a barometric altimeter, which is automatically 

set to 0 when the Return to Launch ("RTL") location of the AV-900 is established just 

prior to launch. However, the barometric altimeter will only be used by the autopilot in 

two circumstances: (1) the GPS signal is not sufficient to determine the altitude of the 

AV-900; or (2) the AV-900 is at an AGL below 33 ft. Therefore, because the barometric 

altimeter will not be used directly by the PIC, AirGon seeks exemption to the extent 

necessary. 

An equivalent level of safety will be achieved because, first, the AV-900 will 

report GPS AGL altitude to the PIC via radio telemetric feed. Second, as described 

above, for situations in which the GPS signal cannot deliver accurate altitude data, the 

autopilot will use the barometric altimeter to ensure the AV-900 operates at the proper 

altitude. Finally, all operations will be conducted within VLOS and in accordance with 

the operational constraints described above. 

g. 91.151(a): Fuel Requirements for Flight in VFR Conditions. 

Airgon seeks exemption from § 91.151(a), which requires an individual to 

ensure that, for a flight in VFR conditions, there is enough fuel to fly for an additional 30 

minutes after reaching the first point of intended landing. The nominal flight time for 

8 
the AV-900 is 22 minutes; therefore, no flight of the AV-900 would be possible under 

this regulation. 

An equivalent or greater level of safety exists via the safety features 

described in the Operational Documents. Specifically, during the flight, the level of 

battery power is communicated to the control station via telemetry. In the event of 

either loss of telemetry or the battery level falling below 20% capacity, the AV-900 will 

automatically return to its launch station. In addition, in the event either of these 

features were to fail, the PIC could take control of the AV-900 and safely return it to the 

ground. Further, unlike with a manned aircraft, given the size and relative cost of the 

AV-900, as well as the fact that it carries no passengers, in an emergency situation the 

PIC can sacrifice the AV-900 to protect persons and property. 

h. 91.405(a), 91.407(a)(l), 91.409(a)(l) and (2), and 91.417(a) and (b): 

Maintenance & Inspections. 

AirGon seeks exemption from §§ 91.405(a), 91.407(a)(l), 91.409(a)(l) and 

(2), and 91.417(a) and (b). These sections specify maintenance and inspection standards 

in reference to 14 C.F.R. Part 43 for aircraft to maintain an airworthiness certificate. The 

UAS that AirGon intends to operate will not have an airworthiness certificate and 

therefore exemption is needed. 

AirGon will provide an equivalent level of safety by performing 

maintenance and inspections in accordance with the Operational Documents. In 

addition, prior to each flight, AirGon pilots will complete the pre-flight checklist, 

ensuring that all critical systems of the UAS are functioning properly. The Operational 

Documents contain recordkeeping requirements for routine, interval, and post-flight 

maintenance. As a whole, the maintenance and inspection procedures set out in the 

Operational Documents will ensure that an equivalent or higher level of safety is 

achieved, especially when combined with the size and operational limitations of the AV900. 

4. How the request benefits the public as a whole. 

The AV-900 is a safe, efficient and economical alternative to the manned aircraft 

that are currently being used to conduct aerial imaging of mining, quarry, and 

construction operations. There are four major reasons why the public would benefit 

from granting AirGon exemptions from these regulations: reducing the burden on Air 

Traffic Controllers (ATC), reducing air pollution, reducing the risk to life and property on 

9 
the ground, and maximizing the efficiency and effectiveness of mme and quarry 

operations. 

The AV-900 can take-off and land on-site and operate at an altitude of 400 ft. 

AGL or less within VLOS of the PIC; therefore, there is no need for ATC to provide 

coordination during ground, take-off, departure, transit, arrival, and landing phases of 

flight. Reducing the burden placed on ATC will provide a significant benefit to the 

public. 

The AV-900 will reduce pollution. A traditional aircraft must take-off and land at 

an airport and therefore must fly to and from the site. The necessity to travel to and 

from the site wastes a significant amount of fuel. In contrast, the AV-900 is light weight, 

uses electric batteries and motors instead of fuel and internal-combustion engines, and 

can be launched and landed on-site. Therefore, the AV-900 will significantly reduce the 

fuel and energy consumption needed to perform aerial surveying. 

