Page	1 of	17

March	6,	2015

Submitted	to:

US	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Submitted	by:

Menet	Aero,	Inc.

517	E	Otjen	St.

Milwaukee,	WI	53207

(414)	534-9980

contact@menetaero.com

Section	333

Exemption	Request
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Table	of	Contents

Summary.....................................................................................................................................3

Introduction	and	Interests	of	Petitioner .........................................................................3

Operation	Guidelines ...................................................................................................................... 4

Definitions ..........................................................................................................................................................4

General.................................................................................................................................................................5

Confined	Area	of	Operation ........................................................................................................................5

Light,	Weather,	and	Visibility	Requirements ......................................................................................6

Crew	Qualifications ........................................................................................................................................7

Aircraft	Performance	Capabilities	&	Design........................................................................................8

Privacy	and	Legal	Concerns........................................................................................................................9

Basis	for	Petition................................................................................................................... 10

Specific	Sections	of	14	C.F.R.	From	Which	Menet	Aero	Seeks	Exemption....................10

The	Extent	of	Relief	and	the	Reasons	Menet	Aero,	Inc.	Seeks	Relief.............................10

Why	Granting	Menet	Aero,	Inc.’s	Request	Would	Be	in	the	Public	Interest................16

Summary	for	Federal	Register ...................................................................................................16

Additional	Information,	View,	or	Arguments	to	Support	Menet	Aero’s	Request......17

Conclusion............................................................................................................................... 17
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Summary

Menet Aero,	Inc.	(hereinafter	referred	to	as	“Menet Aero”)	seeks	an	exemption	from	

the	requirements	of	14	CFR	21,	Subpart	H,	14	CFR	61.3	(c),	14	CFR	61.113	&	14	CFR	

61.133,	14	CFR	91.9,	14	CFR	91.105,	14	CFR	91.109,	14	CFR	91.119,	14	CFR	91.121,	

14	CFR	91.151,	14	CFR	91.203	(a)	&	(b), 14	CFR	91.213,	and	14	CFR	91	Subpart	E.	

This	exemption	will	allow	Menet Aero	to	operate	Small	Unmanned	Aerial	Systems	

(SUAS)	for	commercial	and	non-recreational	purposes	over	various	areas	within the	

United	States.	

Introduction	and	Interests	of	Petitioner

Menet Aero	is	comprised	of	a	team	of	military	trained	UAS	Operators,	current	and	

former	military	helicopter	pilots,	FAA	licensed private	and	commercial	pilots,

military	trained	aviation	maintenance	technicians,	FAA	licensed	Airframe	and	

Powerplant	(A&P)	technicians,	FAA	licensed	Aeromedical	Examiners	(AMEs),	and

model	aircraft	enthusiasts.	Our	goal	is	to	provide manned	and	unmanned	aviation	

services	to	a	variety of	industries and	organizations under	the	experienced	and	

watchful	oversight	of	professional	aviation	personnel. Our	core	business	focus	is	to	

provide our	clients	and	partners access	to the	most	economical	aviation	solution	to	

meet	their	needs	while	not	compromising	the	safety	or	integrity	of	the	National	

Airspace	System	(NAS). SUAS	operations	conducted	by	Menet Aero	will	benefit	the	

public	as	a	whole	by	allowing	commercial	entities,	public	agencies,	and	research	

institutions	access	to	potentially	game-changing	technology	with	the oversight	of	

those	intimately	familiar	with	FAA	regulated	operations.

Our	proposed	SUAS	operations	include:

• Crop	monitoring/inspection,

• Geological	Survey,

• Research	and	development,

• Educational/academic	uses,

• Power-line/pipeline	inspections,

• Antenna	and	building	inspections,

• Integrating	with	national,	state,	and	local	emergency	management	entities	to	

assist	with	emergency	functions	such	as	search	and	rescue,

• Bridge	inspections,

• Aerial	photography, and	

• Wildlife	nesting	area	evaluations.

Menet Aero	has	reviewed	the	recently	released	NPRM	Draft	SUAS	Law	RIN	2120-

AJ60	(herein	referred	to	“Part	107”)	dated	Feb. 15,	2015, and	with	minor	exceptions,	
Menet	Aero,	Inc.

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has	adjusted	the	operations and	procedures	described	in	this exemption	request	to	

mirror	the	framework set	forth	in	the	proposed	Part	107.

1 Since	SUAS	technology	is	

still	in	its	infancy, our	goal	for this	exemption	request	is	to explain	the	procedures	

under	which	we	will	operate	and	how	we	will	select	aircraft	that	address	the	

existing	requirements	of	the	Section	333	exemption	process, as	well	as	meet	the	

requirements	of	proposed	Part	107.	This	approach	will permit us	the	flexibility	to	

adopt	new	technology	and	procedures	as	they	become	available	in	the	hopes	of	

enhancing both	the safety	and effectiveness	of	our	operations. The	end	result	is	that	

Menet Aero will stay	informed	of	changes	in	SUAS	technology	and	regulations	to	

ensure	our	equipment	and	operations	are	being	conducted	in	accordance	with	all	

applicable	laws	while	leveraging	the	most	advanced	and	safest	technology	available.

Operation	Guidelines

The	following	is	a	list	of	proposed	operation	guidelines	by	which	Menet	Aero	will	

abide.

Definitions

Confined	Area	of	Operations	(CAO) – An	area	established	to	confine	the	flight	of	a	

small	unmanned	aircraft	in	order	to	allow	the	Operator to	become	familiar	with	the	

area	of	operation	and	create	contingency	plans	for	using	the	environment	to	

mitigate	the	risk	associated	with	the	possible	loss	of	positive	control.

Control	Station – An	interface	used	by	the	Operator to	control	the	flight	path	of	the	

small	unmanned	aircraft.

Immediate	Area	of	Influence (IAI) – The	area	immediately	surrounding	a	CAO	that	

SUAS	operations	may	have	secondary	effects	on.	Example:	an	urban	CAO	may	be	

limited	to	a	small	property	but	nearby	neighbors	could	be	affected	by	privacy	

concerns	that	the	SUAS	presents.	Although	IAI	are	not	affected	by	the	same	safety	

concerns	as CAOs,	they	may	present	non-safety	related	issues	that	need to	be	

addressed.

Loss	of	Positive	Control	(LPC) – A	condition	where	the	UAS	Operator may	become	

unable	to	directly	control	the	UAS	due	to	a	failure	of	the	control	link	between	the	

aircraft	and	the	Operator’s	control	station.	

																																																							 1 Example:	All	operations	will	be	conducted	less	than	500	feet	AGL	unless	inspecting	ground-based	

objects	such	as	buildings	or	towers	exceeding	500	feet	in	height.	Under	these	conditions,	the	SUAS	

will	remain	within	50	meters	(164 feet) laterally	and	no	more	than	10	meters	(33	feet)	above	the	

structure.	A	NOTAM	will	be	submitted	a	minimum	of	48	hours	prior	to	these	operations.
Menet	Aero,	Inc.

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Operator	(OP) – The	person	who	manipulates	the	flight	controls	of	a	small	UAS.	The	

Operator is	directly	responsible	for,	and	is	the	final	authority	as	to	the	operation	of	

the	SUAS.

Part	107 – The	proposed	new	part	of	Title	14	of	the	CFR	that	would	govern	small	

UAS	operations.	Since	this	regulation	does	not	yet	exist,	the	exemption	request	

references	the	proposed	Part	107	details	as	described	in	the	recently	released	

NPRM	Draft	SUAS	Law	RIN	2120-AJ60	dated	Feb. 15,	2015.

Small	Unmanned	Aircraft	System	(SUAS) – A	small	unmanned	aircraft	(which,	as	

defined	by	statute,	is	an	unmanned	aircraft	weighing	less	than	55	pounds1)	and	

equipment	necessary	for	the	safe	and	efficient	operation	of	that	aircraft.

Visual	Observer	(VO) – A	person	who	assists	the	SUAS	Operator in	seeing	and	

avoiding	other	air	traffic	or	objects	aloft	or	on	the	ground.	A	VO	is	required	for	

operations	when	the	Operator is incapable	of	seeing	the	SUAS.	Example:	First	

Person	View	(FPV)	operations.

General

• A	SUAS	Operator is	required	to	see	and	avoid	all	other	users	of	the	NAS	in	the	

area	in	which	the	SUAS	is	operating.	

• SUAS	are	prohibited	from	operating	in	Class	A	airspace	and	require	prior	

permission	from	Air	Traffic	Control	to	operate	in	Class	B,	C	or	D	airspace,	or	

with	in	the	lateral	boundaries	of	the	surface	area	of	Class	E	airspace	

designated	for	an	airport. Operations	are	allowed	within	Class	G	airspace	

without	ATC	permission.

• SUAS	must	yield right-of-way	to	other	aircraft,	manned	or	unmanned.

• No	person	may	act	as	an	Operator	or VO	for	more	than	one	unmanned	

aircraft	operation	at	one	time.

• No	careless	or	reckless	operations	are	permitted.

Confined	Area	of	Operation

Menet	Aero	embraces	the	FAA’s	proposed	performance-based	operatorresponsibility	standard	built	around	the	concept	of a	confined	area	of	operation	

(CAO)	for	SUAS	operations	as	a	means	to	mitigate the	risk	associated	with	a	loss	of	

positive	control	condition.		The	Menet	Aero	SUAS	Operator will	establish	a	CAO	

prior	to	all	SUAS	operations	and	will	continually	monitor	it	to	ensure	it	is	not	

compromised.	A	CAO	will	have	the	following	properties:

• Lateral	Boundaries: The	CAO	will	be	limited	to	a	circle	around	the	person

maintaining	visual	contact	with	the	aircraft	with	the	radius	of	that	circle	

being	limited	to	the	farthest	distance	at	which	that person	has	sufficient	view	

																																																							 1 Pub.	L.	No.	112-95,	sec.	331(6).		
Menet	Aero,	Inc.

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of	the	aircraft. As	a	good	operating	practice, the	CAO	will	be	no	larger	than	

the	area	required	for	the	specific	operation.

• Vertical	Boundaries:	The	CAO	will	not	exceed	500	feet	AGL	unless	inspecting	

a	ground-based	structure	more	than	500	feet	in	height	such	as	a	building,	

bridge	or	antenna.	When	inspecting	a	ground-based	structure	above	500	feet,	

the	SUAS	will	remain	within	50	meters	(164 feet) laterally	and	will	fly	no	

more	than 10	meters	(33 feet) above	the	highest	point	on	the	structure.	

Menet Aero	will	coordinate	with	the	local	ATC	facility	prior	to	conducting	any	

operations	over	500	feet.

• No	one	will	operate	an	SUAS	from	a	moving	platform	with	the	exception	of	

watercraft.

• All	personnel	within	the	CAO	and the	IAI will	be	informed	of:

o The	purpose	of	the	SUAS	operations,

o Where	they	can	expect	the	SUAS	to	be	operating	and	at	what	altitude,

o What	they	should	do	to	ensure	their	safety,

o Menet	Aero’s	privacy	policy, and

o Menet	Aero’s	contact	information	for	use	in	the	event	they	have	any	

concerns.

• No	SUAS	will	be	flown	over	personnel	who	are	not	directly	involved1 in the	

operation.	This	does	not	include	personnel	protected	by	a	structure	with	

sufficient	overhead	cover	to	nullify	the	danger	of	an	SUAS	impact	such	as	a	

building	or	automobile.