The small size and relatively low speed of the AV-900 will also reduce the risk to 

life and property on the ground. The AV-900 weighs, at maximum 18.07 lbs. and has a 

maximum speed of 20 mph. In the event of failure, the AV-900 poses significantly less 

risk to persons and property on the ground than manned aircraft which carry flammable 

fuel and weigh significantly more than the AV-900. Also, as mentioned above, the AV900 will only operate over the job site and will not be required to commute to an 

airport. This will all but eliminate the risk to persons and property outside of the job 

site. 

Conducting site surveys via UAS also provides significant safety benefits over 

conducting surveys using ground-based surveyors. When performing ground-based 

surveys, surveyors and support personnel must be intermingled with active mining 

equipment. Collecting data via UAS removes personnel from areas with mining 

equipment resulting in a significantly lower risk of injury to surveyors and support 

personnel. 

Finally, use of the AV-900 will allow mine and quarry operators to obtain accurate 

surveys of their sites at a cost significantly less than that of manned operations. As has 

been noted above, surveying done by manned aircraft is more expensive, more 

dangerous, and less efficient than surveying using UAS technology. In addition, aerial 

surveying via UAS is more accurate and safer than ground-based surveying. Groundbased surveying is especially dangerous on mine and quarry sites as data collection 

personnel must operate in the midst of active mining equipment. Therefore, by 

granting this exemption mine and quarry operators will be able to obtain more accurate 

information about their sites more often than possible under current circumstances. 

10 
Thus, mine and quarry operators will be able to more efficiently and economically 

conduct their mining operations and maximize yields from their sites. This will reduce 

the cost of raw materials, invigorating the markets for these materials. In addition, 

maximizing yields will provide significant environmental benefits such as reducing 

waste. Similar to the benefits in the mining and quarry fields, aerial UAS surveying of 

construction sites in the site preparation phase will reduce site preparation time, and 

reduce the overall cost of construction. 

5. Additional Information, views, and arguments. 

The following documents have been included as Appendices to this Petition. 

Appendix A, B, C, and D have been submitted confidentially for proprietary reasons and 

will not be available to the public: 

Appendix A- AV-900 System Guide 

Appendix B- AV-900 Operations Guide 

Appendix C- AV-900 Mission Planning Guide 

Appendix D- AV-900 Training Guide 

Appendix E- AV-900 Pre-flight Checklist 

6. Summary for Federal Register. 

Pursuant with Section 333 of the FAA Modernization and Reform Act of 2012, 

AirGon, LLC requests exemption from the following Federal Aviation Regulations that 

are found under Title 14 of the Code of Federal Regulations: Part 21 Subpart H, 

61.23(a), 61.101(e)(4) 61.113(a) and (b), 61.133(a), 61.315(a), 91.7(a), 91.9(b), 91.119, 

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

Counsel for AirGon, LLC 

Enclosures 

11 
EXHIBIT A 

AV-900 SYSTEM GUIDE 
AirGun 

GeoCue Group 

AV-900 System Guide 

• Operational Envelope 

• Safety 

• Maintenance 

March 15, 2015 

THIS DOCUMENT CONTAINS INFORMATION THAT IS PROPRIETARY TO AIRGON LLC 

AirGon LLC 

9668 Madison Blvd., Suite 202 

Madison, AL 35758 

256.461.8289 

256.461.8249 (FAX) 

www.airgon.com 
Revision History 

1.0 L. Graham 3/15/2015 Initial Creation 

................................................................ ,,,,,,,,,,,,,,,,,,;:,:; ::::::·::::•::::::::::::::::::;::::::: :::::::::::::::::,:::::::::········· ................ . 

March 15, 2015 
EXHIBIT C 

MISSION PLANNING GUIDE 
AirGon 

GeoCue Group 

AV-900 Mission Planning Guide 

February 11, 2015 

Copyright AirGon LLC, 2015 
Revision History 

\Revision I ~utnor I :Elate \Notes 

1.0 S. Riddell 1126/2015 Initial Creation 

1.1 L. Graham 1127/2015 Editorial revisions 

1.2 ... S. Riddell 2/1112015 Added figures