• Personnel	directly	involved in	the	operation	will	be	briefed	by	the	Operator

on the	following	items in	order	to	reduce	risk	of	injury:

o Operating	conditions,

o Emergency	procedures,

o Contingency	procedures,

o Roles	and	responsibilities,	and

o Potential	hazards.

Light,	Weather,	and	Visibility	Requirements

Menet	Aero	will	abide	by	the	following	minimum	light,	weather and visibility	

requirements	during	all	SUAS	operations:

Daylight	Only – Menet	Aero	will	only	conduct	SUAS	operations	between	the	hours	of	

official	sunrise	and	official	sunset	for	the	location in	which they	are	operating.	

																																																							

1 A	person	is	directly	involved	in	the	operation	when	his	or	her	involvement	is	necessary	for	the	safe	

operation	of	the	SUAS.
Menet	Aero,	Inc.

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Cloud	Clearances – SUAS	will	maintain	a	minimum	of	the	following	distance	

separation	from	clouds:

• 500	feet	below

• 2000	feet	horizontal

Visibility

• 3	Statute	Miles	from	the	control	station

Winds

• Unless	otherwise	specified	in	the	SUAS	operator’s	manual,	predominant	wind	

not	to	exceed	80 percent of	the	SUAS	max	airspeed.

o Example:	If	the	SUAS	max	airspeed	is	40	knots,	operations	will	not	

commence	if	observed	predominant	winds	are	greater	than	32 knots.		

Also,	operations	in	progress	will	terminate	if	predominant	wind	

speeds	exceed	32 knots.

o Operator	must	exercise	good	judgment	as	UAS	max	airspeed	may	be	

affected	by	a	variety	of	factors	such	as	atmospheric	conditions,	low	

battery,	and	variation	in	payload.

Crew Qualifications

General

The	Operator will	serve	in	the	role	of	Pilot	in	Command	(PIC)	for	SUAS	operations.

Operators	will	report	an	accident	to	the	FAA	within 10	days	of	any	operation	that	

results	in	injury	or	property	damage.

Operator	Licensing

Until	the	FAA	begins	issuing	UAS	specific	licenses,	all	Operators	will	be	one	of	two	

categories:

• FAA	licensed	pilot	with	a	minimum of	a	private	pilot	endorsement

• Military	trained	UAS	Operator	who:

o Completed	FAA	private	pilot	ground	school,	

o Passed	the	FAA	Private	Pilot	written	exam	or	FAA	recognized	

equivalent,	and

o Possesses	official	documentation	of	military	UAS	training	(e.g.	DA	

Form	1059).

o Must	be	vetted	by	the	Transportation Security	Administration.

Operator	Medical

The	Operator	will	be	required	to	self-certify,	prior	to	all	SUAS	operations	that	they	do	

not	have	a	medical	condition	that	could	interfere	with	the	safe	operation	of	a	small	UAS.

Visual	Observer

A	Visual	Observer	(VO)	may	be	used	to	assist	the	Operator	in	maintaining	visual	

contact	with	the	SUAS	in	place	of	the	operator.	VOs	are	not	required	to	have	any	

formal	FAA	certification;	however,	the	operator	must	brief	them	on	the	operation	to	
Menet	Aero,	Inc.

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be	performed	prior	to	commencement.	The	VO	and	operator are	required	to	remain	

in	contact	throughout	the	operation.	This	can	be	by	unassisted	oral	communication

or	by	radio	or	other	communication-assisting	device.

Briefer

To	provide	an	enhanced	level	of	safety,	Menet	Aero	intends	to	establish	a	briefer	

program	where	all	proposed	operations	will	be	reviewed and	approved by	an	FAA

commercially	rated	aviator	(Briefer)	prior	to	commencement.	The	Briefer	will	serve	

as	a	second	set	of	eyes	to	ensure:

• All	the	required prior	coordination	was	done	with	airspace	and	ground	

owners,	

• The	forecast	weather	meets	minimum	requirements,	

• The	number	of	crewmembers	is	sufficient	for	the	proposed	operation,

• The	operator	is	qualified,	current,	and	proficient	on	the	SUAS	being	used,	and

• There	are	no	NOTAMS,	TFRS,	or	other	advisories	that	will	affect	the	

operation.

Aircraft	Performance	Capabilities	&	Design

Since	Menet	Aero	will	be	providing	professional	aviation	services	to	a	variety	of	

industries, it	is	difficult	to	select	a	single	platform	that	can	accomplish	all	missions.	

In	most	cases	Menet	Aero	will	seek	to	use	proven	off-the-shelf	products	such	as	the	

Sensefly	Ebee,	AgEagle,	and	Falcon	Hover.	Menet	Aero	also	possesses	the	capability	

to	manufacture	highly	specialized	SUAS	built	on	industry	standard	technology such	

as	DJI	and	3DR	components.	In	order	to	remain	agile	and	ready	to	meet	customer’s	

needs	but	also	meet	the	limitations	proposed	in	Part	107	for	SUAS,	Menet Aero	will	

only	operate	SUAS	that	meet	the	following	criteria:

• FAA	airworthiness	certification	is	not	required.	However,	the	Operator	must	

maintain	a	SUSA	in	condition	for	safe	operation	and	prior	to	flight	must	

inspect	the	UAS	to	ensure	that	it	is	in	a	condition	for	safe	operation.

• All	Menet	Aero	aircraft	will	be	registered	with	the	FAA	in	accordance	with	

existing	procedures.	Registration	information	will	be	maintained	at	the	

control	station.

• Max	calibrated	airspeed	at	full	power	in	level	flight	will	not	exceed 87	knots	

(100	mph).

• Total	weight	of	the	unmanned	aircraft	will	not	exceed	55	lbs	(25	kg).

• Manuals	and	checklists:

o All	SUAS	will	have	operator’s	manuals	that	include pre-flight	

procedures	that	will	be	executed	by	the crew prior	to	each	flight

operation	in	order	to	determine	that	the	SUAS	is	safe	for	operation.	

o All	SUAS	will	have	emergency	procedure	checklists.

o Manuals	and	checklist	will	be	maintained	at	the	control	station	and	

must	be	accessible	to	the	Operator	at	all	times.
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o Any	of	the	above	manual	and	checklists	that	are	not	provided	by	the	

manufacturer	must	be	created	and	thoroughly	vetted	prior	to	

performing	any	commercial	operations.	

• Aircraft	markings	will	be	displayed	on	the	aircraft	in the	largest	practicable

manner	in	accordance	with	14CFR	§45.29(f).

• Prior	to	operating	any	SUAS	for	commercial	purposes	in	an	urban	area,	

Menet	Aero	will	first	conduct	flight	training	in	a	controlled	rural	CAO,	with	

the	minimum	personnel	required to	safely	familiarize	Operators	with	the	

aircraft’s	characteristics.	This	includes	but	is	not	limited	to:

o Preflight	procedures,

o Take	off,	inflight, and	landing	procedures,

o Automated	LPC	settings (if	available),	and

o Emergency	procedures.

Only	after	the	Operator	has confidence	in	both	the	SUAS	and	their	operating	

proficiency	will	they	perform	operations	in	an	urban	CAO.

• Operators	will	ensure	that	the	small	UAS	has	enough	power	to	operate	for	its	

intended	operational	time	and	an	additional	five	minutes.	The	Operator will	

be	required	monitor	power levels	throughout	the	flight	and	modify	the	

mission	if	required.

Privacy	and	Legal	Concerns

Menet	Aero	only	conducts	UAS	operations	for	legal	purposes.	Menet	Aero	pledges	to	

stay	informed	and	current	on	all	laws	governing	UAS	operations	and recognizes	

they	may	differ	from	one	locality	to	the	next. In	the	event	that	there	are	conflicting	

laws	or	regulations,	Menet	Aero	will	abide	by	the	one	that	is	the	most	conservative.

Should	specific	concerns	arise, Menet	Aero	will	work	with	all	interested parties	

involved to	address	them.
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Basis	for	Petition

Specific	Sections	of	14	C.F.R.	From	Which	Menet Aero	Seeks	Exemption

Below	follows	a	list	of	specific	sections	from	which	this	exemption	request	relief:

• 14	CFR	21,	Subpart	H – This	subpart	prescribes	procedural	requirements	for	

the	issue	of	airworthiness	certificates.

• 14	CFR	61.3	(c)	– Requirements	for	certificates,	ratings,	and	authorizations.	

Medical	certificate.

• 14	CFR 61.113	– Pilot	privileges	and	limitations:	Pilot	in	command.	

&	14	CFR	61.133	– Commercial	pilot	privileges	and	limitations.

• 14	CFR	91.9	– Civil	aircraft	flight	manual,	marking	and	placard	requirements.

• 14	CFR	91.105	– Flight	crewmembers	at	stations.

• 14	CFR	91.109	– Flight	instruction,	simulated	instrument	flight	and	certain	

flight	tests.

• 14	CFR	91.119	– Minimum	safe	altitudes:	General.

• 14	CFR	91.121	– Altimeter	settings

• 14	CFR	91.151	– Fuel	requirements	for	flight	in	VFR	conditions.

• 14	CFR	91.203	(a)	&	(b)	– Civil	aircraft:	Certifications	required.

• 14	CFR	91.213	– Inoperative	instruments	and	equipment.

• 14	CFR	91	Subpart	E	– Maintenance,	Preventive	Maintenance,	and	Alterations

The	Extent	of	Relief	and	the	Reasons Menet	Aero,	Inc. Seeks	Relief

Below	is	a	list	of	each	section	of	14	C.F.R.	from	which	Menet Aero	seeks	relief,	the	

extent	of	the	relief	requested,	and	the	reasoning	behind	the	request:

• 14	CFR	21,	Subpart	H	– This	subpart	prescribes	procedural	requirements	for	

the	issue	of	airworthiness	certificates.

o Menet	Aero	agrees	with	the	FAA	opinion	that	“due	to	their	light	weight,	

small	unmanned	aircraft	generally	pose	a	significantly	lower	risk	to	

people	and	property	on	the	ground	than	manned	aircraft.”1

o The	FAA	acknowledges	and	Menet Aero	agrees	that:	“obtaining	a	type	

certificate	and	a	standard	airworthiness	certificate,	which	permits	the	

widest	range	of	aircraft	operation,	currently	takes	about	3	to	5	years”	

and	“it	is	not	practically	feasible	for	many	small	UAS	manufacturers	to	go	

through	the	certification	process	required	of	manned	aircraft.	This	is	

because	small	UAS	technology	is	rapidly	evolving	at	this	time,	and	

consequently,	if	a	small	UAS	manufacturer	goes	through	a	3-to-5-year	

process	to	obtain	a	type	certificate,	which	enables	the	issuance	of	a	

																																																							 1 Reference	NPRM	Draft	SUAS	Law	RIN	2120-AJ60	(15Feb2015)	page	60.
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standard	airworthiness	certificate,	the	small	UAS	would	be	

technologically	outdated	by	the	time	it	completed	the	certification	

process.”1

o Additionally,	none	of	the	current	avenues	for	airworthiness	listed	in	

14CFR21	Subpart	H	“provide	flexibility	for	most	routine	small	UAS	

operations.”2

o Therefore,	Menet Aero	requests	relief	from	obtaining	an	

airworthiness	certification	for	the	SUAS	it	operates.

o To	provide	an	equivalent	level	of	safety,	Menet	Aero	will	require:

§ Prior	to	each	flight,	the	Operator	must	inspect	the	small	UAS	to	

ensure	that	it	is	in	the	proper condition	for	safe	operation.	The	

Operator	could	do	this,	for	example,	by	performing	a	

manufacturer-recommended	preflight	inspection	or	performing	

an	on-the-ground	test	of	the	small	UAS	to	determine	whether	

safety-critical	systems	and	components	are	working	properly.

§ If,	as	a	result	of	the	inspection,	the	Operator	determines	that	the	

small	UAS	is	no	longer	in	a	condition	for	safe	operation,	then	they	

would	prohibit	the	operation	of	the	small	UAS	until	the	necessary	

maintenance	has	been	made	and	the	small	UAS	is	once	again	in	a	

condition	for	safe	operation.

§ The	Operator	must	discontinue	the	flight	of	the	small, unmanned	

aircraft	when	he	or	she	knows	or	has	reason	to	know	that	

continuing	the	flight	would	pose	a	hazard	to	other	aircraft,	

people,	or	property.

§ If	any	component	or	parts	are	used	in	an	SUAS	are	governed	by	an	

airworthiness	directive,	Menet	Aero	will	comply	with	all	

applicable	airworthiness	directives	pertaining	to	that	component	

or	part.

• 14	CFR	61.23	(c)	– Medical	certificates:	Requirement	and	duration.

o The	FAA	has	proposed	and	Menet	Aero	agrees	that:	“The	primary	

reason	for	medical	certification	is	to	determine	if	the	airman	has	a	

medical	condition	that	is	likely	to	manifest	as	subtle	or	sudden	

incapacitation	that	could	cause	a	pilot	to	lose	positive	control	of	the	

aircraft,	or	impair	the	pilots	ability	to	“see	and	avoid.”2

o Subsequently, “The	FAA	has	determined	that	traditional	FAA	medical	

certification	may	not	be	warranted	for	small	UAS	Operators	subject	to	

this	proposed	rule	mainly	because	small	UAS	Operators	and	visual	

observers	are	operating	within	a	“confined	area	of	operation,”	and	

subject	to	other	operational	limitations,	discussed	previously	in	this	

preamble.	This	is	because	the	proposed	visual-line-of-sight	requirement	

for	the	Operator and/or	visual	observer	to	be	able	to	see	the	aircraft’s	

direction	and	attitude	of	flight	in	the	proposed	rule	is	preferable	to	a	

vision	standard.	Even	with	normal	vision	it	is	foreseeable	that	a	small	

unmanned	aircraft	may	be	so	small	that	the	operational	space	must	be	

																																																							 1 Reference	NPRM	Draft	SUAS	Law	RIN	2120-AJ60	(15Feb2015)	page	24.

2 Reference	NPRM	Draft	SUAS	Law	RIN	2120-AJ60	(15Feb2015)	page	115.
Menet	Aero,	Inc.

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reduced	to	meet	the	operational	requirements	proposed	in	this	rule.	As	

such,	prescriptive	medical	standards	may	not	be	as	critical	as	they	are	for	

individuals	exercising	pilot	privileges	and	therefore	are	not	proposed	

under	this	action.”1

o Although	most	Menet	Aero	Operators	will	hold	a	medical	certificate	as	a	

currency	requirement	for their	FAA	Private	Pilot	and	Commercial	Pilot	

certificates to	perform	manned	operations,	we	feel	an	equivalent	level	of	

safety	can	be	provided	by	the	FAA’s	proposal	to allow:	“operators	(and	

Visual	Observers	to)	self-certify,	at	the	time	of	their	airman	application,	

that	they	do	not	have	a	medical	condition	that	could	interfere	with	the	

safe	operation	of	a	small	UAS.	As	proposed	in	§	107.61(d),	an	applicant	

for	an	unmanned	aircraft	operator	certificate	with	a	small	UAS	rating	

would	be	ineligible	for	the	certificate	if	he	or	she	knows	or	has	reason	to	

know	of	any	physical	or	mental	condition	that	would	interfere	with	the	

safe	operation	of	a	small	UAS.	The	FAA	also	proposes,	in	§	107.63(a),	that	

the	applicant	be	required	to	make	a	certification	to	that	effect.	Both	of	

these	proposed	requirements	are	similar	to	the	regulatory	provision	of	§	

61.53(b),	which	prohibits	operations	during	medical	deficiency	for	

individuals	conducting	operations	that	do	not	require	a	medical	

certificate.” Until	a	formal	procedure	is	established	for	this,	Menet	Aero	

will	maintain	a	copy	of	either	an	operator’s	FAA	medical	certificate	on	file	

or	a	statement	reflecting	the	information	detailed	above.	Additionally,	it	

will	be	the	responsibility	of	the	briefer/dispatcher	to	ensure	that	the	

individual	self-certifies	they	are	medically	fit	to	prior	to	performing	each	

operation.

• 14	CFR	61.113	– Pilot	privileges	and	limitations:	Pilot	in	command.	

&	14	CFR	61.133	– Commercial	pilot	privileges	and	limitations.

o There	is	currently	no	FAA	endorsement	specifically	for	UAS	operators.	

Menet	Aero	plans	to	use	operators	who	have	a	minimum	of	a	private	

pilots	certificate or	military	trained	UAS	Operators	that	have:	

§ Completed	FAA	private	pilot	ground	school,	

§ Passed	the	FAA	Private	Pilot	written	exam	or	FAA	recognized	

equivalent,	and

§ Possesses	official	documentation	of	military	UAS	training	(ex:	

DA	Form	1059).

o Since	the	aircraft	cannot	carry	passengers	or	property,	we	feel	we	

meet	the	intent	of	61.113	Subparagraph	(b), even	though	the	intent	of	

this	application	is	to	conduct	a	business.

o To	provide	an	equivalent	level	of	safety,	Menet	Aero	intends	to	

establish	a	briefer	program	where	all	proposed	operations	would	be	

reviewed	and	approved	by	a	commercially	rated	aviator	(Briefer)	

prior	to	commencement,	as	described	previously	in	this	document.

																																																							 1 Reference	NPRM	Draft	SUAS	Law	RIN	2120-AJ60	(15Feb2015)	page	115.
Menet	Aero,	Inc.

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o At	which	time	an	FAA	SUAS	certification	becomes	available,	all	Menet	

Aero	Operators	will	seek	that	endorsement	and	will	abide	by	the	

associated	regulatory	requirements	as	soon	as	practicable.1

• 14	CFR	91.9	- Civil	aircraft	flight	manual,	marking,	and	placard	requirements.

o With	a	max	weight	of	55 lbs.,	SUAS	are	too	small	to	carry	

documentation, they	don’t	have	an	entrance,	and	are not	capable	of	

carrying	passengers	or	crew.	Therefore,	placing	an	aircraft	manual	on	

board	an	SUAS	is	not	feasible.

o To	provide	an	equivalent	level	of	safety,	Menet	Aero	will	maintain	an	

aircraft	manual	at	the	control	station	so	that	the	Operator may	access	

it	at	any	time.

o In	addition	to	the	registration	number	being	placed	on	the	aircraft	in	

accordance	with	14CFR	§45.29(f),	Menet	Aero	will	affix	a	placard	on	

each	aircraft	that	identifies:

§ The	owner	of	the	SUAS,

§ The	manufacturer,	model,	and	serial	number	of the	SUAS,

§ The	FAA	registration	number,	and

§ The	owner’s	address	and	telephone	number.

• 14	CFR	91.105	– Flight	crewmembers	at	stations.

o Since	the	aircraft	is	unmanned,	there	are	no	crew	stations	that	require	

safety	belts.

o To	provide	an	equivalent	level	of	safety	and	to	meet	the	intent	of	this	

section,	crewmembers will	position	themselves	where	ever	they	deem	

appropriate	to	ensure	the	safest	operation	possible.	This	includes

taking	into	account	visual	line	of	sight	requirements	and	areas	of	

probable	contact	hazards	such	as	takeoff	or	landing	areas.

• 14	CFR	91.109	– Flight	instruction;	simulated instrument	flight	and	certain	

flight	tests.

o For	the	purposes	of	flight	instruction,	few	(if	any)	SUAS	have	a	set	of	

fully	functioning	dual	controls;	however,	the	controls can	be	quickly	

transferred	from	a	student	to	an	instructor	in	the	event	of	an	

emergency.

o As	previously	mentioned,	due	to	the	limitations	stated	in	the	“Aircraft	

performance	capabilities	&	design”	section	of	this	document,	Menet	

Aero	believes	that	SUAS	do	not	exhibit	the	same	level	of	risk	as	

manned	aircraft.	Additionally,	that	risk	can	further	be	mitigated	

through	the	“Operational	Guidelines”	established	in	this	document.	

o Given	this	information,	Menet	Aero	believes	it	achieves	an	equivalent	

level	of	safety	as	would	be	achieved	with	a	“functioning	throwover	

control	wheel”	as	detailed	in	14	CFR	91.109	

																																																							 1 Although	obtaining	FAA	SUAS	certification	is	a	high	priority	of	Menet	Aero,	we	

recognize	that	high	demand	may	not	allow	for	instant	certification.	To	keep	from	

paralyzing	operations	Menet Aero	pledges	to	pursue	certification	as	soon	as	

possible	in	exchange	for	leniency	while	conforming	to	new	regulatory	requirements.
Menet	Aero,	Inc.

Page	14 of	17

• 14	CFR	91.119	– Minimum	safe	altitudes:	General.

o In	general,	Menet	Aero	request	to	operate	at	500	feet	and	below	at	all	

times	with	the	exception	of	inspecting a	ground-based	structure	in	

excess	of	500	feet.	When	inspecting	a	ground-based	structure	above	

500	feet,	the	SUAS	will	remain	within	50	meters	(164 feet) laterally	

and	will	fly	no	more	than	10	meters	(33	feet) above	the	highest	point	

on	the	structure.	Menet	Aero	will	coordinate	with	the	local	ATC	

facility	prior	to	conducting	any	operations	over	500	feet.	Since	no	

aircraft	should	be	operating	this	close	to	a	ground-based structure,

our	proposed	operations	should	present	minimal	risk	to	manned	

aircraft.

o To	de-conflict	with	helicopters,	Menet	Aero	will	maintain	

relationships	with	all	known	rotary-wing	operators	in	the	operation	

area.	Prior	to	any	operation	Menet	Aero	will	send	a	notification	to	

those	operators	to	let	them	know	of	the	proposed	location,	times,	and	

SUAS	Operator	contact	information.

o By	implementing	the	controls	listed	above	and	in	the	“Operation	

Guidelines”	section	of	this	document,	Menet	Aero	feels	they	can	

provide	a	level	of	safety	greater	than	those	listed	in	this	section.

• 14	CFR	91.121	– Altimeter	settings

o Most	UAS	do	not	have	the	ability	to	adjust	altimeter	settings.	

Additionally,	many	UAS	use	GPS	to	determine	altitude.		In	both	cases,	

it	is	impossible	to	comply	with	14	CFR	91.121

o Since	operations	occur	within	a	confined	area	of	operations	and	they	

are	usually	less	than	one hour	in	duration,	it	is	unnecessary	to	update	

altimeter	settings	once	a	base	altitude	has	been	established.

o To	provide	an	equivalent	level	of	safety	the	Operator will	determine	

the	altitude	reading	at	the	point	of	takeoff and	use	that	to	determine	

the	altitude	of	the	aircraft	throughout	the	flight	abiding	to	the	altitude	

limitations	listed	above.	They	must	also	take	into	account	rising	or	

falling	terrain	to	maintain	within	the	prescribed	altitudes.	

• 14	CFR	91.151	– Fuel	requirements	for	flight	in	VFR	conditions.

o Currently,	most	SUAS	currently	have	flight	time	limited	to	30 minutes	

or	less.	Therefore,	it	is	impractical	to	maintain	a	20	or	30-minute	fuel	

reserve.

o The FAA	proposes	and	Menet	Aero	endorses	that:	“Proposed	§	

107.49(a)(4)	would	require	a	small	UAS	Operator to	ensure	that,	if	

powered,	the	small	UAS	has	enough	power	to	operate	for	its	intended	

operational	time	and	an	additional	five	minutes.	The	5-minute	buffer	

would	ensure	that	the	small	UAS	has	sufficient	power	to	return	to	the	

Operator,	or	another	location,	and	be	able	to	make	a	controlled	

landing.	Additionally,	control	inputs	to	a	small	UAS	may	degrade	as	

batteries	lose	charge	because	power	to	the	flight	control	system(s)	

may	be	lost.	Accordingly	this	proposed	rule	would	help	to	ensure	that	

the	small	UAS	remains	controllable	throughout	its	intended	
Menet	Aero,	Inc.

Page	15 of	17

operational	time.	The	FAA	notes	that	a	small	UAS	travelling	at	10	

miles	per	hour	would	be	able	to	cover	nearly	one	mile	in	5	minutes.”1

o Menet	Aero	believes	that	operating	with	a	5	minute	buffer	would	

provide	a	equivalent	level	of	safety	as	presented	in	14	CFR	91.151

• 14	CFR	91.203	(a)	&	(b)	– Civil	aircraft:	Certifications	required.

o As	previously	mentioned,	Menet	Aero	petitions	to	be	waived	from	the	

airworthiness	requirements	of	14	CFR	21	Subpart	H	for	the	reasons	

listed	above.

o Since	the	SUAS	operated	by	Menet	Aero	will	not	be	issued	an	

airworthiness	certificate,	none	will	be	available	to	meet	this	

requirement.

o With	a	max	weight	of	55 lbs,	SUAS	are	too	small	to	carry	

documentation,	they	don’t	have	an	entrance,	and	are not	capable	of	

carrying	passengers	or	crew.

o To	provide	an	equivalent	level	of	safety, Menet	Aero	will	maintain	all	

required	documentation	at	the	control	station	for	review	if	requested.

• 14	CFR	91.213	– Inoperative	instruments	and	equipment

o As	previously	mentioned,	Menet	Aero	petitions	to	be	waived	from	the	

airworthiness	requirements	of	14	CFR	21	Subpart	H	for	the	reasons	

listed	above.	If	approved,	Menet Aero	will	not	be	able	to	meet	the	

requirements	of	14	CFR	91.213.

o To	provide	an	equivalent	level	of	safety,	Menet	Aero	will	prepare	a	

Minimum	Equipment	List	for	each	aircraft	it	operates	that	which	

instruments	and	equipment	are	essential	for	safe	operations	under	all	

operating	conditions.	These	items	will	be	checked	during	preflight	

and	if	any	are	found	to	be	inoperative	or	unreliable,	the	SUAS	will	be	

prohibited	from	taking	off	until	the	deficiency	is	corrected.

• 14	CFR	91	Subpart	E	– Maintenance,	Preventive	Maintenance,	and	Alterations

o Regulations	require	that	aircraft	be	maintained	in	accordance	with	14	

CFR	39	and	43,	which	apply	to	aircraft	and	components	issued	an	

airworthiness	certificate.	Since	Menet	Aero	is	requesting	that	our	

SUAS	be	exempt	from	requiring	an	airworthiness	certificate,	we	

request	exemption	to	14	CFR	91	Subpart	E.	This	does	not	apply	to	any	

components	used	that	are	governed	by	an	airworthiness	certificate.

o To	provide	an	equivalent	level	of	safety,	Menet	Aero	plans	to	establish	

a	maintenance	program	that	mirrors	the	one	in	use	by	the	US	Army	

Aviation	program.	The	intent	is	to	track	the	usage,	repair,	and	

component	failure	rates	of	our	SUAS	fleet	with	the	overall	goal	of	

developing	a	preventative	maintenance	program	and	associated	

operational	procedures (including	preflight	and	periodic	checks) to	

enhance	overall	safety.	This	is	intended	to	be	a	shared	responsibility	

between	the	SUAS	Operators,	designated	maintainers,	and	

maintenance	supervisors.	

																																																							 1 Reference	NPRM	Draft	SUAS	Law	RIN	2120-AJ60	(15Feb2015)	page	95.
Menet	Aero,	Inc.

Page	16 of	17

Why	Granting	Menet	Aero,	Inc.’s	Request	Would	Be	in	the	Public	Interest

The	FAA	and	Congress	have	already	acknowledged	that	there	are	many	potential	

societal	and	economic	benefits	to	SUAS	operations.	The	largest	hurdle	has	been	

integrating	this	new	technology	safely	into	the	existing	NAS	environment.	Menet	

Aero	is	comprised	of	a	team	of	professional	aviators	who	have	thousands	of	hours	

and	decades	of	experience	planning	and	performing	operations	inside	the	NAS	and	

other	complex	airspace.	As	such,	we	want	to	make	it	our	business	to	operate	SUAS	

as	safely	and	efficiently	as	possible	and	not jeopardize	the	safety	of	our	fellow	

aviators.	Menet	Aero	therefore	intends	to	be	a	proactive organization	in	terms	of	

coordinating	with	the	FAA	and	other	stakeholders	to	help	alleviate	potential	

regulatory,	workload	and	coordination	challenges	that	could	affect	SUAS	ability	to	

safely	and	routinely	operate	in	the	NAS.

Furthermore,	since	SUAS	technology	is	still	in	its infancy, Menet	Aero	will	be	seeking

partnerships	with	universities, non-profit organizations,	and	academic

organizations	to	increase	positive public	awareness	of	responsible	SUAS	use and	

seek	opportunities	to	advance	potentially	society-benefiting	applications	such	as	

those	involving	precision	agriculture.	Additionally,	Menet	Aero	has	deep	ties	to	the	

National	Guard,	State	Departments	of	Emergency	Management,	and	other	federal	

emergency	organizations, such	as	FEMA.	It	is	our	goal	to	be	able	to	work	with	these	

organizations	to	develop	plans	to	safely	integrate	SUAS	into	emergency	planning	in	

order	to	leverage	their	unique	and	economical	capabilities	in	the	hopes	of	saving	

lives	in	a	natural	disaster	scenario, such	as	was	attempted	during	a	Mudslide	in	

Colorado	on	May	25,	20141. The	ability	to contribute	positively	in	this	type	of	

situation	requires	prior	planning	and	coordination	across	several	agencies.	Granting	

Menet	Aero this	exemption	will	allow	us	to	build	those	relationships	and	test	

procedures so	that	we can	be	counted	on	when	lives	are	on	the	line.

Summary	for	Federal	Register

Menet	Aero,	Inc. seeks	exemption	from	the	requirements	of	14	CFR	21,	Subpart	H,	

14	CFR	61.3	©,	14	CFR	61.113	&	14	CFR	61.133,	14	CFR	91.9,	14	CFR	91.105,	14	CFR	

91.109,	14	CFR	91.119,	14	CFR	91.121,	14	CFR	91.151,	14	CFR	91.203	(a)	&	(b), 14	

CFR	91.213,	and	14	CFR	91	Subpart	E.

This	exemption	will	allow	Menet Aero,	Inc. to	operate	Unmanned	Aerial	Systems	

(UAS)	for	commercial	and	non-recreational	purposes	over	various	areas	within the	

United	States.	Menet	Aero	is	a	team	of	experienced	aviation	personnel	whose	goal	is	

to	provide manned	and	unmanned	aviation	services	to	a	variety	of	industries and	

organizations under	the	experienced	and	watchful	oversight	of	professional	

aviators.	Our	core	business	focus	is	providing	our	clients	and	partners	with the	most	

economical	aviation	solutions to	meet	their	needs	while	not	compromising	the	

																																																							 1 Reference:	http://www.cpr.org/news/story/how-mesa-county-used-dronessearch-and-rescue-efforts-after-landslide
Menet	Aero,	Inc.

Page	17 of	17

safety	or	integrity	of	the	National	Airspace	System	(NAS). UAS	operations	conducted	

by	Menet Aero	will	benefit	the	public	as	a	whole	by	allowing	commercial	entities,	

public	agencies,	and	research	institutions	access	to	potentially	game-changing	

technology	with	the	oversight	of	those	intimately	familiar	with	FAA	regulated	

operations.

Additional	Information,	View,	or	Arguments	to	Support	Menet Aero’s	Request

To	further	illustrate	the	potential	societal	and	economic	benefit	of	using	an	SUAS	

versus	a	traditional	manned	platform	in	a	natural	disaster	scenario	such	as	search	

and	rescue,	it	is	worth	noting	that	the	2014	rate	of	reimbursement for	the	use	of	a	

National	Guard	UH-60 Blackhawk	helicopter during	an	emergency	ranges	from	

$3,496	to	$5,253	per	hour, depending	on	the	model.1 If	a	SUAS	were	employed,	the	

reimbursement	rate	is	more	likely	to	be	less	than	$100	per	hour.	Additionally,	the	

imagery	gather	by	an	SUAS	can	be	electronically	distributed via	cloud	technology

and	scoured	over	by	hundreds	of	eyes, versus	being	limited	to	the	just the crew	of	a	

traditionally manned	search	and	rescue	platform.	With	technologies	such	as	3D	

terrain	mapping,	SUAS	can	bring	a	level	of	situational	awareness	to	FEMA	planners	

that	was	not	previously	routinely	available.	This	presents	an	opportunity	to	more	

effectively	employ	manned	aviation	assets	by	pinpointing	their	search	efforts	based	

of	the	information	gathered with	SUAS	assets, as	well	as	by	providing better	

assessments	of	the	operational	environment.

Conclusion

As	presented above,	Menet	Aero,	Inc.	seeks	an	exemption	pursuant	to	14	CFR	11.61	

and	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012.	This	will	permit	

the	safe	operation	of	various	SUAS	commercially	and	non-recreationally,	without	

and	airworthiness	certificate,	for	the	purposes	of	providing	business,	research	

institutions,	and	government	agencies	access	to	the	most	economical	aviation	

solutions to	meet	their	needs, while not	compromising	the	safety	or	integrity	of	the	

National	Airspace	System. By	granting	this	petition,	the	FAA	Administrator	will	be	

fulfilling	the	Congressional	mandate	of	the	FAA	Modernization	and	Reform	Act	of	

2012,	while	also	advancing	the	interests	of	the	public.

																																																							 1 Reference:	Office	of	the	Secretary	of	Defense	Memo;	Subject:	Fiscal	Year	2014	

Department	of	Defense	Fixed	Wing	and	Helicopter	Reimbursement	Rates

http://comptroller.defense.gov/Portals/45/documents/rates/fy2014/2014_f_h.pdf